Chapter 203 — Chapter 203
89 sections in this chapter.
ORS 203.010 General powers of county as body politic and corporate. Each county is a body politic and corporate for the following purposes
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(1) To sue and be sued; (2) To purchase and hold for the use of the county lands lying within its own limits and any personal estate; (3) To make all necessary contracts; and (4) To do all other necessary acts in relation to the property and concerns of the county.
ORS 203.015 Power of county to contract for purchase or lease of real or personal property. (1) A county may enter into a contract for the purchase or for the lease with option to purchase of real or personal property when
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(a) The period of time allowed for payment under the contract does not exceed 30 years; and (b) The county is not obligated to make payments under the contract in any fiscal year unless the county governing body includes such payments in the county’s budget for that fiscal year a…
ORS 203.020 [Repealed by 1979 c.492 §1]
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[Repealed or reserved.]
ORS 203.030 Definition for ORS 203.030 to 203.075. As used in ORS 203.030 to 203.075, “governing body” means the representative body vested with legislative power by statute or charter. [1973 c.282 §1]
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[Repealed or reserved.]
ORS 203.035 Power of county governing body or electors over matters of county concern. (1) Subject to subsection (3) of this section, the governing body or the electors of a county may by ordinance exercise authority within the county over matters of county concern, to the fullest extent allowed by Constitutions and laws of the United States and of this state, as fully as if each particular power comprised in that general authority were specifically listed in ORS 203.030 to 203.075
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(2) The power granted by this section is in addition to other grants of power to counties, shall not be construed to limit or qualify any such grant and shall be liberally construed, to the end that counties have all powers over matters of county concern that it is possible for t…
ORS 203.040 Inapplicability of ordinances inside incorporated city. Except by consent of the governing body or the electors of a city and except in cities not regularly operating as such through elected governmental officials, ordinances adopted under ORS 203.030 to 203.075 in exercise of the police power shall not apply inside an incorporated city. [1973 c.282 §4; 1977 c.766 §14]
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[Repealed or reserved.]
ORS 203.045 Procedure for adopting ordinance; inapplicability to county prescribing procedure by charter or other statutes. (1) This section does not apply to a county that prescribes by charter the manner of adopting ordinances for the county or to an ordinance authorized by a statute other than ORS 203.035
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(2) The ordaining clause of an ordinance adopted under ORS 203.035 shall read: (a) In case of adoption by the county governing body only, “The (name of the governing body) ordains as follows:”. (b) In case of adoption or ratification by the electors of the county, “The People of …
ORS 203.050 [1973 c.282 §5; 1975 c.736 §2; repealed by 1979 c.190 §431]
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[Repealed or reserved.]
ORS 203.055 Elector approval of taxation related ordinance. Any ordinance, adopted by a county governing body under ORS 203.035 and imposing, or providing an exemption from, taxation shall receive the approval of the electors of the county before taking effect. [1973 c.282 §6; 1975 c.736 §3; 2013 c.753 §§11,12]
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[Repealed or reserved.]
ORS 203.060 Judicial review and invalidation of ordinances. Ordinances adopted under ORS 203.030 to 203.075 shall be subject to judicial review and invalidation on account of unreasonableness, procedural error in adoption, or conflict with paramount state law or constitutional provision. [1973 c.282 §7]
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[Repealed or reserved.]
ORS 203.065 Violation of county ordinances; remedies; enforcement; status of nuisance declared by ordinance; disposition of fines. (1) Subject to ORS 153.025, violation of an ordinance adopted by a county governing body under ORS 203.030 to 203.075 is a Class A violation. By ordinance, a county governing body may establish a specific fine violation as described in ORS 153.015 that provides for a higher fine than established under ORS 153.018 for Class A violations
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(2) The violator of a county ordinance may be prosecuted by the county in the name of the county, or be made the defendant in a civil proceeding by the county seeking redress of the violation. (3) Every act or thing done, or anything existing within the limits of a county, which …
ORS 203.075 Applicable law for local improvement assessments. When a county governing body orders the construction of a local improvement and levies an assessment for all or part of the cost of the improvement against property benefited by the improvement, if there is a conflict between ORS 223.205 to 223.295, 223.387 to 223.399, 223.405 to 223.485 and 223.770 and a county charter, county ordinance or another statute, the charter, ordinance or other statute shall prevail. [1987 c.615 §2; 1991 c.902 §109; 1995 c.333 §14; 2017 c.17 §18]
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[Repealed or reserved.]
ORS 203.077 [1995 c.121 §1; renumbered 195.500 in 2021]
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[Repealed or reserved.]
ORS 203.079 [1995 c.121 §2; 1999 c.761 §1; 2021 c.371 §1; renumbered 195.505 in 2021]
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[Repealed or reserved.]
ORS 203.081 [1995 c.121 §3; renumbered 195.510 in 2021]
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[Repealed or reserved.]
ORS 203.082 [1999 c.319 §1; 2021 c.18 §6; renumbered 195.520 in 2021]
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[Repealed or reserved.]
ORS 203.085 County election dates; emergency elections. (1) Except as provided in subsection (3) of this section, no election on a county measure referred by the county governing body or for a county office shall be held on any date other than
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(a) The second Tuesday in March; (b) The third Tuesday in May; (c) The fourth Tuesday in August; or (d) The first Tuesday after the first Monday in November. (2) Except as provided in subsection (3) of this section, no election on a county measure other than a county measure refe…
ORS 203.090 [1995 c.510 §1; 2003 c.546 §13; 2005 c.447 §13; renumbered 181A.895 in 2015]
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[Repealed or reserved.]
ORS 203.095 [2009 c.789 §1; 2012 c.76 §1; repealed by 2012 c.76 §5 and 2013 c.485 §1]
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[Repealed or reserved.]
ORS 203.100 [2009 c.789 §2; 2012 c.76 §2; repealed by 2012 c.76 §5 and 2013 c.485 §1]
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[Repealed or reserved.]
ORS 203.105 Program in Governor’s office to assist counties in fiscal distress. (1) For purposes of providing assistance to counties in fiscal distress, there is created in the Governor’s office a service delivery technical assistance program
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(2) The service delivery technical assistance program shall: (a) Award, to public bodies as defined in ORS 174.109, and administer grants for service delivery innovation. (b) Enter into agreements with public and private entities to provide technical assistance to public bodies. …
ORS 203.110 [Amended by 1971 c.88 §6; repealed by 1981 c.140 §2 (203.111 enacted in lieu of 203.110)]
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COUNTY GOVERNING BODIES
ORS 203.111 County governing body; legislative authority; quorum. Unless otherwise provided by county charter, a county court shall be the governing body and shall exercise general legislative authority over all matters of county concern and shall consist of the county judge and two county commissioners and a majority of those persons shall constitute a quorum. [1981 c.140 §3 (enacted in lieu of 203.110)]
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[Repealed or reserved.]
ORS 203.113 [1981 c.529 §2; 1983 c.827 §46; repealed by 1987 c.793 §2]
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[Repealed or reserved.]
ORS 203.115 County power to change fees. A county governing body shall not change the amount of a fee it has set pursuant to statute within six months after setting that fee. [1979 c.833 §1; 2009 c.477 §3]
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[Repealed or reserved.]
ORS 203.120 [Amended by 1959 c.532 §1; 1963 c.31 §1; 1973 c.494 §1; 1981 c.153 §55; repealed by 1981 c.140 §5]
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[Repealed or reserved.]
ORS 203.121 [1965 c.419 §2; 1969 c.516 §1; renumbered 203.145]
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[Repealed or reserved.]
ORS 203.122 [1959 c.139 §1; 1965 c.432 §1; repealed by 1981 c.41 §3]
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[Repealed or reserved.]
ORS 203.123 [1969 c.511 §3; 1971 c.743 §345; repealed by 1981 c.41 §3]
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[Repealed or reserved.]
ORS 203.124 [1959 c.649 §§1,2,3; repealed by 1981 c.41 §3]
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[Repealed or reserved.]
ORS 203.125 [Repealed by 1981 c.41 §3]
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[Repealed or reserved.]
ORS 203.127 [1973 c.487 §§1,2,3,4; 1975 c.239 §4; repealed by 1981 c.41 §3]
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[Repealed or reserved.]
ORS 203.130 [Amended by 1955 c.273 §1; repealed by 1981 c.41 §3]
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[Repealed or reserved.]
ORS 203.132 Inclusion of property outside county or in city in county assessment for local improvement. (1) The governing body of a county may include property located outside the county or within a city as part of the property to be improved or to be assessed for a public improvement, subject to the following conditions
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(a) The type of improvement is one which the county has authority to finance by assessments against the property that is within the county and outside any city. (b) The governing body of the other county or the city, by resolution, approves the improvement if any portion of it is…
ORS 203.135 Eminent domain power of county. In addition to any other powers granted to a county under state law or county charter, a county governing body may exercise the power of eminent domain under ORS chapter 35 to acquire any right or interest in real property for
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(1) Public road, trail or other public easement purposes. (2) Public park or recreation area purposes. (3) Public building or public institution purposes. (4) Purposes of development or protection of property acquired for a purpose otherwise described in this section including ac…
ORS 203.140 [Amended by 1963 c.9 §3; repealed by 1981 c.41 §3]
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[Repealed or reserved.]
ORS 203.145 Appointment of legal counsel for county governing body; authority of counsel; compensation. (1) As used in this section, “board” means board of county commissioners, county court or county governing body of a county, as the case may be
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(2) Unless otherwise provided by county charter or legislation enacted pursuant thereto, the board of each county may appoint a person or persons licensed to practice law in the State of Oregon as counsel to advise the board and other county officers, to render services in connec…
ORS 203.148 Public Land Corner Preservation Fund; fees for recording. (1) The county governing body may establish by ordinance a fund to be known as the Public Land Corner Preservation Fund. Moneys in the Public Land Corner Preservation Fund shall be used only to pay expenses incurred and authorized by the county surveyor in the establishment, reestablishment and maintenance of corners of government surveys under ORS 209.070 (5) and (6)
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(2) After providing public notice of its intended action and holding a public hearing at which the residents of the county may appear and be heard on the issue of establishing or changing the fee, the county governing body may establish by resolution or order a fee for recording …
ORS 203.150 [Repealed by 1981 c.41 §3]
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[Repealed or reserved.]
ORS 203.160 [Repealed by 1981 c.41 §3]
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[Repealed or reserved.]
ORS 203.170 [Amended by 1953 c.477 §7; 1957 c.49 §1; repealed by 1981 c.41 §3]
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[Repealed or reserved.]
ORS 203.180 [Repealed by 1953 c.306 §18]
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[Repealed or reserved.]
ORS 203.190 [Repealed by 1981 c.41 §3]
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[Repealed or reserved.]
ORS 203.200 [Repealed by 1979 c.772 §17]
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[Repealed or reserved.]
ORS 203.210 [Amended by 1953 c.306 §17; repealed by 1971 c.88 §8]
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[Repealed or reserved.]
ORS 203.219 [1953 c.477 §1; repealed by 1971 c.88 §8]
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[Repealed or reserved.]
ORS 203.220 [1953 c.477 §3; repealed by 1971 c.88 §8]
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[Repealed or reserved.]
ORS 203.223 [1959 c.174 §1; repealed by 1971 c.88 §8]
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[Repealed or reserved.]
ORS 203.224 [1959 c.174 §4; repealed by 1981 c.41 §3]
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[Repealed or reserved.]
ORS 203.226 [1963 c.386 §1; repealed by 1971 c.88 §8]
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[Repealed or reserved.]