Chapter 221 — Chapter 221

ORS 221.005 Legislative findings; policy. The Legislative Assembly finds that the provisions of ORS 199.476, 221.031, 221.040, 221.061, 221.106, 221.735 and this section are necessary to provide for the orderly incorporation of territory adjoining existing cities. However, the Legislative Assembly does not intend that the incorporation of such territory affect the authority of special districts to enter into agreements with cities newly incorporated under ORS 199.476, 221.031, 221.040, 221.061, 221.106, 221.735 and this section for the performance of functions, services and activities by the district within the boundaries of the city. [1981 c.890 §1]

0.2K chars

ORS 221.010 Definitions for ORS 221.020 to 221.100. As used in ORS 221.020 to 221.100, unless the context requires otherwise

0.5K chars

ORS 221.020 Authority to incorporate. The people of an area, no part of which lies in an incorporated city and in which 150 persons reside, may incorporate a city by approving at an election called and held according to ORS 221.031 to 221.061 a proposition provided by those sections for incorporating the city

0.0K chars

ORS 221.030 [Amended by 1965 c.579 §2; 1973 c.432 §2; repealed by 1981 c.890 §2 (221.031 enacted in lieu of 221.030)]

0.0K chars

ORS 221.031 Petition to incorporate; filing; form; contents; approval by boundary commission. (1) Before circulating a petition to incorporate unincorporated territory as a city, the petitioners shall file a petition for incorporation in a form prescribed by rule of the Secretary of State with

3.5K chars

ORS 221.032 Annexation during pendency of incorporation. After a person files a petition for incorporation under ORS 221.031, a city or district may not commence annexation proceedings for any part of the area that is included in the boundaries of the area proposed to be incorporated until after a county court removes that part of the area from within the boundaries of the proposed city or the later of the following

0.2K chars

ORS 221.034 Incorporation of rural unincorporated community and contiguous lands. (1) As used in this section

4.5K chars

ORS 221.035 Economic feasibility statement; contents. (1) If a person intends to file a petition for incorporation under ORS 221.031 (1), the person may file a notice of intent to prepare an economic feasibility statement with the county clerk of the county in which the proposed city lies or, should it lie in more than one county, with the county clerk of the county in which the largest part of its territory lies

0.9K chars

ORS 221.036 Inclusion of area within urban growth boundary in incorporation of rural unincorporated community. For an area that includes a rural unincorporated community, as defined in ORS 221.034, if a notice of intent to prepare an economic feasibility statement is filed under ORS 221.035 (1) or a petition for incorporation is filed under ORS 221.031 (1) before all or a part of the rural unincorporated community is included in the acknowledged urban growth boundary of a metropolitan service district organized under ORS chapter 268, the incorporation may continue under the statutory requirements that apply to the incorporation of a rural unincorporated community under ORS 221.034. However, the area proposed to be incorporated may include any lands that are included in the acknowledged urban growth boundary. [2001 c.557 §5]

0.0K chars

ORS 221.040 Hearing on petition to incorporate; order fixing date of election on approved petition. (1) When a petition for incorporation described in ORS 221.031 is signed by 20 percent or, in a county with a population over 300,000, by 10 percent, of the electors registered in the area proposed to be incorporated, the petition shall be filed with the county court of the county in which the proposed petition was filed under ORS 221.031. A petition shall not be accepted for filing unless all the signatures on the petition were obtained within the six-month period immediately following the date on which the petitions were filed under ORS 221.031. Upon the filing of the petition, the county court shall fix the time and place for the hearing of such petition and shall give notice thereof by publication once each week for two successive weeks in a newspaper published in the county where the petition is filed and of general circulation within the boundaries, and by posting the notice for the same period of time in three public places in the area proposed to be incorporated. The notice shall state the time and place of the hearing, describe the boundaries set forth in the petition and state the purpose of the petition. If any portion of the proposed incorporation of a city lies within another county or counties, then the notice shall be published in a newspaper of general circulation in each of the counties and in the same time and manner

3.1K chars

ORS 221.050 Incorporation election; election of first city council; proclamation of results. (1) The county court shall submit the proposition for incorporation determined as provided in ORS 221.040 to the electors registered in the area proposed to be incorporated. At the same election, five city council members for the proposed city shall be elected

2.4K chars

ORS 221.060 [Repealed by 1981 c.890 §8 (221.061 enacted in lieu of 221.060)]

0.0K chars

ORS 221.061 Election expenses. (1) When a majority of votes cast in an election held under this chapter for incorporation of a city favors incorporation, all expenses of the election and the preparation of the metes and bounds or legal description for the incorporation petition under ORS 221.040 (3)(a) shall be paid from the general fund of the newly incorporated city in the same manner that other claims against the city are paid

0.4K chars

ORS 221.070 [Amended by 1979 c.316 §10; repealed by 1983 c.350 §331a]

0.0K chars

ORS 221.080 [Repealed by 1983 c.350 §331a]

0.0K chars

ORS 221.090 Terms of office of first city council. (1) Members of the first city council shall serve the following terms

0.5K chars

ORS 221.100 Validation of incorporation under prior laws. Only those cities which, prior to March 28, 1941, commenced incorporation according to the procedure provided in sections 1 to 9, chapter 345, General Laws of Oregon 1913, and actually completed incorporation according to sections 1 to 7, chapter 453, Laws of Oregon 1941, are regarded as legally incorporated cities under and subject to the provisions of ORS 221.010 to 221.090, 221.110 to 221.140 and 221.410, provided a majority of those voting on the proposition to incorporate were in favor of incorporation. [Amended by 1983 c.350 §20]

0.0K chars

ORS 221.102 [1973 c.64 §1; repealed by 1975 c.326 §5]

0.0K chars

ORS 221.104 [1973 c.64 §2; repealed by 1975 c.326 §5]

0.0K chars

ORS 221.106 Prohibitions related to signing of incorporation petition; violation. (1) No person may sign a petition described in ORS 221.031 with a name not the person’s own, or knowingly sign the person’s name more than once to any such petition or sign any such petition when the person is not an elector

0.2K chars

ORS 221.110 City officers; eligibility. The officers of a city created under ORS 221.010 to 221.100 shall be five councillors, a municipal judge and such other officers as the council deems necessary. Any resident of a city shall be eligible to hold an office of the city. [Amended by 2003 c.14 §101]

0.0K chars

ORS 221.120 City council; terms; vacancies; powers; meetings. Concerning the council of a city created under ORS 221.010 to 221.100

1.1K chars

ORS 221.130 Mayor; term; functions. Concerning the mayor of a city created under ORS 221.010 to 221.100

0.4K chars

ORS 221.140 Appointment of municipal judge and other city officers; removal; compensation. The council of a city created under ORS 221.010 to 221.100 shall appoint a municipal judge and such other officers as it deems necessary for the proper government of the city, who shall be removable at the discretion of the council, receive such compensation as the council approves, and have such powers and duties as the council prescribes

0.0K chars

ORS 221.142 Qualifications for municipal judges; extensions. (1) As a qualification for the office, a municipal judge must

1.5K chars

ORS 221.145 Basing compensation of city officers upon fines prohibited. The amount of compensation for city police officers, municipal judges or other city officers shall not be based upon the amount of revenues collected from fines or any set percentage thereof. [1981 c.402 §1; 1999 c.1051 §261]

0.2K chars

ORS 221.150 [Repealed by 1983 c.350 §331a]

0.0K chars

ORS 221.160 Special elections to fill council vacancies; appointment of council members when all positions vacant. (1) Whenever because of death, resignation or other cause the number of the members of the governing body of any city is insufficient to constitute a quorum for the transaction of the business thereof, and the charter of such city does not otherwise provide, the mayor, or if there is no mayor, a majority of the remaining members of the governing body, may call a special election for the purpose of electing a sufficient number of persons to fill all the vacancies then existing in the governing body. For the purposes of such election the mayor, or if there is no mayor, a majority of the remaining members of the governing body, may appoint persons to act for all offices necessary to the holding of such election where such offices may be vacant. The appointments shall continue until a successor is selected as provided for by the charter or law governing such city

0.6K chars

ORS 221.170 [Amended by 1957 c.608 §225; 1979 c.317 §2; repealed by 1983 c.350 §331a]

0.0K chars

ORS 221.180 Procedure for nomination of candidates for city offices. (1) This section and ORS chapters 249 and 254 govern the manner of nominating and electing candidates for municipal offices in all cities

0.7K chars

ORS 221.190 [Amended by 1957 c.608 §227; repealed by 1983 c.350 §331a]

0.0K chars

ORS 221.200 Law governing city elections. ORS chapters 246 to 260 govern the conduct of all city elections. [Amended by 1957 c.608 §228; 1979 c.317 §3; 1983 c.350 §23]

0.0K chars

ORS 221.210 Referendum and initiative for municipal measures and charter amendments; adoption, amendment, revision, repeal or surrender of city charter by simple majority. (1) The city council may refer and the people may initiate municipal measures or amendments to the charter of the city as provided in ORS 250.265 to 250.346, unless ORS 250.255 makes ORS 250.265 to 250.346 inapplicable to the city

0.6K chars

ORS 221.230 Election dates; emergency elections. (1) Except as provided in subsection (3) of this section, no election on a city measure referred by the city governing body or for a city office shall be held on any date other than

1.9K chars

ORS 221.240 Disclosure to city auditor of legally protected material. (1) As used in this section, “legally protected material” means

0.9K chars

ORS 221.275 Definitions for ORS 221.275 to 221.290. As used in ORS 221.275 to 221.290

0.3K chars

ORS 221.277 Violation of city parking ordinance; affirmative defense. (1) It is an offense to be the registered owner of a motor vehicle parked in violation of a city ordinance

0.2K chars

ORS 221.280 [1995 c.533 §4; repealed by 1997 c.522 §2]

0.0K chars

ORS 221.283 [1995 c.533 §5; repealed by 1997 c.522 §2]

0.0K chars

ORS 221.285 Notice of delinquent parking violation to rental or leasing company; effect when notice not given; effect of prompt payment of amount specified in citation; procedure to substitute renter or lessee as defendant. (1) A notice of delinquent parking violation containing the information specified in ORS 221.333 shall be sent to each car rental or leasing company that is the registered owner of a motor vehicle cited for being parked in violation of a city ordinance within 30 days after the date on which the citation for violation of the parking ordinance was issued

2.3K chars

ORS 221.287 Recovery of fine from renter or lessee of vehicle. (1) A car rental or leasing company is authorized to recover a fine paid to a city in response to a citation for violation of a parking ordinance from the customer who had possession of the motor vehicle at the time the citation was issued

0.5K chars

ORS 221.290 Application of ORS 221.275 to 221.290. ORS 221.275 to 221.290 apply to any city with a population exceeding 300,000. [1995 c.533 §9]

0.0K chars

ORS 221.295 Ordinances regulating placement or height of radio antennas. Notwithstanding ORS chapters 215 and 227, a city or county ordinance based on health, safety or aesthetic considerations that regulates the placement, screening or height of the antennas or antenna support structures of amateur radio operators must reasonably accommodate amateur radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the city or county. However, a city or county may not restrict antennas or antenna support structures of amateur radio operators to heights of 70 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety or aesthetic objective of the city or county. [1999 c.507 §1]

0.2K chars

ORS 221.310 Effective date of ordinances, resolutions and franchises; emergency measures. (1) In cities having a population of 2,000 or more, an ordinance or a franchise shall not take effect until 30 days after its passage by the city council and approval by the mayor, unless it is passed over the veto of the mayor. In that event, it shall not take effect until 30 days after final passage over the mayor’s veto. However, measures necessary for the immediate preservation of the peace, health and safety of the city are excepted. These emergency measures shall become immediately effective if they state in a separate section the reasons why it is necessary that they should become immediately effective and if they are approved by the affirmative vote of three-fourths of all the members elected to the city council, taken by ayes and noes, and also by the mayor. This subsection shall apply in every city in all matters concerning the operation of the initiative and referendum in its municipal legislation on which the city has not made or does not make conflicting provisions

0.5K chars

ORS 221.315 Enforcement of charter provisions and ordinances; disposition of fines. (1) Prosecution of violations of the charter or ordinances of a city in circuit or justice court shall be by the city attorney and in the name of such city. An agreement may be made between any city and, on behalf of the state, the presiding judge for the judicial district in which all or part of such city is located, that such violations be prosecuted for such city in the circuit court by the district attorney in the name of the State of Oregon. An agreement may be made, pursuant to ORS 190.010, between any city and the county in which all or part of such city is located, that such violations be prosecuted for such city in the justice court by the district attorney in the name of the State of Oregon

1.5K chars

ORS 221.320 [Repealed by 1967 c.195 §1]

0.0K chars

ORS 221.330 Publication or posting of ordinances; exceptions. Ordinances passed by cities must be posted or published in a newspaper if required by their respective charters; provided, that ordinances establishing rules and regulations for the construction of buildings, the installation of plumbing, electric wiring or other similar work, where such rules and regulations have been printed as a code in book form, may adopt such code or portions thereof by reference thereto without further publication or posting thereof. Not less than three copies of such code shall be filed, for use and examination by the public, in the office of the city recorder of the city, prior to the adoption thereof. Cities may adopt as ordinances any statute of the State of Oregon, the subject matter of which is within the scope of the charter authority by reference to the chapter or section, without further publication or posting thereof

0.0K chars

ORS 221.333 Parking ordinance violation; mode of charging defendant; notice as complaint; requirement to pay fine or bail for access to court prohibited. (1) In all prosecutions for violation of motor vehicle parking ordinances in cities, it shall be sufficient to charge the defendant by an unsworn written notice if the notice clearly states

1.1K chars

ORS 221.335 [1989 c.679 §4; 1999 c.1051 §265; renumbered 221.355 in 1999]

0.0K chars

ORS 221.336 Establishment of municipal court. Any city of this state may establish a municipal court by charter or by ordinance. [1999 c.788 §46]

0.0K chars