Title 6: Public Protection

Table of Contents

• 6.01 Curfew
• 6.02 Prohibited Touching; Nudity In Massage
• 6.03 Emergency Regulations
• 6.04 Tobacco Use Regulations In And Around County Facilities
• 6.05 Noise Control
• 6.06 Park Rules
• 6.07 Contracting To Provide Law Enforcement Services
• 6.08 Chronic Nuisance
• 6.09 Library Exclusion Process
• 6.10 Removal Of Person From Unlawful Campsites
• 6.11 Graffiti
• 6.12 Medical Marijuana Facility Moratorium
• 6.13 Exclusion Of Persons From County Buildings And Property

Chapter 6.01
6.01 Curfew

6.01.010 Purpose

ORS 419C.680(4) authorizes the Board of Commissioners of any county to adopt an ordinance for a curfew restriction on minors applicable to areas not within a city, which has the same terms provided in ORS 419C.680(1), except for providing that the period of curfew may include hours in addition to those specified therein, and except for further providing for different periods of curfew for different age groups, and enacting such an ordinance is in the interests of the people of Clackamas County.

[Codified by Ord. 05-2000, 7/13/00]

6.01.020 Curfew Regulation, Restriction, and Hours for Minors

The County of Clackamas, outside incorporated cities, hereby provides the following curfew regulations, restrictions and hours for minors, unless a minor is emancipated pursuant to ORS 419B.550 to 419B.558:

A. It shall be unlawful for any minor under 18 years of age to be, or remain, in or upon any street, highway, park, alley or other public place between the hours specified herein, unless such minor is accompanied by a parent, guardian or other person 21 years of age or over, and authorized by the parent or by law to have the care and custody of the minor, or unless such minor is then and there engaged in a lawful pursuit or activity which requires his presence in or upon such street, highway, park, alley or other public place during the hours specified herein. For the purpose of this chapter, the applicable hours of curfew shall be:

1. As to minors under 14 years of age who have not begun high school, the hours shall be between 9:15 o'clock p.m. and 6:00 o'clock a.m. of the following morning, except that during the months of June, July and August, the hours shall be between 10:15 p.m. and 6:00 a.m. of the following morning.

2. As to minors 14 years of age or over or who have begun High school, the hours shall be between 10:15 o'clock p.m. Sunday, Monday, Tuesday, Wednesday or Thursday, and 6:00 o'clock a.m. of the following morning, and between 12 midnight on Friday or Saturday, or any day prior to a legal holiday when no school is scheduled for said legal holiday, and 6:00 o'clock a.m. of the following morning, except that during the months of June, July and August, the hours shall be between 12 midnight and 6:00 o'clock a.m. Any minor violating any of the provisions of this chapter may be apprehended and taken into custody as provided in ORS 419C.080, 419C.085 and 419C.088 and may be subjected to further proceedings as provided in ORS Chapter 419C.

[Codified by Ord. 05-2000, 7/13/00]

Chapter 6.02
6.02 Prohibited Touching; Nudity In Massage

6.02.010 Purpose

The Clackamas County Board of Commissioners has made the following finding of fact that the activity prohibited in this chapter is contrary to the public peace, morals, health, safety and welfare, and that the activity prohibited in the proposed chapter constitutes a nuisance.

[Codified by Ord. 05-2000, 7/13/00]

6.02.020 Prohibited Touching

A. A person commits the offense of prohibited touching if:

1. They engage in or agree to engage in sexual contact in return for a fee; or

2. They pay or offer or agree to pay a fee to engage in sexual contact.

Sexual contact means any touching of the sexual or other intimate parts of a person not married to the actor, or causing such person to touch the sexual or other intimate parts of the actor, for the purpose of arousing or gratifying the sexual desire of either party.

[Codified by Ord. 05-2000, 7/13/00]

6.02.030 Promoting Prohibited Touching

A person commits the offense of promoting prohibited touching if, with intent to promote prohibited touching, they knowingly:

A. Owns, controls, manages, or supervises a place or enterprise where prohibited touching takes place; or

B. Induces or causes a person to engage in prohibited touching or remain in a place where prohibited touching takes place; or

C. Receives or agrees to receive money or other property, other than compensation for personally rendered prohibiting touching services, pursuant to an agreement or understanding that the money or other property is derived from a prohibited touching activity; or

D. Engages in any conduct that institutes, aids or facilitates an enterprise of prohibited touching.

[Codified by Ord. 05-2000, 7/13/00]

6.02.040 Nudity in Massage

A person commits the offense of nudity in massage if:

A. They appear in a state of nudity while engaged in the practice of massage; or

B. They, as a principal, agent, officer or employee of a massage business, appears in a state of nudity in any portion of a massage establishment where massage is given or where there is any patron of the establishment; or

C. They, as a principal, agent, officer or employee of a massage business, causes, permits, aids or abets any violation of this section by any agent or employee of the massage business.

[Codified by Ord. 05-2000, 7/13/00]

6.02.050 Definitions

A. MASSAGE means pressure on, friction against, stroking and kneading the body by manual or mechanical means, and gymnastics, with or without appliances such as vibrators, infrared heat, sunlamps and external baths for the purpose of maintaining good health and establishing and maintaining good physical condition;

B. MASSAGE BUSINESS means the operation of an establishment where massage is given;

C. PRACTICE of MASSAGE means the performance of massage for compensation, either as the owner of or as an employee in a massage business; and,

D. NUDITY means uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human breast below a point immediately above the top of the areola, or the covered human genitals in a discernibly turgid state. For the purposes of this definition, a breast is considered uncovered if the nipple only or the nipple and the areola only are covered.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2022, 7/21/22]

6.02.060 Penalties

The violations of any of the above sections shall be punishable upon conviction by a fine in an amount set by resolution of the Board of County Commissioners, for each violation. [Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 5-2003, 3-13-03]

6.02.070 Nuisances

A. Any place where prohibited touching, promoting prohibited touching or nudity in massage is conducted or carried on as described in section 6.02.030, 6.02.040 or 6.02.050 above is declared a nuisance and may be enjoined and abated as described below.

B. Whenever a nuisance exists under section 6.02.060 A, the District Attorney may maintain a suit in equity in the name of Clackamas County perpetually enjoining such nuisance and for its abatement. Such suit may be brought regardless of whether any individuals have been convicted under Section 6.02.050 above.

[Codified by Ord. 05-2000, 7/13/00]

Chapter 6.03
6.03 Emergency Regulations

6.03.010 Purpose

The purpose of this chapter is to provide a procedure to minimize injury to persons, the environment, and property. In addition, to preserve the established civil authority in the event a state of emergency exists within the unincorporated areas of Clackamas County or within the incorporated areas of Clackamas County, if assistance is requested by such incorporated jurisdiction.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 08-2015, 12/3/15]

6.03.020 Definition Of Emergency

For the purposes of this ordinance, emergency is defined as any man-made or natural event or circumstance causing or threatening loss of life; injury to persons, the environment, or property; human suffering; or financial loss to the extent that extraordinary measures must be taken to protect the public health, safety, and welfare. Such event shall include, but not be limited to: fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills of oil or other hazardous substances, disease, blight, infestation, utility or transportation service disruptions, civil disturbance, riot, sabotage, terrorism, war or any other such emergency as defined under Oregon Revised Statute, Chapter 401, as may be amended from time to time.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 04-2006, 6/29/06; Amended by Ord. 08-2015, 12/3/15; Amended by Ord. 06-2022, 8/11/22; Amended by Ord. 01-2023, 3/2/23]

6.03.030 Authority Of County

Under the provisions of ORS Chapter 401, and any successor statutes, the authority, and responsibility for responding to emergencies is placed at the local government level. ORS Chapter 401 further mandates that the County shall establish an emergency management agency to perform emergency program management functions including, but not limited to: program development, fiscal management, coordination with non-governmental agencies and organizations, public information, personnel training, and development and implementation of exercises to test the system.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 08-2015, 12/3/15]

6.03.040 Declaration Of Emergency

When, in the judgment of the Board of County Commissioners, a state of emergency exists, it shall declare in writing and publicize the existence of it. At the earliest practical opportunity, a written declaration of emergency shall be adopted by the Board and made a part of the County's official records. If circumstances prohibit the timely action of the Board of County Commissioners, the Chair of the Board may declare a state of emergency, provided that the approval of a majority of the Board of County Commissioners is sought and obtained at the first available opportunity. Upon that declaration of emergency, the Chair of the Board is empowered to assume centralized control of, and have authority over, all departments, divisions, and offices of Clackamas County in order to implement the provisions of this chapter. The state of emergency declared pursuant to this section shall specify the factors that warrant the exercise of emergency controls.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 08-2015, 12/3/15; Amended by Ord. 06-2022, 8/11/22; Amended by Ord. 01-2023, 3/2/23]

6.03.050 Succession Of Authority

In the event that the Chair of the Board of County Commissioners is unavailable or unable to perform their duties under the ordinance, the duties shall be performed by:

A. The Vice-Chair of the Board of County Commissioners;

B. If the Vice-Chair is unable to perform the required duties, then the remaining members of the Board of County Commissioners in order of seniority;

C. If the remaining members of the Board are unable to perform the required duties, then the Clackamas County Administrator or designee.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 04-2006, 6-29-06; Amended by Ord. 08-2015, 12/3/15]

6.03.060 Regulation And Control

Whenever a state of emergency has been declared to exist within unincorporated Clackamas County, or on the request of a municipality's governing body, the Board of County Commissioners is empowered to order and enforce the measures listed herein below. However, if circumstances prohibit the timely action of the Board of County Commissioners, the Chair of the Board may order emergency measures, provided that approval from a majority of the Board of County Commissioners is sought and obtained at the first available opportunity, or else the Chair's order will become invalid if such approval is not granted. Such emergency measures shall include but not be limited to:

A. Establish a curfew for the area designated as an emergency area which fixes the hours during which all persons other than officially authorized personnel may be upon the public streets or other public places;

B. Prohibit or limit the number of persons who may gather or congregate upon any public street, public place, or any outdoor place within the area designated as an emergency area;

C. Barricade streets and roads, as well as access points onto streets and roads, and prohibit vehicular or pedestrian traffic, or restrict or regulate the same in any reasonable manner in the area designated as an emergency area for such distance or degree of regulation as may be deemed necessary under the circumstances;

D. Evacuate persons from the area designated as an emergency area;

E. Close taverns or bars and prohibit the sale of alcoholic beverage throughout Clackamas County or a portion thereof;

F. Commit to mutual aid agreements;

G. Suspend standard competitive bidding procedures to obtain necessary goods, services and/or equipment, utilizing the procedures in the Clackamas County Local Contract Review Board rules;

H. Redirect funds; and

I. Order such other measures as are found to be immediately necessary for the protection of life and/or property.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 08-2015, 12/3/15; Amended by Ord. 06-2022, 8/11/22; Amended by Ord. 01-2023, 3/2/23]

6.03.070 Acquisition Of Resources

Under this section, the Board of County Commissioners is authorized to extend government authority to non-governmental resources (i.e.: personnel, equipment) that may support regular government forces during an emergency and may enter into agreements with other public and private agencies for either use of governmental resources in aid of authorized private agency efforts related to the emergency or for private resources to aid governmental efforts. When real or personal property is taken under power granted by this section, the owner of the property shall be entitled to immediate notice of the requisition by the County under its authority hereunder and to receive reasonable compensation within a reasonable period of time.

Under the provisions of ORS Chapter 401, State resources are available when the appropriate response to an emergency is beyond the capability of the county in which it occurs.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 08-2015, 12/3/15]

6.03.080 Penalty

A. Any person, firm, corporation, association or entity who violates any emergency measure taken by the Board of County Commissioners under authority of this chapter shall be subject, upon conviction, to a fine in an amount set by resolution of the Board of County Commissioners.

B. Each day of violation shall be deemed a separate offense for purposes of imposition of penalty up to the maximum allowed by law.

C. Where the Oregon Revised Statutes provide a penalty for an act, commission, or omission, the penalty prescribed herein shall be no greater than the penalty prescribed by said Oregon Revised Statues.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 05-2003, 3/13/03; Amended by Ord. 08-2015, 12/3/15]

6.03.090 Responsibility For Emergency Management

For purposes of this Ordinance, in accordance with ORS Chapter 401 or any successor statutes, the Emergency Management Agency for Clackamas County shall be the Clackamas County Department of Emergency Management. The Clackamas County Administrator is hereby designated as the Emergency Program Manager. Day-to-day management of the emergency program may be delegated to the Emergency Management Director. The National Incident Management System (NIMS) shall be used as the foundation for incident command, coordination and support activities.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 04-2006, 6-29-06; Amended by Ord. 08-2015, 12/3/15]

6.03.100 Severance Clause

If any provision of this Chapter 6.03 is adjudged or declared to be unconstitutional or otherwise held to be invalid by a court of competent jurisidiction, the remaining provisions of this Chapter shall remain in full force and effect.

[Added by Ord. 06-2022, 8/11/22]

Chapter 6.04
6.04 Tobacco Use Regulations In And Around County Facilities

[The Title of Chapter 6.04 changed by Ord. 04-2008, 12/18/08; Title amended by Ord. 04-2014, 9/11/14]

6.04.010 Purpose

The purpose of this chapter is to protect the health and welfare of the public, County employees and of all Clackamas County by providing a place that is free of tobacco smoke, vapor and other smoking instruments for all employees, clients, contractors and visitors to County facilities, and to reduce costs for the repair, maintenance and cleaning of County property, and to reduce the risk of fire.

[Codified by Ord. 05-2000, 7/13/00; Repealed and Replaced by Ord. 04-2008, 12/18/08; Amended by Ord. 04-2014, 9/11/14]

6.04.020 Definitions

As used in this chapter:

A. COUNTY FACILITY means an enclosed area that is operated, owned, leased, or rented by Clackamas County, or any of its departments or agencies. It includes, but is not limited to buildings, portions of buildings, meeting rooms, elevators, stairways, and motor vehicles that are operated in the course of County business.

B. DESIGNATED SMOKING AREA means a location sheltered or unsheltered that is designated by Clackamas County and posted with signage that indicates it is a permissible smoking area.

C. ENCLOSED AREA means all space between a floor and a ceiling that is enclosed on three or more sides by permanent or temporary walls or windows, exclusive of doors or passageways that extend from the floor to the ceiling.

D. SMOKING means using, inhaling, exhaling, burning or carrying any smoking instrument, or lighted or heated cigar, cigarette, pipe, weed, plant, or other tobacco like product or substance in any manner or in any form, including the use of electronic smoking devices which create vapor.

E. SMOKING INSTRUMENT means any cigar, cigarette, pipe or other smoking equipment, including any form of electronic cigarette or smoking apparatus; also includes smokeless dissolvable tobacco or nicotine product; chewing tobacco, also known as chew, snuff, or dip.

F. TOBACCO PRODUCT means any product that contains tobacco or is derived from tobacco and is intended to be introduced into the human body. "Tobacco Product" includes any electronic smoking device. "Tobacco Product" does not mean any product that the United States Food and Drug Administration has approved as a tobacco use cessation product.

[Codified by Ord. 05-2000, 7/13/00; Repealed and Replaced by Ord. 04-2008, 12/18/08; Amended by Ord. 04-2014, 9/11/14]

6.04.030 Policy

A. Smoking is prohibited inside all County facilities. Smoking is restricted to designated smoking areas outside County facilities on County property. These prohibitions shall apply to all employees, clients, contractors, volunteers and visitors.

B. A person may not smoke or use any smoking instrument within 25 feet of the following parts of a County facility:

1. Entrances;

2. Exits;

3. Windows that open; and

4. Ventilation intake that serves an enclosed area.

C. A conspicuous sign stating that smoking is prohibited shall be posted at the entrance of every County facility where smoking is prohibited by this chapter.

[Codified by Ord. 05-2000, 7/13/00; Repealed and Replaced by Ord. 04-2008, 12/18/08; Amended by Ord. 04-2014, 9/11/14]

6.04.040 Violation

It is a violation of this chapter for any person to smoke in any area where smoking is prohibited by this chapter.

[Codified by Ord. 05-2000, 7/13/00; Repealed and Replaced by Ord. 04-2008, 12/18/08]

6.04.050 Severability

If any clause, section or provision of this chapter is declared unconstitutional or invalid for any reason or cause, the remaining portion of this chapter shall remain in full force and effect and be valid as if the invalid portion had not been incorporated herein. [Codified by Ord. 05-2000, 7/13/00; Repealed and Replaced by Ord. 04-2008, 12/18/08]

Chapter 6.05
6.05 Noise Control

6.05.010 Declaration Of Findings And Policy

The Board of Commissioners for Clackamas County finds that excessive sound can and does constitute a hazard to the health, safety, welfare, and quality of life of residents of the County. While certain activities essential to the economic, social, political, educational and technical advancements of the citizens of the County necessarily require the production of sounds which may offend, disrupt, intrude or otherwise create hardship among the citizenry, the Board is obliged to impose some limitation and regulation upon the production of excessive sound as will reduce the deleterious effects thereof.

Now, therefore, it is the policy of this Board to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the citizens of Clackamas County through the reduction, control, and prevention of loud and raucous noise, or any noise which unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety; or causes public inconvenience, annoyance or alarm to reasonable persons of ordinary sensitivity.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 08-2020, 10/1/20]

6.05.020 Definitions

The following terms and definitions shall apply herein unless the context requires otherwise:

A. DWELLING means a building, or portion thereof, which contains one or more rooms designed for residential occupancy. A dwelling may be a residential trailer or a manufactured dwelling but not a recreational vehicle.

B. EMERGENCY means an occurance or set of circumstnaces involving actual or imminent physical trauma or property damage demanding immediate attention.

C. EMERGENCY WORK means any work performed to prevent or alleviate physical trauma or property damage, whether actually caused or threatened by an emergency, or work by private or public utilities in restoring service.

D. INDUSTRIAL or COMMERCIAL ORGANIZATIONS or WORKERS those industrial or commercial sound sources which are subject to noise regulation by the State of Oregon Department of Environmental Quality;

E. NOISE SENSITIVE AREA includes but is not limited to, dwellings and real property normally used as a school, church, hospital, nursng home or public library;

F. PERSON includes, in addition to any individual, any public or private corporation, association, partnership, or other legally recognized public or private entity;

G. PLAINLY AUDIBLE means any sound that can be detected by a reasonable person of ordinary sensitivities using their unaided hearing faculties;

H. PUBLIC RIGHT OF WAY means any legal use or right of passage, given to the public, over a strip of ground under the jurisdiction of county, state, or federal agencies.

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

J. SHERIFF the Sheriff of Clackamas County or the Sheriff's designee; and

K. SOUND SOURCE includes, but is not limited to,

1. Loudspeakers, public address systems;

2. Radios, tape recorders and/or tape players, phonographs, television sets, stereo systems including those installed in a vehicle;

3. Musical instruments, amplified or un-amplified;

4. Sirens, bells;

5. Vehicle engines or exhausts, when the vehicle is not on a public right-of-way;

6. Motorboats;

7. Vehicle tires, when caused to squeal by excessive speed or acceleration;

8. Tools, including drills, chain saws, lawnmowers, saws, hammers, and similar tools, but only between 10 p.m. and 6 a.m. of the following day;

9. Heat pumps, air conditioning units, generators, blowers and refrigeration units, including those mounted on vehicles; and,

10. Animals located in urban residential zoning districts.

L. URBAN RESIDENTIAL ZONING DISTRICTS means that those zoning districts defined in the Clackamas County Zoning and Development Chapter. Urban Low Density Residential (R-2.5/R-5/R-7/R-8.5/R-10/R-15/R-20/R-30), Medium Density Residential (MR-l), High Density Residential (HDR), Special High Density Residential (SHD), Planned Medium Density Residential (PMD), Medium High Density Residential (MR-2), Village Small Lot Residential (VR-4/VR-5), Village Townhouse (VTH), Village Apartment (VA), Regional Center High Density Residential (RCHDR), and any other similar urban residential zoning district defined after the enactment of this chapter.

M. VEHICLE means automobiles, motorcycles, motorbikes, go-karts, trucks, buses, and snowmobiles.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 08-2020, 10/1/20]

6.05.030 General Prohibition

A. No person shall make or continue to make:

1. Any unreasonably loud or raucous noise;

2. Any noise which unreasonabley disturbs, injures, or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity; or

3. Any noise that is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the vicinity of the location from which that noise emanates, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such dwellings or places of business.

B. Factors for determining whether a sound is unreasonably loud or raucous include, but are not limited to:

1. The proximity of the sound to dwellings or noise sensitive areas;

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

3. The time of day or night the sound occurs;

4. The duration of the sound; and

5. Whether the sound is recurrent, intermittent, or constant.

[Added by Ord. 08-2020, 10/1/20; Amended by Ord. 08-2020, 10/1/20]

6.05.040 Noises Specifically Prohibited

A. It shall be a per se violation of this chapter for any person to produce or permit to be produced, from a sound source either owned and operated by them or under their control, sound which exceeds:

1. 50 dBA at any time between 10 p.m. and 7 a.m. the following day; or,

2. 60 dBA at any time between 7 a.m. and 10 p.m.

B. The following acts are declared per se violations of this chapter based upon a reasonable person standard. The enumeration does not constitute an exclusive list;

1. Unreasonable Noises: The unreasonable making of, or knowingly and unreasonably permitting to be made, any unreasonably loud, boisterous, or unusual noise, disturbance, commotion, or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public right of way, public space or other place or building. The ordinary and usual sounds, noises, commotion or vibration incidental to the operation of these places when conducted in accordance with the usual standards of practice and in a manner which will not unreasonably disturb the peace and comfort of adjacent noise sensitive areas or which will not detrimentally affect the operators of adjacent places of business are exempt from this provision.

2. Vehicle, Horns, Signaling Devices, and Similar Devices: The sounding of any horn, signaling device, or other similar device on any vehicle on any right of way or in the public space of the County, for more than ten consecutive seconds. The sounding of any horn, signaling device, or other similar device, as a danger warning is exempt from this prohibition.

3. Non-Emergency Signaling Devices: Sounding any amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for non-emergency purposes, from any place for more than ten consecutive seconds in any hourly period.

4. Emergency Signaling Devices: The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, car alarm, siren, whistle, or similar emergency signaling device, except in an emergency.

5. Radios, Televisions, Stereos, Musical Instruments and Similar Devices: The use or operation of a radio, television, stereo, musical instrument, or similar device, including but not limited to computers, mp3 players, and cellular phones, that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet, and comfort of neighbors as received or perceived in dwellings or noise sensitive areas or passers-by, or is plainly audible at a distance of 50 feet from any person in a noise sensitive area.

6. Loudspeakers, Amplifiers, Public Address Systems and Similar Devices: The unreasonably loud and raucous use or operation of a loudspeaker, amplifier, public address system, or other device for producing or reproducing sound between the hours of 10 p.m. and 7 a.m. the following day in the following areas:

a. Within or in proximity to dwellings or noise sensitive areas.

b. Within the public space if the sound is plainly audible across the real property line of the public space from which the sound emanates, and is unreasonably loud.

7. Yelling, Shouting and Similar Activities: Yelling, shouting, hooting, whistling or singing received or perceived in dwellings, noise sensitive areas or in public places, between the hours of 10 p.m., and 7 a.m. the following day, or at any time or place so as to unreasonably disturb the quiet, comfort, or repose of reasonable persons of ordinary sensitivities. This section is to be applied only to those situations where the disturbance is not a result of the content of the communication but due to the volume, duration, location, timing, or other factors not based on content.

8. Animals and Birds: Within urban residential zoning districts, unreasonably loud and raucous noise emitted by an animal or bird for which a person is responsible. A person is responsible for an animal if the person owns, controls, or otherwise cares for the animal or bird.

9. Dogs: Any dog that unreasonably causes annoyance, alarm or noise disturbance in violation of the Clackamas County Animal Licensing, Services, and Enforcement Chapter 5.01.

10. Loading or Unloading Merchandise, Materials, Equipment: The creation of unreasonably loud, raucous and excessive noise relating to the loading or unloading of any vehicle at a place of business or residence.

11. Construction or Repair of Buildings, Excavation of Streets and Highways: The construction, demolition, alteration, or repair of any building or the excavation of streets and highways other than between the hours of 7 a.m. and 10 p.m..

12. Blowers, and Similar Devices: Between the hours of 10 p.m. and 7 a.m. the following day, the operation of any noise-creating blower, power fan, or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, provided that the noise is unreasonably loud and is received or perceived in dwellings or noise sensitive areas.

13. Commercial Establishments Adjacent to Dwellings: Unreasonably loud and raucous noise from the premises of any commercial establishment, including any outdoor area which is part of or under control of the establishment, between the hours of 10 p.m. and 7 a.m. that is plainly audible at a distance of five feet from any dwelling.

[Amended by Ord. 08-2020, 10/1/20]

6.05.050 Sound Measurement

A. Any dBa measurements taken shall be made with a sound level meter. The sound level meter shall be an instrument in good operating condition, meeting the requirements of a Type I or Type II meter, as specified in ANSI Standard 1.4-1971. For purposes of this chapter, a sound level meter shall contain at least an A weighted scale, and both fast and slow meter response capability.

B. Personnel making measurements shall have completed training in the use of the sound level meter, and measurement procedures consistent with that training shall be followed.

C. Measurements may only be made inside of a noise sensitive unit occupied by a person making a complaint under this chapter at, or within, three (3) feet of a closed window or closed door.

D. All measurements made pursuant to this chapter shall comply with the provisions of this section.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 08-2020, 10/1/20]

6.05.060 Exceptions

Notwithstanding 6.05.040, the following exceptions from this chapter are permitted when conditions therefor are met:

A. Sounds caused by organized athletic, religious, educational, civic or racing activities on property generally used for such purposes, including stadiums, parks, schools, churches, athletic fields, race tracks, airports and waterways, between the hours of 7:00 a.m. and 10:00 p.m. the same day;

B. Sounds caused by emergency work, or by the ordinary and accepted use of equipment, vehicles and apparatus in response to an emergency, whether or not such work is performed or equipment is used by a public or private agency, upon public or private property;

C. Sounds caused by sources regulated as to sound production by federal law, including, but not limited to, sounds caused by railroad, aircraft or commercially licensed watercraft operations;

D. Sounds caused by bona fide use of emergency warning devices and alarm systems authorized by the Clackamas County Alarm Permit Chapter 8.07 or successor provisions;

E. Sounds caused by blasting activities when performed under a permit issued by appropriate governmental authorities and only between the hours of 9 a.m. and 4 p.m. excluding weekends, unless such permit expressly authorizes otherwise;

F. Sounds caused by industrial, commercial, timber-harvesting, or utility organizations or workers during their normal operations;

G. Sounds caused by animals associated with agricultural operations, or animal husbandry;

H. Sounds caused by motor vehicles operated on a public right of way, which are regulated by state law (ORS 815.250) which the Sheriff has a mandate to enforce, and which are not otherwise prohibited by 6.05.040(B)(2) or (B)(4);

I. Sounds caused by construction activity or by tools, including drills, chain saws, lawnmowers, saws, hammers, and similar tools, between the hours of 7 a.m. to 10 p.m. of the same day;

J. Repair or excavations of bridges, streets or highways by or on behalf of the County, the State or the federal government, between the hours of 10 p.m., and 7 a.m. the following day, when the public welfare and convenience renders it impractical to perform the work between 7 a.m. and 10 p.m.;

K. Outdoor gatherings, public dances, shows, sporting events and other similar outdoor events, provided that a permit has been obtained from the appropriate permitting authority or is being sponsored or hosted by the County;

L. Noise emanating from the combustion, detonation, or concussion caused by using fireworks or other similar devices from July 1 until July 5 of each year;

M. When the sound is emitted from a motorboat it shall not be subject to the standards above but a violation shall be established where the sound exceeds 75 dBA as measured on shore, provided that the measurement be taken no closer than 150 feet from the boat. Where a measurement is taken from a distance close than 150 feet, a violation shall be established where the sound exceeds 84 dBA measured no closer than 50 feet from the boat. Motorboats shall not be operated on public waterways within the County unless equipped with a functioning underwater exhaust, muffler, or system which continuously pipes water into the exhaust line, except as may be permitted under ORS 830.260.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 08-2020, 10/1/20]

6.05.070 Variances

Any person who is planning the operation of a sound source which may violate any provision of this chapter, may apply to the Sheriff for a variance from such provision.

A. Application. The application shall state the provision from which a variance is being sought, the period of time for which the variance is to apply, the reason for which the variance is sought and any other supporting information which the Sheriff may reasonably require.

B. Review Considerations. The Sheriff shall consider:

1. The nature and duration of the sound emitted;

2. Whether the public health, safety or welfare is endangered;

3. If compliance with this chapter would produce a benefit to the public; and,

4. Whether previous permits have been issued and the applicant's record of compliance.

C. Time Duration of Variance. A variance may be granted for a specific time interval only.

D. The Sheriff shall within ten (10) days deny the application, approve it, or approve it subject to conditions.

E. The Sheriff's decision may be appealed to the Board of County Commissioners. Notice of Appeal must be delivered to the Board of County Commissioners within thirty (30) days from the date of the Sheriff's decision. The Board shall review the application de novo and within fifteen (15) days, deny the application, approve it, or approve it subject to conditions.

F. The authority granting the variance may at any time before or during the operation of any variance revoke the variance for good cause.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 08-2020, 10/1/20]

6.05.080 Chapter Is Additional To Other Law

The provisions of this chapter shall be cumulative and non-exclusive. It shall not affect any other claim, cause of action or remedy; nor, unless specifically provided, shall it be deemed to repeal, amend or modify any law, ordinance or regulation relating to noise or sound, but shall be deemed additional to existing legislation and common law on such subject.

Such existing legislation includes exhaust system and sound emission standards for motor vehicles operated on public roads set forth by ORS 815.250 and OAR 340-35-030. Existing legislation also includes exhaust system standards for motorboats set forth by ORS 830.260. The Sheriff has a mandate to enforce ORS 815.250 and 830.260. [Codified by Ord. 05-2000, 7/13/00; Renumbered by Ord. 08-2020, 10/1/20]

6.05.090 Administration And Enforcement

A. The Sheriff for Clackamas County shall administer, supervise, and perform all acts necessary to enforce this chapter. As applicable, Code Section 2.07 shall govern the procedure associated with any compliance hearing.

B. Citation: whenever a person produces or permits to be produced sound which is found in violation of, or contrary to, any provision of this chapter, that person may be issued a citation.

C. Unsworn persons may be utilized, as the Sheriff deems necessary, to issue citations for violation of this chapter, under the provisions of ORS 204.635.

D. Forms of Citation: the form for the citation to be issued under this chapter shall contain the following: a description of the specific violation alleged, the name and address of the person producing or permitting the violation, the description of the sound source, the time and place of the occurrence of the violation, the name and address of the office of the Sheriff, a form for admitting or denying the violation as provided by subsection F of this section, and a schedule of the forfeiture amounts for specific violations.

E. Upon citation of a person for a violation of this chapter, the person issuing the citation may seize the offending sound source as evidence. It is the intent of this chapter to avoid such seizures except where the person being cited has received two previous citations within the previous six- (6) months for the same or similar sound source. The previous citations may, but need not, occur on the same date as the citation, which prompts the seizure.

F. A person who receives a citation for violation of this chapter shall respond within fourteen (14) days of the issuance of the citation by payment of any penalties established under this chapter, or by requesting a hearing as provided in County Code Section 2.07.040.

G. The notice of hearing and the procedure associated with the compliance hearing is subject to those provisions of County Code Chapter 2.07.

H. In addition to any other enforcement procedures, the Board of County Commissioners may, upon its own motion, or upon receipt of a petition requesting hearing by the Board, issue its order to the person producing or permitting to be produced, the sound which allegedly violates this chapter, to appear before the Board and show cause why the Board should not declare the sound a violation of this chapter and order the violation abated. Noncompliance with the order may result in the Board referring the matter to the County Counsel for enforcement.

I. An attorney at any hearing may represent a person who receives a citation or an order to show cause, provided that in the case of representation by an attorney, the person gives one (1) day of written notice to the hearings officer or Board of County Commissioners so that the County may, at its option, arrange for representation by an attorney on its behalf.

J. County Counsel may prosecute or bring a civil action against violators of this chapter, or those who fail to comply with the hearing procedure, or an order of the Hearings Officer or Board. Such action shall be brought or pursued in the District or Circuit Court of the State of Oregon.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 05-2003, 3/13/03; Amended by Ord. 08-2020, 10/1/20]

6.05.100 Penalties

Violation of this chapter shall be punishable by a penalty or fine in an amount set by resolution of the Board of County Commissioners.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 5-2003, 3-13-03; Renumbered by Ord. 08-2020, 10/1/20]

6.05.110 Payment

Payment of all fines under this chapter shall be made by mailing or delivering the response form attached to the citation accompanied by a check or money order for the amount of the fine to the Sheriff's Office at 9101 SE Sunnybrook Blvd., Clackamas, Oregon 97015.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 08-2020, 10/1/20]

Chapter 6.06
6.06 Park Rules

6.06.010 Policy and Purpose

The purpose of this chapter is to protect County parks, forest and recreational areas, protect the health, safety and welfare of the public using such areas, and insure the best use of and benefits from such areas. The numbering system for this chapter is necessarily unique because of the requirements of the County and State criminal justice systems.

[Codified by Ord. 05-2000, 7/13/00; renumbered from 6.06.02 by Ord. 04-2013, 8/22/13]

6.06.020 Definitions

A. APPROVED CAMPING SHELTER means ground tents, vehicle tents, motorhomes, travel trailers, vans and camper units designed specifically for overnight, outdoor camping, such as Class A, B or C vehicles, towables, and truck campers.

B. BOARD means the Board of County Commissioners of Clackamas County.

C DIVISION means the Clackamas County Parks Division of the Business and Community Services Department and its employees.

D ANIMAL, as per ORS 167.310, means any non-human mammal, bird, reptile, amphibian or fish. LIVESTOCK, as per ORS 609.125 means any ratites (large flightless birds), psittacines (parrot & macaw type birds), horses, mules, jackasses, cattle, lamas, alpacas, sheep, goats, swine, domesticated fowl and any fur bearing animal bred and maintained commercially or otherwise, within pens, cages and hutches.

E. PARK AREA means any County park, forest or recreational area under the jurisdiction of the board, but not any residence located thereon.

F. PARK EMPLOYEE means a County employee, caretaker, host, or agent.

G. PARKS MANAGER means the person designated by the Board or the Department of Business and Community Services to administer the County's programs and policies for County parks, forests, and recreation areas.

H. PEACE OFFICER means a Sheriff, deputy sheriff, constable, marshal, municipal police officer, Oregon State Police officer, and such other persons as may be designated by law.

I. PROHIBITED ARTICLES means fireworks, weapons, glass, and alcoholic beverages under this Chapter.

J. RESERVATION includes, but is not limited to, calling, booking online or by email, in advance to obtain a campsite or day-use area.

K. Other terms shall be defined as set forth in the Oregon Vehicle Code, ORS Chapter 801, unless specifically provided otherwise in this Chapter.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 06-2007, 6/28/07; Renumbered from 6.06.03 and amended by Ord 04-2013, 8/22/13; Amended by Ord. 01-2016, 3/24/16; Amended by Ord. 07-2018, 6/28/18; Amended by Ord. 03-2019, 6/6/19; Amended by Ord. 02-2021, 6/24/21]

6.06.030 Opening, Closing, Entry Into Parks

A. The Division is hereby authorized to close to the public use of any County Park area or portion thereof, restrict the times when any County park area shall be open to such use, and limit or prohibit a recreation use whenever such action is necessary to protect the health or safety of the public, or the safety of the park area or its facilities. Cause for park area closure or limitation, or prohibition, on park area or recreational use includes, but is not limited to: Fire hazard, dangerous weather, water conditions, sanitary protection of the watershed, park area construction or repairs, conservation of fish and wildlife, excessive traffic; unsafe or overcrowded shoreline, ramp, parking or road conditions; the prevention of damage to the park or any of its facilities; or any dangerous, unsafe or unhealthful conditions.

B. Any County employee designated by the Director of Business and Community Services Department or any peace officer may request, as a condition of the license or permit to enter the County's park areas, that persons entering or about to enter allow inspections of all backpacks, briefcases, suitcases, athletic bags, packages, duffle bags, coolers, ice chests, picnic baskets, and other containers capable of concealing prohibited articles:

1. Inspections under this section may occur anywhere on park property. Persons possessing containers subject to inspection shall be informed that they are free to decline the inspection and then must immediately leave the park area.

2. If a person already inside the park area possesses a prohibited article, that person shall be considered to have violated the license to enter and use the park area. The person's license is automatically revoked and the person shall be requested to leave immediately.

3. Any person in violation of park rules is subject to citation and immediate trespass.

C. The County shall display signs at entrances to the park area that generally identify prohibited articles and provide notification of the request for inspection. The signs shall generally describe prohibited articles, explain the potential request for inspection and the right-to-decline options. Similar explanations may be printed on parking receipts and where available may be displayed at ticket windows on County property where parking passes or admissions are regularly sold.

D. Fees Required.

1. No person shall enter or use any County park area or any of its facilities without first paying the required fee, if any, unless such entry or use is otherwise authorized by a valid existing permit in the name of said person.

2. Any permit for entry or receipt for the use of any County park shall be displayed in a way that makes it easily visible from outside the vehicle. Failure to display a permit or receipt in a visible manner is a violation of this section requiring payment.

3. For all misplaced or stolen parking permits, there shall be a nominal fee for replacement.

E. Any County employee designated by the Director of Business and Community Services Department or any peace officer may revoke any permit that has been issued erroneously or where there is reasonable cause to believe the permit holder or any person in their custody, control, or family, has violated any of the provisions of these rules or any State, County or federal law. Any person whose permit has been revoked and all other persons in their custody, control, and family shall immediately leave the park area.

F. Any person who violates any of these Park Rules, or who violates any state statute (including the vehicle chapter), County ordinance or code while in a County park, may be ordered to leave the park area.

G. No person who has been ordered to leave a County Park area shall remain therein or return thereto.

H. The Division may refuse to admit into a park area any person who has been previously ordered to leave a County park.

I. The daily opening and closing times for each Clackamas County Park, including but not limited to Barlow Wayside, Barton, Boones Ferry Marina, Boring Station, Carver, Eagle Fern, Feyrer, Hebb, Knights Bridge, Madrone Wall, Metzler, Ed Latourette, Feldheimer, Wagon Wheel, and Wilhoit Springs, shall be established by the Parks Manager and/or their designee and posted at the entrance to the park.

J. Except for authorized overnight camping in accordance with these rules, no person, other than peace officers or authorized County personnel or agents, shall enter or remain in any park area after the daily closing time and before the daily opening time, without prior written authorization.

K. User fees for campsites are due and shall be paid prior to each day's use. The fee covers use of facilities and services until the vacating time of 1:00 p.m. the following day.

L. The person registering for the campsite is responsible for all persons using the campsite adhering to all park area rules, but this shall not provide a defense to any person who actually causes, or participates in causing, a violation of said rules.

M. Campers must maintain campsites in a clean, sanitary, and safe manner.

N. Unless otherwise posted at the entrance to the park campground, campsites may be occupied only as assigned by a reservation or at the campground registration area.

O. No more than two (2) vehicles are allowed in a single campsite. The first vehicle is included in the campsite fee. All excess vehicles will be charged an additional fee and may need to be parked in designated overflow parking.

P. In order to avoid unnecessary congestion of campground roadways and overloading of campground water and sanitation facilities, a park employee may prohibit entry of non-camper vehicles into the campground area. The park employee may issue temporary entry permits to non-camper vehicles when, in their opinion, such entry will not unnecessarily disrupt the operation, safety, and sanitation facilities of the campground.

Q. Campsites may be accommodated with any approved camping shelter except those areas that have specific designated usage, i.e., RV only, tent only.

R. Individual campsites are designed to serve one family unit. The following capacities shall apply:

1. Not more than two (2) tents OR one (1) recreation vehicle and one (1) tent per campsite.

2. A maximum occupancy of 8 persons per site.

3. No person under the age of 18 shall camp overnight unless accompanied by an adult.

4. ADA accessible campsites are designed for campers with mobility challenges. Campers with DMV placards or license plates are given priority in these sites. Unless otherwise noted below persons registering for, or occupying, accessible campsite(s) must clearly display an appropriate placard or plate during their stay. Note: Large group reservations of all campsites in a campground loop or park are exempt from this rule.

S. Parks with accessible campsites for Persons with Disabilities shall:

1. Hold all reserved site(s) for the date(s) of reservation unless notified by the Parks Office to release the site;

2. Hold unreserved accessible sites site(s) for qualified drop-in campers until 7:00 p.m. daily;

3. Release unreserved accessible site(s) for first come, first served use after 7:00 p.m. for one (1) night only stay if no qualified users have registered.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 06-2007, 6/28/07; Renumbered from 6.06.03 and amended by Ord. 04-2013, 8/22/13; Amended by Ord. 05-2015, 5/14/15; Amended by Ord. 01-2016, 3/24/16; Amended by Ord. 07-2018, 6/28/18; Amended by Ord. 03-2019, 6/6/19; Amended by Ord. 02-2021, 6/24/21]

6.06.040 Reservations And Check In/Out Times

A. All persons making reservations must be 18 years of age or older.

B. Online reservations for camp sites, sheltered and non-sheltered picnic areas must be made a minimum of 3 days in advance. Payment for reservations of picnic areas and campsites are due in full at the time of booking unless booking ten (10) or more campsites.

1. Reservations for ten (10) or more campsites must be made through the Parks Administration Office and requires a deposit of the reservation fee and first night's rental fee due at the time of booking the reservation. The remaining balance is due thirty (30) days after making the reservation. The Parks Division reserves the right to cancel a reservation of ten (10) or more campsites, without notification, if the final payment has not been paid as per policy.

2. No group may book more than thirty (30) campsites for the same date(s) in any one park on Memorial Day weekend, or during the peak use season from July 1 through Labor Day weekend.

C. Cancellations and refunds:

1. For campsites (full hook-up, partial hook-up, primitive) and bunkhouse:

a. If cancellation is made four (4) or more days in advance of the arrival date, a refund will be issued by the Parks Division less the reservation fee and a cancellation fee.

b. If cancellation is made within three (3) days of the arrival date, a partial refund will be issued by the Parks Division less the reservation fee, a cancellation fee and the first night's camping fee.

2. For sheltered and non-sheltered picnic areas:

a. If cancellation is made fifteen (15) days or more in advance of the reserved use date, a refund will be issued less the reservation fee and a cancellation fee.

b. If cancellation is made within fourteen (14) days of the reserved use date, no refunds will be issued..

3. Reservation and transaction fees are non-refundable.

4. If days are removed from the front of a reservation, resulting in the new arrival date being more than one year from when the original reservation was made, the County reserves the right to cancel the entire reservation, and retain the reservation fee and first night's camping fee.

D. Changes to overnight camping reservations and day use reservations, such as a reduction in the number of campsites, or a change in the location or date, can be made at any time, except as noted in section C.4, but a change fee is required and will be charged at the time of the change request.

E. Check-in time for all overnight camping sites is established at 3:00 p.m. and check-out time is established at 1:00 p.m. the following day. Campsites not vacated by 1:00 p.m. shall be subject to charge of fees for an additional night, if the campsite is available and not reserved for that time period.

F. If a campsite has been reserved for use by another party for that night, and the campsite has not been vacated by the non-reserved party by check-out time:

1. The non-reserved party shall vacate the site immediately or be subject to eviction;

2. The non-reserved party shall be subject to exclusion from Clackamas County parks pursuant to this chapter;

3. Any vehicle occupying the campsite after check-out time other than a vehicle of the reserved party is parked in violation of this chapter, and may be immediately towed away without prior notice at the owner's expense under the provisions of the Clackamas County Vehicle Parking and Towing Chapter; and

4. Park employees may remove any personal property remaining on the campsite other than property of the reserved party.

G. Individual campers or small groups reserving ADA accessible sites must provide documentation upon making the reservation or the reservation may be forfeited. Note: Large group reservations of all campsites in a campground loop or park are excluded from this rule.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 06-2007, 6/28/07; Renumbered from 6.06.14; amended by Ord. 04-2013, 8/22/13; amended by Ord. 02-2014, 5/22/14; Amended by Ord. 01-2016, 3/24/16; Amended by Ord. 04-2017, 5/4/17; Amended by Ord. 07-2018, 6/28/18; Amended by Ord. 03-2019, 6/6/19]

6.06.050 Violations

A. No person shall park a vehicle on any Clackamas County park property before the posted opening time or after the posted closing time. Vehicles parked in violation of this section shall be towed or booted in accordance with the Clackamas County Parking and Towing Chapter.

B. No person shall expose their genitalia or breasts, or be completely nude (full nudity) while in a public place or place visible from a public place, if the public place is open or available to persons of the opposite sex or children.

C. No person shall, while in, or in view of, a public place, perform an act of sexual intercourse or an act of oral or anal sexual intercourse; or an act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person, as defined in ORS 163.465.

D. No person shall have in their possession any glass beverage container without first obtaining a permit from the County Parks Department. Permits will be issued upon payment for use of designated campsites and group picnic areas. Permits for possession of glass beverage containers will not be issued for day-use areas.

E. Fires

1. Fires in park areas shall be confined to:

a. Fire rings, fire pits, or fireplaces provided for such purposes;

b. Portable stoves in established campsites and picnic areas where fires are permitted.

2. No person shall leave any fire unattended, and every fire user shall extinguish the fire before leaving the park area.

3. No person shall build, light or maintain any fire so as to constitute a hazard to any pile of wood, grass, tree, underbrush, or other flammable material.

4. No person shall move a park fire ring, fire pit, or fireplace from its designed location in any day use area or campground.

F. Fireworks and Weapons

1. No person shall hunt, pursue, trap, kill, injure, or molest any bird or animal in any park area.

2. No person shall discharge in any park area any firearm, pellet gun, bow and arrow, slingshot, paintball gun, or other weapon capable of injuring any person, bird, or animal.

3. No person, shall possess in any park area any: loaded firearm, loaded pellet gun; paintball gun; bow and arrow; slingshot; other weapon capable of injuring any person, bird or animal; provided however that the prohibition of loaded firearms does not apply to or affect:

a. a peace officer or authorized agent in the performance of official duty,

b. a member of the military in the performance of official duty,

c. a person licensed to carry a concealed handgun, or

d. a person authorized to possess a loaded firearm while in a public building under ORS 166.370.

4. No person shall possess or use fireworks or other explosives in any park area, except as designated, without the written permission from the Parks Manager and/or their designate.

G. Alcoholic Beverages

1. No person shall possess alcoholic beverages in any general day use area in any county park. Permits may be issued for designated reservable group picnic areas when requested and approved and upon payment for the group picnic area. Permits for the possession of alcoholic beverages in reserved campsites are not required. Violations shall be treated as a rule violation, and any person authorized to enforce park rules is authorized to confiscate and destroy any alcohol and its container.

H. Park Property & Property Destruction

1. No person shall mutilate, deface, damage, or remove any table, bench, building, sign, marker, monument, fence, barrier, fountain, faucet, traffic recorder, or other structure or facility of any kind in any park area.

2. No person shall dig up, deface, or remove any dirt, stones, rock or other substance whatever, make any excavation, quarry any stone, lay or set off any blast, roll any stones or other objects, or cause or assist in doing any of said things, in any park area.

3. No person shall erect temporary signs, markers, or inscriptions of any type in any park area, without the permission from the Parks Manager and/or their designee.

4. No person shall set up or use a public address system in any park area without the written permission from the Parks Manager and/or their designate.

5. No person shall wash any clothing or other materials, or clean any fish, in a lake, stream, river, or pond, in any park area.

6. No person shall use abusive or threatening language or gestures, create any public disturbances, or engage in riotous behavior, in any park area.

7. No person shall operate or use any noise-producing machine, vehicle, device, or instrument in any park area in a manner that is disturbing to other park area visitors.

8. No person shall operate any remote control device in any park area (i.e., drones, airplanes, cars, etc.).

9. No person shall pick, cut, mutilate, or remove any flowers, shrubs, foliage, trees, or plant life or products of any type in any park area.

I. Concessions and Solicitations

1. No person shall operate a concession, either fixed or mobile, in any park area without the written permission from the Parks Manager and/or their designee.

2. No person shall solicit, sell or offer for sale, peddle, hawk, or vend any goods, wares, merchandise, food, liquids, or services in any park area without the written permission of the Parks Manager and/or their designee.

3. No person shall advertise any goods or services in any park area without the written permission from the Parks Manager and/or their designeee.

4. No person shall distribute any circulars, notices, leaflets, pamphlets, or written or printed material of any kind in any park area by leaving or placing the material on a person's vehicle or property without the written permission from the Parks Manager and/or their designee.

J. Animals

1. No person shall ride, drive, lead, or keep livestock or animals, other than cats and dogs, in any park area not designated for their use (e.g., equestrian trails/facilities) without the written permission from the Parks Manager and/or their designee.

2. No dog or cat shall be brought into or kept in a park area unless confined or controlled on a maximum 6-foot long leash. A Park Employee may undertake, or require the person keeping the animal to take any measures, including removal of the animal from the park area, deemed necessary to prevent interference by the animal with the safety, comfort, and wellbeing of park area users, and the appearance or sanitary condition of the park area. No animals, other than service dogs for the disabled, shall be allowed in any park area building.

3. No person shall allow any animal in their custody or control to annoy, molest, attack, or injure any person or animal in the park area.

4. No person shall tie up any animal in their custody or control and leave such animal unattended.

5. All animal fecal matter shall be put in a bag or container and left in a designated waste receptacle.

6. No person shall have or allow more than two (2) domestic pets or other animals in any campsite.

K. Motor Vehicles

1. No person shall operate any vehicle in any park area in violation of the Oregon State Vehicle Code, County ordinance, code or other laws.

2. No person shall operate any motor vehicle in any park area at a speed in excess of 10 miles per hour, unless otherwise designated. In addition, no person shall operate any motor vehicle in any park area at a speed greater than is reasonable and prudent, having due regard to all of the following:

a. The traffic;

b. The surface and width of the highway;

c. The hazard at intersections;

d. Weather;

e. Visibility; and

f. Any other conditions then existing.

3. No person shall park a vehicle:

a. In violation of any "No Parking" signs or markings authorized by the Parks Manager and/or their designee;

b. In any location within a park, other than officially designated parking lots and parking spaces;

c. On grass, dirt, or landscaped areas that have not been graveled and designated for parking;

d. Beyond the edges of curbing or parking lots; or

e. In any designated staging area or timed parking area for longer than the maximum time limit stated on the posted sign.

4. No vehicle shall be parked in an emergency access area or travel lane of any park. Any vehicle parked in an emergency access area or travel lane of any park will be towed under the provisions of the Clackamas County Parking and Towing Chapter.

5. No person shall operate a motor vehicle on any park trail, or on any area within a park, which is not paved or graveled unless specifically marked as an area for motor vehicles.

6. No person shall operate any Off Highway Vehicle (OHV), All Terrain Vehicle (ATV) or any other vehicle not legal for street riding in any park area not designated for their use without the written permission from the Parks Manager and/or their designate.

L. Waste Disposal

1. All bottles, cans, ashes, waste, paper, garbage, sewage, and other rubbish or refuse shall be left only in receptacles designated for that purpose.

2. No person shall bring into a park area any trash, refuse, garbage, litter, waste material, or vehicles for the purpose of disposing them there.

3. No person shall use kitchen or toilet facilities in a camping vehicle in the park unless the person makes provision for holding sewage and other waste materials in watertight and sanitary containers. Such containers shall not be emptied in the park except at an officially designated dump station.

4. No person shall urinate or defecate in public in any park area where restroom facilities are provided.

M. Camping Rules

1. No person may camp overnight in a park area other than in an officially designated and numbered overnight camping space.

2. No person may camp in any one park area for more than fourteen (14) days in one eighteen (18) day period of time. No person may camp for more than twenty-eight (28) days total in the County Parks system as a whole, in any one camping season from May 1 to November 30, without the written permission from the Parks Manager and/or their designee.

3. Campers are required to maintain reasonable quiet between the hours of 10:00 p.m. and 7:00 a.m. and to respect the rights of other campers to peace and quiet during these hours.

4. No person shall camp overnight without an approved camping shelter.

5. No person shall wash a vehicle or trailer in any campsite.

6. No swimming pools of any size shall be filled with water in the campground without the written permission of the Parks Manager and/or their designee.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 06-2007, 6/28/07; Amended by Ord. 04-2013, 8/22/13; Amended by Ord. 04-2017, 5/4/17; Amended by Ord. 07-2018, 6/28/18; Amended by Ord. 03-2019, 6/6/19; Amended by Ord. 02-2021, 6/24/21]

6.06.060 Enforcement and Penalties

A. Any County employee or agent designated by the Director of the Business and Community Services Department, and any peace officer may enforce these park rules, order any person violating these rules to leave the park areas, and issue citations for violations of these rules, except that only a person expressly authorized under the Clackamas County Parking and Towing Chapter may enforce the towing or booting provision of that chapter. Caretakers and Camp hosts who are appointed by the County may notify persons of the requirements of these rules, seek voluntary compliance, and order any person violating the rules to leave the park areas.

B. Violation of any of the foregoing rules is subject to citation and punishable by a fine as set forth below.

C. Form of citation:

1. Description of the specific violation alleged;

2. The date, time, and location of its occurrence;

3. The maximum amount of the fine for the violation alleged;

4. A statement that the fine must be paid or a hearing requested within 20 days, and that upon failure to do so within 20 days opportunity for a hearing is forfeited and the fine doubles;

5. A form for either admitting the violation alleged and paying the fine, or denying the violation alleged, paying the equivalent bail, and requesting a hearing;

6. The address to which the form should be sent;

7. The telephone number of the person or facility which may be contacted for information;

8. The name and address of the violator, or in the case of a parking violation where the operator of the vehicle is not present, the license plate and vehicle number of the vehicle (if visible); and

D. Upon receiving a citation under this chapter, the cited person may:

1. Within 20 days, deliver to the Sheriff's Office the form provided with the citation, admitting the violation(s), forfeiting and paying the amount of the fine(s) indicated on the citation by credit card; forfeiture may be made by mail but must be actually received by the Sheriff within 20 days from the date of the citation; or

2. Within 20 days, deliver to the Sheriff's Office the form provided with the citation, denying all or part of the violation(s), and posting bail by paying a refundable deposit equivalent to the amount of fine(s) indicated on the citation; response may be made by mail, but must be actually received by the Sheriff within 20 days from the date of the citation.

Upon receipt of a denial, the Sheriff's Office shall inform the Hearings Officer. The Hearings Officer shall set a hearing within 30 days of the Sheriff's Office receipt of the denial and bail, and shall mail notice to the cited person and the issuer of the citation of the hearing date, time and place within 15 days of the Sheriff's Office receipt of the denial of bail.

3. Failure to perform any part of either subsection 1 or 2, including failure to respond within 20 days, shall be presumed an admission of the violation(s) cited, and the fine(s) shall be doubled.

E. Hearing Process.

The hearing shall afford a reasonable opportunity for the person(s) requesting it to present evidence that the citation was invalid or unjustified.

1. The Hearings Officer may administer oaths and take the testimony of witnesses. The Hearings Officer may issue subpoenas in accordance with Oregon Rules of Civil Procedure 55, provided that subpoena requests be received in writing no later than 5 days before the scheduled hearing. If the person charged with the violation(s) requests a subpoena, the person shall pay a deposit for each witness in an amount set by resolution of the Board of County Commissioners. Witnesses appearing by subpoena shall be allowed the same fees and mileage as allowed in civil cases in circuit court, to be paid by the person requesting the subpoena.

2. A person who receives a citation may be represented by an attorney or other person at any hearing, provided that in the case of representation by an attorney, the person gives written notice to the Hearings Officer two days prior to the hearing so that the County may, at its discretion, arrange for representation by an attorney on its behalf.

3. If the Hearings Officer, after due consideration, determines that the violation(s) alleged has been established, then the Hearings Officer shall issue a decision that the citation is valid and make brief findings of fact, and shall order the person cited to pay the appropriate fine to the County general fund. The decision and order may be oral and issued at the conclusion of the hearing, but in all cases must be recorded in the record of the hearing. The Hearings Officer will also determine the amount of witness fees to be paid out of any deposit, or refunded.

4. The decision of the Hearings Officer is final.

[Codified by Ord. 05-2000, 7/13/00; Renumbered from 6.06.15 and amended by Ord. 04-2013, 8/22/13; amended by Ord. 02-2014, 5/22/14; Amended by Ord. 04-2017, 5/4/17; Amended by Ord. 07-2018, 6/28/18]

6.06.04.01[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 05-2003, 3/13/03; Amended by Ord. 03-2010, 2/25/10; Repealed by Ord. 04-2013, 8/22/13]

6.06.07.01[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 05-2003, 3/13/03; Amended by Ord. 03-2010, 2/25/10; Repealed by Ord. 04-2013, 8/22/13]

06.06.07.02 [Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 05-2003, 3/13/03; Deleted by Ord. 03-2010, 2/25/10]

6.06.070 Vehicle Towed

A vehicle registered to a person who has failed to respond or pay fines as required by this chapter to three or more vehicle parking citations, may be towed from any park area or booted, without prior notice, in accordance with the Clackamas County Parking and Towing Chapter, and held until the amounts owing have been paid.

[Codified by Ord. 05-2000, 7/13/00; Renumbered from 6.06.11 by Ord. 04-2013, 8/22/13]

6.06.080 Fines

All fines shall be set by ordinance of the Board of County Commissioners.

[Added by Ord. 5-2003, 3-13-03; Renumbered from 6.06.17 and amended by Ord. 04-2013, 8/22/13]

6.06.090 Exclusions

Any peace officer or agent providing security services on behalf of County Parks may issue a written exclusion notice to any person violating County Park rules within Chapter 6.06, or who violates any state statute (including the vehicle chapter), County ordinance or code while in a county park.

A. An exclusion may be issued for up to one (1) year per violation.

B. A peace officer or agent providing security services on behalf of County Parks will provide a person who is excluded from a County park an exclusion notice. The exclusion notice shall specify the basis for the exclusion, which County parks the person is excluded from, the period of the exclusion, the time the exclusion is to commence, and a statement of the person's right to appeal the exclusion to the County Administrator.

C. The individual who is excluded for a period exceeding thirty (30) days shall have the right to appeal the exclusion. An appeal must be file, in writing, with the County Administrator within five (5) calendar days of the exclusion notice's issuance. The notice of appeal shall state the following:

1. The appellant's name;

2. The appellant's address and a telephone number where they can be reached;

3. A concise statement as to why the exclusion was in error; and

4. Attach a copy of the exclusion notice.

D. A person appealing an exclusion may request a hearing. The County Administrator may hold a hearing on the exclusion if there are any disputed issues of fact. If permitted, a hearing on the appeal shall be held no more than thirty (30) calendar days after the filing of the appeal, except in the event the County Administrator determines otherwise. The hearing shall afford a reasonable opportunity for the person requesting it to present and rebut evidence that the exclusion is invalid or unjustified.

E. The County shall have the burden to show by a preponderance of evidence that the exclusion is based on conduct prohibited under Chapter 6.06.

F. Copies of any and all County documents used by the County at the hearing shall be made available to the person appealing the exclusion upon written request.

G. The exclusion shall remain in effect during the pendency of the appeal.

H. The County Administrator will issue a final, written decision on an exclusion appeal.

[Added by Ord. 02-2021, 6/24/21]

Chapter 6.07
6.07 Contracting To Provide Law Enforcement Services

6.07.010 Purpose

The Clackamas County Board of Commissioners has determined that the operation by private organizations of public events involving large numbers of people is a matter of County concern. It is in the best interest of the citizens of Clackamas County for the Sheriff to provide temporary law enforcement services by contract to the private organizations.

[Codified by Ord. 05-2000, 7/13/00]

6.07.020 Authority to Contract

The Sheriff of Clackamas County is authorized to enter into contracts with private individuals, or public or private organizations, to provide temporary law enforcement services for short-term public events. The authority to execute such a contract is hereby delegated to the Sheriff.

[Codified by Ord. 05-2000, 7/13/00]

6.07.030 Contract Terms

A. Application for a temporary law enforcement service contract shall be made upon standard forms issued and kept by the Sheriff's Office.

B. Contracts authorized by this Chapter shall comply with all public contracting laws pursuant to ORS 279.310 through ORS 279.320 and Article XI, Section 10 of the Oregon Constitution.

C. The Sheriff shall have full discretion in determining the type of law enforcement service to provide, and the number of law enforcement officers appropriate, taking into account, but not limited to, the consideration of factors such as the size and type of the event, and the availability of officers and resources in the Sheriff's Office.

D. The law enforcement services shall encompass duties and enforcement functions of the type coming within the jurisdiction of, and customarily rendered by, the Clackamas County Sheriff under the statutes of the State of Oregon.

E. The rendition of such service, standards of performance, the discipline of officers, and other matters incident to the performance of such services, and control of personnel so employed, shall remain in Clackamas County and the Sheriff of Clackamas County.

F. Clackamas County, its officers and employees shall not be deemed to have assumed any liability for acts of the particular contractor, or of any officer, employee, or agent thereof, and that contractor shall covenant and agree to hold and save Clackamas County and all of its officers, agents and employees harmless from all claims whatsoever that might arise against Clackamas County, its officers, agents, and employees, by reason of any act of the contractor, its officers, agents and employees. Each contractor will secure and maintain throughout the term of its contract with the Sheriff comprehensive liability insurance in form and amount acceptable to Clackamas County.

[Codified by Ord. 05-2000, 7/13/00]

Chapter 6.08
6.08 Chronic Nuisance

6.08.010 Chronic Nuisance Property – Violations.

A. Any property within Clackamas County, that becomes a chronic nuisance property, as defined herein, is in violation of this Chapter and subject to its remedies.

B. Any person who permits property under their ownership, possession, or control to be a chronic nuisance property, as defined herein, shall be in violation of this Chapter and subject to its remedies.

[Added by Ord. 08-2001, 7-12-01; Amended by Ord. 13-2002, 10/17/02]

6.08.020 Definitions.

A. ABATE: Affirmative actions to remove, to stop, to prevent a nuisance including but not limited to:

1. Restricting or limiting use of the Property, including posting the property with signs indicating such restrictions.

2. Limiting the hours of operation of a business.

3. Closing the Property for not less than six (6) months or more than one (1) year.

4. Entering premises for purposes of removing, compelling the removal or destruction of the structure, thing, substance, condition or property constituting a nuisance.

5. Filing a civil complaint in a court of competent jurisdiction.

B. BOARD OF COMMISSIONERS: The Board of Commissioners for Clackamas County.

C. BUILDING OFFICIAL: The Clackamas County Building Official is the person designated by the County Administrator, or Director of the Department of Transportation and Development with the responsibility to enforce the County Code.

D. CHRONIC NUISANCE PROPERTY:

1. Property on which three (3) or more Nuisance Activities exist or have occurred during any sixty (60) day period or on which twelve (12) or more Nuisance Activities exist or have occurred during any twelve (12) month period; or

2. Property within 200 feet of which three (3) or more Nuisance Activities exist or have occurred during any sixty (60) day period or twelve (12) or more Nuisance Activities exist or have occurred during any twelve (12) month period, and the Nuisance Activities were engaged in by any Person Associated with the Property.

E. CONTROL: The authority to regulate, restrain, dominate, counteract or govern Property, or conduct that occurs on a Property.

F. GOOD CAUSE: Circumstances beyond the ability of a person acting with reasonable care and diligence to control.

G. NUISANCE ACTIVITIES:

1. Any of the following activities, behaviors or conduct:

a. Any activity on the Property, the commission of which constitutes a misdemeanor or felony criminal offense, even if criminal charges have not been issued or a criminal case is pending but not yet resolved.

b. Noise violations as prohibited in Clackamas County Code Sections 6.05.010 through 6.05.100.

c. Prohibited touching and nudity in massage as prohibited in Clackamas County Code Sections 6.02.010 through 6.02.070.

d. Arrests for criminal activity or based on a warrant of any kind.

e. Aiding or abetting in the commission of any crime as described by ORS 161.155.

f. Ordinance or code violations, including but not limited to violations of the solid waste ordinance, where the violations appear to a sworn law enforcement officer or duly authorized code enforcement officer to be reasonably likely to pose a threat to the health or safety of occupants or neighbors of the property or to the public at large.

g. Illegal occupation, camping, or squatting by individuals without authority or right to be on the property.

h. Harboring or giving refuge to a person who is actively sought or wanted in custody by a law enforcement agency.

i. Unlawful use, possession, manufacture, or delivery of controlled substances in violation of Oregon law. This counduct constitutes a nuisance activity regardless of whether the law violation is criminal in nature or is merely a violation level offense involving personal use quantities.

2. To qualify, all Nuisance Activities must be based on either:

a. Personal observation of the Sheriff, Building Official or designee; or

b. A determination by the Sheriff, Building Official or designee, either after an investigation or following a sworn statement of a person who personally witnessed the alleged incident and a determination that there are reasonable grounds to conclude that the alleged Nuisance Activities did, in fact, occur.

H. PERMIT: To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.

I. PERSON: Any individual person, agent, association, firm, partnership, corporation or other entity capable of owning, occupying or using Property in Clackamas County.

J. PERSON ASSOCIATED WITH THE PROPERTY: Any guest or customer causing a nuisance activity that is not denied by a person in charg of the Property.

K. PERSON IN CHARGE: Any Person with actual or constructive possession of a Property, including but not limited to an owner or occupant of Property under their ownership or Control.

L. PROPERTY: Any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, 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 may be limited to the unit or the portion of the Property on which any Nuisance Activity 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.

M. SHERIFF: The Clackamas County Sheriff.

[Added by Ord. 08-2001, 7/12/01; Amended by Ord. 13-2002, 10/17/02; Amended by Ord. 03-2016, 8/11/16; Amended by Ord. 03-2022, 7/21/22]

6.08.030 Procedure

A. When the Sheriff, Building Official or designee receives information indicating the existence of activities which qualify as nuisance activities:

1. The Sheriff, Building Official or designee shall independently review such information to determine whether a Chronic Nuisance Property as defined in 6.08.020.C. is more likely than not established by the information.

2. Upon such determination, the Sheriff or Building Official shall notify a Person in Charge in writing that the Property has been determined to be a Chronic Nuisance Property and request an abatement plan from the Person in Charge.

3. The notice shall contain the following information:

a. The street address or a legal description sufficient for identification of the Property.

b. A statement that the Sheriff or Building Official has determined the Property to be a Chronic Nuisance Property with a concise description of the Nuisance Activities leading to this determination.

c. A demand that the Person in Charge respond within ten (10) days to the Sheriff or Building Official by either describing the actions the Person in Charge intends to take to abate the Nuisance Activities (abatement plan), or indicating good cause as to why the Person in Charge cannot abate the Nuisance Activities, or contesting the determination of the Sheriff to the Board of Commissioners.

d. That an agreed abatement plan must be reached with the Sheriff, Building Official or designee within thirty (30) days from the date of the notice of determination of Chronic Nuisance Property.

e. That if the Nuisance Activities are not abated and good cause for failure to abate is not shown, the matter may be referred by the Sheriff or Building Official to the Board of Commissioners with a recommendation that the Board of Commissioners authorize the County Counsel to seek any remedy deemed to be appropriate to abate the Nuisance Activities.

f. That permitting Chronic Nuisance Property is a violation of this Chapter.

g. That the above remedies are in addition to those otherwise provided by law.

4. Notice may be served by personal service, posting on the Property, or mailing first class US mail. Notice may be delivered to the Property, to the mailing address of the owner of the Property as listed on the county tax roll, or to any other address that is likely to give the Person in Charge notice of the determination of the Sheriff.

5. The failure of any person to receive notice shall not invalidate or otherwise affect the proceedings under this Chapter.

B. The Sheriff or Building Official may take further action as described in Section 6.08.040 of this chapter when:

1. The Person in Charge fails to respond within ten (10) days from the date of the notice of determination of Chronic Nuisance Property by the Sheriff or Building Official; or

2. No agreeable written abatement plan is reached within thirty (30) days from the notice of determination of Chronic Nuisance Property by the Sheriff or Building Official; or

3. The Person in Charge fails to abate the Nuisance Activities from the Property as required by the agreed abatement plan; or

4. The Person in Charge fails to comply with all conditions of the written abatement plan for one year.

C. When the Person in Charge includes both a Person with actual or constructive possession of the Property and a legal owner of the Property, both people must agree to any proposed abatement plan within the time allotted under subsection (A)(3)(d) of this Section. Failure of both to agree to a proposed abatement plan shall result in a finding by the Sheriff or Building Official that the abatement plan is not agreeable under subsection (B)(2) of this Section.

D. Failure to respond, failure to abate the Nuisance Activities, or failure to propose an abatement plan shall be prima facie evidence of lack of cooperativeness of the Person in Charge. Failure to execute or comply with any abatement plan shall be prima facie evidence of lack of good faith in mitigating or correcting the situation.

[Added by Ord. 08-2001, 7/12/01; Amended by Ord. 13-2002, 10/17/02; Amended by Ord. 03-2016, 8/11/16; Amended by Ord. 03-2022, 7/21/22]

6.08.040 Commencement of Actions; Remedies; Burden of Proof

A. After receiving a referral from the Sheriff, Building Official or their designee, the Board of may authorize the County Counsel to commence legal proceedings in the Circuit Court to abate Chronic Nuisance Property and to seek closure of the Property, the imposition of civil penalties against any or all of the Persons in Charge thereof, and, any other relief deemed appropriate.

B. If the County submits a case to the Circuit Court, any disputed issues of law or fact as to the Property's designation as a Chronic Nuisance Property shall be determined by a judge at a court trial. Such trial shall be held as soon as reasonably possible by the Court in light of the risks posed to the community by Chronic Nuisance Properties and the standard of proof in such a case shall be a preponderance of the evidence.

C. If the Court determines a Property to be Chronic Nuisance Property, the court may order any or all of the following remedies:

1. That all occupants, regardless of their legal status, must vacate the Property.

2. That if the occupants fail to vacate the Property, the County may remove all occupants by obtaining a writ of execution and an eviction trespass notice in substantially the manner and form provided by ORS Chapter 105. The writ of execution and eviction trespass notice shall be available to the County not less than four (4) days after the subject Property is posted with a copy of the Court's judgment.

3. That the County's designee shall have authority to determine who may access the Property and for what purposes and duration such access is appropriate.

4. That anyone who accesses the Property without proper authorization from the County may be arrested for trespassing.

5. That upon the vacation or removal of all occupants, the County may enter and immediately close and secure the Property against all unauthorized access, use and occupancy. The court may order that the Property remain closed for a period of time not to exceed one (1) year.

6. That any owner or occupant of the Property who is named as a party in the lawsuit shall pay a civil penalty in an amount authorized by the Board of County Commissioners in Appendix B to the Clackamas County Code.

7. That any owner or occupant of the Property must take remedial steps to clean up or secure the Property, or to otherwise abate any activity or condition on the Property causing a risk to the health or safety of any occupants of the Property or any people residing in the vicinity of the Property. The court may condition re-entry onto the Property on completion of said remedial steps.

8. Any other remedy that the court deems appropriate in light of the circumstances.

The order shall be entered as part of the final judgment. The Court shall retain jurisdiction during any period of closure and to enforce the terms and conditions of the judgment.

D. When establishing the amount of any civil penalty, the Court may consider any of the following factors and shall cite those found applicable based on the evidence presented:

1. The actions taken by the Person in Charge to mitigate or correct the Nuisance Activities at the Property;

2. The financial condition of the Person in Charge;

3. Continuous or repeated nature of the problem;

4. The magnitude or gravity of the problem;

5. The cooperativeness of the Person in Charge with the County;

6. The cost to the County of investigating and correcting or attempting to correct the Nuisance Activities;

7. The effect upon the surrounding neighborhood during the history of the Nuisance Activities;

8. The good faith of the Person in Charge in executing and complying with any abatement plan; and

9. Any other factor deemed relevant by the Court.

E. The County shall have the initial burden of proof to show by a preponderance of the evidence that the Property is a Chronic Nuisance Property.

F. Evidence of a Property's general reputation and/or the reputation of persons residing in or frequenting it shall be admissible.

[Added by Ord. 08-2001, 7/12/01; Amended by Ord. 05-2003, 3/13/03; Amended by Ord. 03-2016, 8/11/16; Amended by Ord. 03-2022, 7/21/22]

6.08.050 Summary Closure

Notwithstanding sections 6.08.030 and .040 abvoe, if the Board of County Commissioners upon recommendation of the Sheriff, Building Official or their designee, determines that a substantial risk of immediate, serious, and irreparable harm to public welfare and safety exists on a property that qualifies as chronic nuisance property, the Board may authorize County Counsel to proceed directly into Circuit Court to seek relief permitted by this Chapter. This summary closure proceeding shall be pursued pursuant to ORCP 79 governing temporary restraining orders.

[Added by Ord. 08-2001, 7/12/01; Amended by Ord. 03-2016, 8/11/16; Amended by Ord. 03-2022, 7/21/22]

6.08.060 Entering Closed Property

It is unlawful for any person to enter, use or remain in or on property that has been ordered closed pursuant to this Chapter. Such entry without prior express permission of the Sheriff, Building Official or their designee shall constitute trespassing.

[Added by Ord. 08-2001, 7/12/01; Amended by Ord. 03-2022, 7/21/22]

6.08.070 Enforcement

A. The Court may authorize the County to physically secure the Property against all unauthorized access, use or occupancy in the event that the Person in Charge fails to do so within the time specified by the Court.

B. In the event that the County is authorized to secure the Property, the County shall recover from the Owner or Person in Charge all costs reasonably incurred by the County to physically secure the Property. The County shall prepare and submit a statement of costs incurred in physically securing the Property to the Court for review as provided by ORCP 68.

C. The Person in Charge may be required by the Court to pay reasonable relocation costs of a tenant as defined by ORS 90.100(28), if, without actual notice, the tenant moved into the Property after either:

1. A Person in Charge received notice of the determination of the Sheriff pursuant to Section 6.08.030.A.3.; or

2. A Person in Charge received notice of an action brought pursuant to Section 6.08.040 and 6.08.050.

D. A lien shall be created against the Property for the amount of the County's money judgment. In addition, any Person who is assessed penalties under this chapter shall be personally liable for payment thereof to the County. Judgments imposed by this Chapter shall bear interest at the statutory rate.

[Added by Ord. 08-2001, 7/12/01; Amended by Ord. 03-2016, 8/11/16]

6.08.080 Liability

Nothing herein shall be relied on or construed as establishing any County responsibility, obligation or liability to any third party, for damages or otherwise, arising from the actions or inaction of the County in applying this Chapter. Nothing herein lessens or otherwise alters the Person in Charge's responsibility to third parties arising from use and condition of the Property.

[Added by Ord. 08-2001, 7/12/01]

6.08.090 Attorney Fees

[Added by Ord. 08-2001, 7/12/01; Repealed by Ord. 03-2022, 7/21/22]

6.08.100 Sunset Clause

[Added by Ord. 08-2001, 7/12/01; Amended by Ord. 13-2002, 11/17/02; Deleted by Ord. 14-2004, 12/16/04]

6.08.110 Severability

The provisions of this Chapter are intended to be consistent with any applicable provisions of state law. If any provisions of this Chapter, or its application to any person, or circumstances is held to be invalid for any reason, the remainder of the Chapter, or the application of its provisions to other persons or circumstances shall not in any way be affected.

[Added by Ord. 08-2001, 7/12/01]

Chapter 6.09 
6.09 Library Exclusion Process

6.09.010 Exclusion From Library

A. A person is subject to a warning notice, exclusion from library property, immediate ejection from library property or may otherwise have their library privileges restricted or suspended for a period of up to ninety (90) days for any of the following conduct:

1. Sleeping. Sleeping using bedding, sleeping bag or other sleeping matter in the library unless such use has been approved in advance by the Library Director.

2. Unrelated Activities. Use of Library facilities and/or equipment for activities unrelated to the purposes of the Library;

3. Excessive Noise. Loud or excessive noise or use of amplified recording or sound production equipment, including, but not limited to, radios, tape recorders, compact disc (CD) players, and digital media players, such that the sound produced is audible five (5) feet from the device, unless such use has been approved in advance by the Library Director.

4. Children Required to be in School. Violating ORS 339.010 or any successor statutes, which requires children between the ages of 7 and 18 years who have not completed the 12th grade to attend regularly a public full-time school, unless the child is exempt from compulsory school attendance by ORS 339.030.

5. Disruptive Behavior. Disruptive behavior, which includes, but is not limited to:

a. any illegal activity;

b. damaging library materials or equipment;

c. smoking;

d. drinking alcoholic beverages;

e. littering;

f. soliciting;

g. running;

h. harassing patrons and/or staff;

i. using abusive or threatening language or gestures;

j. create a public disturbance;

k. panhandling; or

l. riotous behavior.

6. Disobeying Library Staff. Disobeying the direction of a library staff member.

7. Interference with Use or Duties. Persons who interfere with the use of the Library by other persons, or interfere with Library employees' performance of their duties.

8. Appropriate Clothing. Persons who are not wearing a shirt or other covering of their upper bodies, pants or other covering of their lower bodies, or who are not wearing shoes or other footwear.

9. Hygiene. Persons whose bodily hygiene is offensive so as to constitute a nuisance to other persons shall be required to leave the building.

10. Weapons. Persons who bring a weapon into the library unless authorized by law under ORS 166.370.

11. Animals. Allowing any non-service animal that is not pre-approved by library staff into the library. Any service animal that is allowed to annoy, molest, bark continuously, attack or injure any person or animal on library property or is tied and left unattended will no longer be deemed a service dog and will not be permitted to remain on the premises.

Under the federal Americans with Disabilities Act, a service animal is defined as a dog that is individually trained to do work or perform tasks for people with disabilities. The work or task a dog has been trained to provide must be directly related to the person's disability. A service animal whose sole function is to provide comfort or emotional support does not qualify as a service animal under the ADA.

12. Concessions and Solicitations. Persons who engage in any of the following on library property:

a. Operate a concession, either fixed or mobile, without having obtained a permit or contract from the Director;

b. Solicit, sell, or offer for sale, peddle, hawk, or vend any goods, wares, merchandise, food, liquids or services without having obtained a permit or contract from the Director.

c. Advertise any goods or services, except signs painted or mounted on vehicles in personal use, without having obtained a permit from the Director.

B. As used in subsection A above, the term "library privileges" means the ability to obtain the use of any printed material, pictures, sound recordings or information that is kept in any form within any Clackamas County Library building, and to physically enter any Clackamas County Library.

C. A person may be immediately ejected from the library based on conduct from subsection A, at the discretion of the Library Director or other authorized designee.

D. A person may obtain a permit to engage in concessions or solicitations, as referenced above in subsection A(12), by submitting a completed application to the Director. The Director will use a range of content-neutral factors to make a determination whether to issue the permit. If a permit application is denied, the applicant may file an appeal following the procedures in 6.09.040 below.

[Added by Ord. 03-2002, 3/7/02; Amended by Ord. 04-2005, 6/9/05; Amended by Ord. 05-2013, 10/17/13]

6.09.020 Persons Authorized to Issue Exclusion or Warning Notices or Eject Individuals From Property

The Library Director is hereby designated as the person in charge of the Library for purposes of excluding or ejecting individuals and issuing exclusion or warning notices in accordance with this Chapter. The Library Director may authorize other personnel to exclude or eject individuals or issue exclusion or warning notices consistent with this Chapter.

[Added by Ord. 03-2002, 3/7/02; Amended by Ord. 05-2013, 10/17/13]

6.09.030 Issuance of Warning or Exclusion Notices

A. Warning Notice. At the time of the occurrence of any conduct identified in Section 6.09.010.A., the Library Director, or designee may issue a written warning notice. The notice shall specify that in the event a second notice is issued to the individual within ninety (90) days of the first notice, that person shall be subject to exclusion from the Library and/or lose such other Library privileges as the Library Director may determine to be appropriate for a period of up to ninety (90) days. The warning notice shall include information concerning the right to appeal the warning notice to the County Administrator.

B. Exclusion Notice. The Library Director may issue a written exclusion notice excluding the person from the Library. If an individual engages in conduct described in section 6.09.010(A) above that warrants exclusion without a warning notice, then the individual will receive a written exclusion notice.

The notice shall specify that the person is to be excluded from the Library, the period of the exclusion, the time the exclusion is to commence, as well as contain information concerning the right to appeal the exclusion notice to the County Administrator.

[Added by Ord. 03-2002, 3/7/02; Amended by Ord. 05-2013, 10/17/13]

6.09.040 Right to Appeal

A. The individual who is excluded, to whom a warning or exclusion notice is issued, or to whom a permit application has been denied, shall have the right to appeal the decision.

B. An appeal must be filed, in writing, with the County Administrator within five (5) calendar days of the notice's issuance. The notice of appeal shall state the following:

1. The appellant's name;

2. The appellant's address and a telephone number where they can be reached.

3. A concise statement as to why the exclusion, denial of a permit or issuance of the notice was in error; and

4. Attach a copy of the notice or letter of denial.

C. A hearing on the appeal shall be held no more than thirty (30) calendar days after the filing of the appeal, except in the event the County Administrator determines otherwise. The hearing shall afford a reasonable opportunity for the person requesting it to present and rebut evidence that the warning, exclusion, or permit denial is invalid or unjustified. The decision of the County Administrator is final and shall be in writing. The written decision shall state how it can be appealed.

D. The warning or exclusion shall remain in effect during the pendency of the appeal.

E. The County shall have the burden to show by a preponderance of evidence that the warning or exclusion is based on conduct described in Section 6.09.010. In the case of a permit denial, the County shall have the burden to show by a preponderance of the evidence that the denial of the permit was determined through a content-neutral analysis.

F. Copies of any and all County documents used by the County at the hearing shall be made available to the appellant upon request.

[Added by Ord. 03-2002, 3/7/02; Amended by Ord. 05-2013, 10/17/13]

Chapter 6.10
6.10 Removal Of Person From Unlawful Campsites

6.10.010 Definitions for Chapter 6.10

A. CAMP, CAMPS, CAMPED OR CAMPINT means to set up, or to remain in or at a campsite for the purpose of establishing or maintaining a temporary place to live.

B. CAMPSITE means 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.

C. PERSONAL PROPERTY means, for the purpose of this chapter, any item that is reasonably recognizable as belonging to a person and that has apparent utility.

D. PUBLIC PROPERTY means public lands, premises and buildings, including but not limited to any building used in connection with the transaction of public business or any lands, premises or building owned or leased by the state or any political subdivision of the state, including any park, or under any bridge or viaduct.

E. UNLAWFUL CAMPSITE means a campsite where a notice of unlawful camping has been posted as provided in this Chapter, and where persons remain camped, or personal property remains at the campsite, five days after the posting of the notice.

[Added by Ord. 02-2007, 2/8/07]

6.10.020 Unlawful Camping; Removal from Public Property

It is unlawful for any person who camps in or upon any public property to remain camped for 5 days after having been provided a notice of unlawful camping as set forth in this chapter. Any person found to be camping unlawfully on public property may be removed from the unlawful campsite as provided by this Chapter.

[Added by Ord. 02-2007, 2/8/07]

6.10.030 Notice of Unlawful Camping

Subject to the exceptions set forth in this chapter, a notice of unlawful camping must be posted before the County removes persons from a campsite on public property, or before the County removes personal property from a campsite on public property. The notice must meet the following requirements:

A. The notice must be posted at the campsite in English and Spanish and must:

1. State that personal property will be removed five (5) days after the notice is posted.

2. State that anyone remaining at the campsite five (5) days after the notice is posted may be subject to removal.

3. Indicate the location where personal property can be retrieved if property was removed from the site for storage, and that it must be retrieved within thirty (30) days.

4. Include the telephone number for Clackamas County Social Services Information and Referral.

B. The notice must be provided in writing to persons present at the campsite, allowing the person a minimum of five (5) days to vacate the area.

C. Officials posting and providing such notice shall inform Clackamas County Social Services at the time notice is posted that notice has been provided to the persons and/or has been posted on the public property, and the location of the posting.

D. The notice required by this section may be reduced to not less than twenty-four (24) hours when expressly authorized in a particular case by the County Administrator or his designee.

E. Following the removal of persons from public property under the provisions of this chapter, law enforcement officials, local agency officials and outreach workers may meet to assess the notice and removal policy, to discuss whether the removals are occurring in a humane and just manner, and to determine if any changes are needed in the policy.

[Added by Ord. 02-2007, 2/8/07]

6.10.040 Enforcement

After the notice period provided in the notice of unlawful camping has elapsed, the County may remove any person from an unlawful campsite on public property, and may remove personal property left at the campsite as provided in section 6.10.060.

[Added by Ord. 02-2007, 2/8/07]

6.10.050 Exceptions

A. The notice described in sections 6.10.030 and 6.10.040 is not required:

1. When there are grounds for law enforcement officials to believe that illegal activities other than unlawful camping are occurring;

2. In the event of an emergency such as possible site contamination by hazardous materials, or when there is immediate danger to human life or safety, or when the Governor has declared an emergency under the provisions of ORS 131.715;

3. For a campground designated by the County, state or federal government which is occupied under an agreement between the occupant and the campground; or

4. For an area temporarily designated by the County Administrator for camping during an emergency or special event.

[Added by Ord. 02-2007, 2/8/07]

6.10.060 Personal Property

Personal property may be removed by the County from an unlawful campsite on public property. All unclaimed personal property removed from the campsite shall be given to law enforcement officials. The property shall be stored for a minimum of thirty (30) days during which it will be reasonably available to any individual claiming ownership. Any personal property that remains unclaimed for thirty (30) days may be disposed of in accordance with the provisions of County Code Chapter 2.02, Unclaimed Property. Personal property that has no apparent utility or is in unsanitary condition may be immediately discarded. Weapons, drug paraphernalia and items that appear to be stolen or evidence of a crime shall be given to law enforcement officials.

[Added by Ord. 02-2007, 2/8/07]

Chapter 6.11
6.11 Graffiti

6.11.010 Definitions

A. GRAFFITI means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of real or personal property, without the prior authorization of a responsible person, and that is visible from premises open to the public.

B. PERMIT means to knowingly allow graffiti to remain by any failure, refusal or neglect to remove.

C. RESPONSIBLE PERSON means any person, organization, or entity having a legal or equitable interest in real or personal property.

[Adopted by Ord. 07-2008, 12/18/08]

6.11.020 Administration

The Director of the Clackamas County Department of Transportation and Development or their designee (the director) shall administer and enforce the provisions of this chapter.

[Adopted by Ord. 07-2008, 12/18/08]

6.11.030 Violations

It shall be unlawful for any responsible person to permit any graffiti to remain on real or personal property within Clackamas County for more than fifteen (15) calendar days from the date that notice of the presence of graffiti is mailed.

[Adopted by Ord. 07-2008, 12/18/08]

6.11.040 Procedures

A. Notice of Graffiti – Upon discovery that graffiti exists, the director shall provide prompt written notice to a responsible person informing them of the presence of graffiti. The notice shall be sent by regular mail and shall contain:

1. The legal description of the property and/or address where the graffiti exists.

2. A description of the graffiti to be removed.

3. A statement that the graffiti must be removed within fifteen (15) days from the date the written notice is mailed.

4. A statement that unless the graffiti is removed within the given length of time, the director may issue a citation and may refer the matter to the County Code Compliance Hearings Officer. The Code Compliance Hearings Officer may order the graffiti to be removed pursuant to Chapter 2.07 of the Clackamas County Code and may impose costs of enforcement, administrative fees, and/or civil penalties upon a responsible person.

5. A statement that, if necessary, the County costs of removing the graffiti and/or civil penalties shall be collected from a responsible person and if left unpaid may be made a lien against the property or responsible person.

B. Enforcement – If the responsible person does not remove the graffiti to correct the violation within the time specified, the director may:

1. Order the violation referred to the Clackamas County Code Compliance Hearings Officer or undertake other enforcement actions pursuant to Chapter 2.07 of the Clackamas County Code; or,

2. Order Clackamas County Counsel to institute appropriate suit or legal action, in law or equity, in any court of competent jurisdiction to enforce the provisions of this chapter or any Order of the Compliance Hearings Officer pursuant to Section 2.07.090.5 and any costs or fees imposed pursuant to Sections 2.07.090.A.6 and 2.07.090.A.7 of the Clackamas County Code.

C. Hearings – Hearings regarding the existence of a violation, the identity of a responsible person, or any other legal or factual issue shall take place pursuant to Chapter 2.07 and may result in any of the remedies provided in that chapter as well as an order allowing the County to enter the property and remove the graffiti.

D. Removal of Graffiti by County - If the Compliance Hearings Officer orders removal of the graffiti and the responsible person does not remove the graffiti within the time specified, then the Hearings Officer may order that the removal be done by the County. If removal by the County is ordered by the Hearings Officer;

1. The Director shall keep an accurate record of expenses incurred by the County in removing the graffiti and shall submit a copy of this record to the County Clerk for filing.

2. After removal of the graffiti by the County the Director shall forward to the responsible person by certified mail a notice stating:

a. The total cost of the graffiti removal.

b. That costs will be assessed and become a lien against the property unless paid within thirty (30) days from the date of the notice.

3. If the costs of the removal are not paid within thirty (30) days from the date of the notice, an assessment of the costs stated shall thereupon be entered in docket of County Clerk Lien Record and upon such entry being made, shall constitute a lien on the property from which the graffiti was removed. The lien provided for herein shall be foreclosed in the manner prescribed by state law for the enforcement of liens.

[Adopted by Ord. 07-2008, 12/18/08]

6.11.050 Severability

If any clause, section, or provision of this chapter is declared unconstitutional or invalid for any reason, the remaining portion of this chapter shall remain in full force and effect and be valid as if the invalid portion had not been incorporated herein.

[Adopted by Ord. 07-2008, 12/18/08]

Chapter 6.12
6.12 Medical Marijuana Facility Moratorium

(Added by Ord. 01-2014, 4/24/14; Amended by Ord. 01-2015, 1/8/15; Repealed by Ord. 09-2015, 12/17/15)

Chapter 6.13
6.13 Exclusion Of Persons From County Buildings And Property

6.13.010 Purpose

To establish a policy and procedure for lawfully excluding disruptive or threatening persons from County buildings or property.

[Added by Ord. 03-2022, 7/21/22]

6.13.020 General Policy

A person who engages in certain disruptive or threatening conduct in County buildings or on County property shall be subject to immediate exclusion as necessary to ensure the safety of others and the ability to conduct County business. This Chapter applies to all County buildings and property except for County Parks, which are subject to Section 6.06.090 of the County Code, and County libraries, which are subject to Chapter 6.09 of the County Code.

[Added by Ord. 03-2022, 7/21/22]

6.13.030 Definitions

COUNTY BUILDINGS OR PROPERTY means all buildings and property owned, operated, leased, or occupied by Clackamas County or any of its component governmental units and county service districts.

[Added by Ord. 03-2022, 7/21/22]

6.13.040 Policy Guidelines and Procedures

A. A person shall be subject to exclusion from County buildings or property if that person engages in any of the following types of conduct:

1. Fighting or engaging in threatening behavior or disorderly conduct;

2. Interfering with the ability to conduct County business;

3. Making unreasonably loud or disturbing noise;

4. Causing damage to County property;

5. Using abusive or obscene language in a threatening manner;

6. Intentionally entering or attempting to enter an area that is not open to the public;

7. Entering or attempting to enter a County building or County property while possessing an illegal or dangerous item, including a weapon, unless the individual meets an exception as listed in ORS 166.370(3);

8. Refusing to vacate County buildings or property after being asked to do so by a County employee.

B. For the purposes of this policy, the persons in charge of County buildings or property are either the County Administrator, the County Operating Officer,

County Counsel, County Facilities Director, or their designees and the Clackamas County Sheriff, the Undersheriff, the Chief Deputies, or their designees. All such persons in charge are delegated the discretion to exclude people pursuant to this policy.

C. Persons in charge shall have discretion to set reasonable parameters when issuing exclusions. The extent and duration of an exclusion shall be reasonably related to the following factors:

1. The nature of the conduct;

2. The level of threat posed;

3. Any history of past exclusions or similar conduct;

4. Any risk of violence; and

5. The likelihood of repeated conduct.

D. The duration of the exclusion shall be no less than 7 days and no longer than 1 year unless the exclusion results from fighting or other offensive physical contact, or bringing an illegal or dangerous item onto County property, in which case the exclusion shall be no less than 1 year and no longer than 3 years.

E. Upon determining that an exclusion of a person is necessary, a person in charge shall issue a written notice of exclusion on a form prescribed by the County. The notice shall be personally served on the person to be excluded, or may alternatively be served by mailing a copy by first-class mail, to the excluded Individual's residence or mailing address.

F. A notice of exclusion shall contain at least the following:

1. The name and address (if known) of the individual to be excluded;

2. The date and time of the event(s) resulting in the exclusion;

3. A brief description of the behavior or conduct resulting in the exclusion;

4. The duration for which the exclusion will be in effect;

5. The name and phone number of the person in charge who issues the exclusion;

6. A statement that the excluded person may request reconsideration of the exclusion and how such a request can be made;

7. A statement that if the excluded person requires County services during the exclusion period, they may do so pursuant to Section 6.12.030(H) of this exclusion policy;

8. A statement that the violation of a notice of exclusion could result in arrest and prosecution pursuant to Oregon law, including ORS 162.235, ORS 164.245, ORS 164.265, or ORS 166.360;

9. A full copy of this exclusion policy for the person's reference; and

10. A person who has received notice that they are excluded from County buildings or property and who subsequently remains or returns to County buildings or property, may be arrested and may face prosecution for criminal trespass pursuant to ORS 162.235, ORS 164.245, ORS 164.265, or ORS 166.360.

G. This policy applies to buildings or property owned, operated, leased, or occupie by Clackamas County or any of its component governmental units and county service districts. If this general exclusion policy conflicts with a more specific exclusion policy, the more specific policy shall control.

H. Persons excluded pursuant to this policy may obtain necessary County services during the exclusion period by scheduling to meet with staff at specified locations at pre-arranged times, provided the individual appropriately conducts themself during any such meetings. When an excluded individual arrives for a prearranged meeting, the person must immediately check-in with a security checkpoint, building reception or departmental reception upon entering County property.

I. Excluded persons may request reconsideration by mailing a written request and explanation within 10 days of the exclusion to the County Administrator. The request must contain a current mailing address, telephone number, and any other pertinent contact information. Upon receiving a request for reconsideration, the County Administrator shall review the exclusion for consistency with County policy. Review shall be completed within 10 days after the request is delivered and the excluded person shall be informed of the determination in writing. The exclusion order remains in effect unless changed or rescinded upon reconsideration.

J. The decision by the County Administrator after reconsideration shall be the County is final decision on an exclusion.

[Added by Ord. 03-2022, 7/21/22]