reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.740 - Large tract forestland dwelling; criteria; rules.

(1) If a dwelling is not allowed under ORS 215.720 (1), a dwelling may be allowed on land zoned for forest use under a goal protecting forestland if it complies with other provisions of law and is sited on a tract:
(a) In eastern Oregon of at least 240 contiguous acres except as provided in subsection (3) of this section; or
(b) In western Oregon of at least 160 contiguous acres except as provided in subsection (3) of this section.
(2) For purposes of subsection (1) of this section, a tract shall not be considered to consist of less than 240 acres or 160 acres because it is crossed by a public road or a waterway.
(3)(a) An owner of tracts that are not contiguous but are in the same county or adjacent counties and zoned for forest use may add together the acreage of two or more tracts to total 320 acres or more in eastern Oregon or 200 acres or more in western Oregon to qualify for a dwelling under subsection (1) of this section.
(b) If an owner totals 320 or 200 acres, as appropriate, under paragraph (a) of this subsection, the owner shall submit proof of nonrevocable deed restrictions recorded in the deed records for the tracts in the 320 or 200 acres, as appropriate. The deed restrictions shall preclude all future rights to construct a dwelling on the tracts or to use the tracts to total acreage for future siting of dwellings for present and any future owners unless the tract is no longer subject to protection under goals for agricultural lands or forestlands.
(c) The Land Conservation and Development Commission shall adopt rules that prescribe the language of the deed restriction, the procedures for recording, the procedures under which counties shall keep records of lots or parcels used to create the total, the mechanisms for providing notice to subsequent purchasers of the limitations under paragraph (b) of this subsection and other rules to implement this section. [1993 c.792 §4(2),(3),(5)]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.755 - Other forestland dwellings; criteria.

Subject to the approval of the governing body or its designee, the following dwellings may be established in any area zoned for forest use under a land use planning goal protecting forestland, provided that the requirements of the acknowledged comprehensive plan, land use regulations and other applicable provisions of law are met:
(1) Alteration, restoration or replacement of a lawfully established dwelling, as described in ORS 215.291.
(2) One manufactured dwelling or recreational vehicle, or the temporary use of an existing building, in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident. Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use. The governing body or its designee shall provide for periodic review of the hardship claimed under this subsection. A temporary dwelling established under this section shall not qualify for replacement under the provisions of subsection (1) of this section.
(3) Caretaker residences for public parks and public fish hatcheries. [1997 c.318 §6; 1999 c.640 §4; 2023 c.301 §1]
Note:
215.755 was added to and made a part of ORS chapter 215 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.757 - Accessory dwellings supporting family forestry; conditions.

(1) As used in this section, "owner or a relative" means the owner of the lot or parcel, or a relative of the owner or the owner’s spouse, including a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew or first cousin of either.
(2) A county may approve a new single-family dwelling unit on a lot or parcel zoned for forest use provided:
(a) The new single-family dwelling unit will be on a lot or parcel no smaller than the minimum size allowed under ORS 215.780;
(b) The new single-family dwelling unit will be on a lot or parcel that contains exactly one existing single-family dwelling unit that was lawfully:
(A) In existence before November 4, 1993; or
(B) Approved under ORS 215.130 (6), 215.705, 215.720, 215.740, 215.750 or 215.755;
(c) The shortest distance between the new single-family dwelling unit and the existing single-family dwelling unit is no greater than 200 feet;
(d) The lot or parcel is within a rural fire protection district organized under ORS chapter 478;
(e) The new single-family dwelling unit complies with the Oregon residential specialty code relating to wildfire hazard mitigation;
(f) As a condition of approval of the new single-family dwelling unit, in addition to the requirements of ORS 215.293, the property owner agrees to acknowledge and record in the deed records for the county in which the lot or parcel is located, one or more instruments containing irrevocable deed restrictions that:
(A) Prohibit the owner and the owner’s successors from partitioning the property to separate the new single-family dwelling unit from the lot or parcel containing the existing single-family dwelling unit; and
(B) Require that the owner and the owner’s successors manage the lot or parcel as a working forest under a written forest management plan, as defined in ORS 526.455, that is attached to the instrument;
(g) The existing single-family dwelling unit is occupied by the owner or a relative;
(h) The new single-family dwelling unit will be occupied by the owner or a relative; and
(i) The owner or a relative occupies the new single-family dwelling unit to allow the relative to assist in the harvesting, processing or replanting of forest products or in the management, operation, planning, acquisition or supervision of forest lots or parcels of the owner.
(3) If a new single-family dwelling unit is constructed under this section, a county may not allow the new or existing dwelling unit to be used for vacation occupancy as defined in ORS 90.100. [2019 c.271 §2]
Note:
215.757 was added to and made a part of ORS chapter 215 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.760 - Agricultural buildings on land zoned for forest use or mixed farm and forest use.

(1) An agricultural building, as defined in ORS 455.315, customarily provided in conjunction with farm use or forest use is an authorized use on land zoned for forest use or for mixed farm and forest use.
(2) A person may not convert an agricultural building authorized by this section to another use. [2013 c.73 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.783 - Land division to preserve open space or park; qualification for special assessment.

(1) The governing body of a county or its designee may approve a proposed division by partition of land in a forest zone or a mixed farm and forest zone to create one new parcel if the proposed division of land is for the purpose of allowing a provider of public parks or open space, or a not-for-profit land conservation organization, to purchase one of the resulting parcels as provided in this section.
(2) A parcel created by the land division that is not sold to a provider of public parks or open space or to a not-for-profit land conservation organization must comply with the following:
(a) If the parcel contains a dwelling or another use allowed under ORS chapter 215, the parcel must be large enough to support continued residential use or other allowed use of the parcel; or
(b) If the parcel does not contain a dwelling, the parcel is eligible for siting a dwelling as may be authorized under ORS 195.120 or as may be authorized under ORS 215.705 to 215.750, based on the size and configuration of the parcel.
(3) Before approving a proposed division of land under this section, the governing body of a county or its designee shall require as a condition of approval that the provider of public parks or open space, or the not-for-profit land conservation organization, present for recording in the deed records for the county in which the parcel retained by the provider or organization is located an irrevocable deed restriction prohibiting the provider or organization and their successors in interest from:
(a) Establishing a dwelling on the parcel or developing the parcel for any use not authorized in a forest zone or mixed farm and forest zone except park or conservation uses; and
(b) Pursuing a cause of action or claim of relief alleging an injury from farming or forest practices for which a claim or action is not allowed under ORS 30.936 or 30.937.
(4) If a proposed division of land under this section results in the disqualification of a parcel for a special assessment described in ORS 308A.718 or the withdrawal of a parcel from designation as riparian habitat under ORS 308A.365, the owner must pay additional taxes as provided under ORS 308A.371 or 308A.700 to 308A.733 before the county may approve the division. [2007 c.143 §2; 2015 c.104 §7]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.785 - Exception to minimum lot or parcel sizes.

(1) As used in this section, notwithstanding ORS 215.010, "parcel" has the meaning given that term in ORS 92.010.
(2) Notwithstanding the minimum lot or parcel size established under ORS 215.780 (1), when a portion of a lawfully established unit of land has been included within an urban growth boundary and redesignated for urban uses under the applicable acknowledged comprehensive plan and the portion of the lawfully established unit of land that remains outside the urban growth boundary and zoned for forest uses or mixed farm and forest uses is smaller than the minimum size established under ORS 215.780 (1), the governing body of a county, or its designee, may approve a proposed division by partition of the land, including the land that remains in a forest zone or a mixed farm and forest zone.
(3) The parcel created in the forest zone or mixed farm and forest zone must be partitioned along the urban growth boundary and:
(a) If the parcel contains a dwelling, the parcel must be large enough to support continued residential use.
(b) If the parcel does not contain a dwelling, the parcel:
(A) Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120;
(B) May not be considered in approving or denying an application for siting any other dwelling; and
(C) May not be considered in approving a redesignation or rezoning of forestlands under the acknowledged comprehensive plan and land use regulations, except for a redesignation or rezoning to allow a public park, open space or other natural resource use.
(4) In approving a land division under this section, the governing body of the county or its designee shall require as a condition of approval that the owner of a parcel not containing a dwelling sign and record in the deed records for the county in which the parcel is located an irrevocable deed restriction prohibiting the owner and the owner’s successors in interest from pursuing a cause of action or claim of relief alleging an injury from farming or forest practices for which a claim or action is not allowed under ORS 30.936 or 30.937. [2015 c.104 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.788 - Legislative review of lands zoned for farm and forest use; criteria.

(1) For the purposes of correcting mapping errors made in the acknowledgment process and updating the designation of farmlands and forestlands for land use planning, a county may conduct a legislative review of lands in the county to determine whether the lands planned and zoned for farm use, forest use or mixed farm and forest use are consistent with the definitions of "agricultural lands" or "forest lands" in goals relating to agricultural lands or forestlands.
(2) A county may undertake the reacknowledgment process authorized by this section only if the Department of Land Conservation and Development approves a work plan, from the county, describing the expected scope of reacknowledgment. The department may condition approval of a work plan for reacknowledgment under this section to reflect the resources needed to complete the review required by ORS 197.659 and 215.794. The work plan of the county and the approval of the department are not final orders for purposes of review.
(3) A county that undertakes the reacknowledgment process authorized by this section shall provide an opportunity for all lands planned for farm use, forest use or mixed farm and forest use and all lands subject to an exception under ORS 197.732 to a goal relating to agricultural lands or forestlands to be included in the review.
(4) A county must plan and zone land reviewed under this section:
(a) For farm use if the land meets the definition of "agricultural land" in a goal relating to agricultural lands;
(b) For forest use if the land meets the definition of "forest land" used for comprehensive plan amendments in the goal relating to forestlands;
(c) For mixed farm and forest use if the land meets both definitions;
(d) For nonresource use, consistent with ORS 215.794, if the land does not meet either definition; or
(e) For a use other than farm use or forest use as provided in a goal relating to land use planning process and policy framework and subject to an exception to the appropriate goals under ORS 197.732 (2).
(5) A county may consider the current land use pattern on adjacent and nearby lands in determining whether land meets the appropriate definition. [2009 c.873 §5]
Note:
215.788 to 215.794 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.791 - Review of nonresource lands for ecological significance; inventory and protection of ecologically significant nonresource lands; criteria.

(1) If a county amends its comprehensive plan or a land use regulation mapping zoning designations under ORS 215.788 to 215.794, the county shall review lands that are planned or rezoned as nonresource lands to determine whether the lands contain ecologically significant natural areas or resources. The county shall consider appropriate goals and the "Oregon Conservation Strategy" prepared in September of 2006 by the State Department of Fish and Wildlife.
(2) The county shall maintain an inventory in the comprehensive plan of nonresource lands that contain ecologically significant natural areas or resources and establish a program to protect the areas or resources from the adverse effects of new uses allowed by the planning or zoning changes. The county may use nonregulatory programs to protect the resources including, but not limited to, programs for the transfer of severable development interests to other lands that do not contain ecologically significant resources.
(3) If a county amends its comprehensive plan or a land use regulation mapping zoning designations under ORS 215.788 to 215.794, the county shall review lands that are planned or rezoned as nonresource lands to determine that the uses allowed by the planning or zoning changes are consistent with the carrying capacity of the lands. The county shall ensure that:
(a) The amount, type, location and pattern of development on lands redesignated as nonresource lands:
(A) Will be rural in character and will not significantly interfere with orderly and efficient development of urban areas in the vicinity;
(B) Will not significantly conflict with existing or reasonably foreseeable farm or forest uses or with accepted farm or forest practices; and
(C) Will not lead to significant adverse effects including, but not limited to, adverse effects on:
(i) Water quality or the availability or cost of water supply;
(ii) Energy use;
(iii) State or local transportation facilities;
(iv) Fish or wildlife habitat or other ecologically significant lands;
(v) The risk of wildland fire or the cost of fire suppression;
(vi) The cost of public facilities or services; or
(vii) The fiscal health of a local government.
(b) Additional residential development on nonresource lands is, to the extent practicable, located and clustered to:
(A) Minimize the effects on farm and forest uses;
(B) Avoid lands subject to natural hazards; and
(C) Reduce the costs of public facilities and services. [2009 c.873 §6]
Note:
See note under 215.788.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.794 - Review of county rezoning designations; rules.

(1) A county shall submit decisions on planning and rezoning designations under ORS 215.788 to 215.794 to the Department of Land Conservation and Development for review pursuant to the procedures set forth in this section and ORS 197.659.
(2) The department shall coordinate with:
(a) The State Department of Agriculture in reviewing decisions on planning and rezoning designations for lands planned for farm use or mixed farm and forest use.
(b) The State Forestry Department in reviewing decisions on planning and rezoning designations for lands planned for forest use or mixed farm and forest use.
(3) The Land Conservation and Development Commission has exclusive jurisdiction for review of a county’s decision made under ORS 215.788 to 215.794.
(4) A person who participated in the proceedings leading to the county’s decisions under ORS 215.788 to 215.794 may not raise an issue on review before the commission that was not raised in the local proceedings.
(5) The commission may adopt rules implementing ORS 215.788 to 215.794. [2009 c.873 §7]
Note:
See note under 215.788.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.799 - Location of dwellings on wildlife habitat land.

(1) New and existing dwellings may be allowed on a lot or parcel subject to wildlife habitat special assessment under ORS 308A.403 to 308A.430 as follows:
(a) Lawfully existing dwellings, pursuant to ORS 215.130 (5) to (11), may remain.
(b) For a lot or parcel without an existing dwelling, dwellings may be allowed if each dwelling for which the landowner seeks approval complies with all applicable requirements under the county’s acknowledged zoning ordinance.
(2) The fact that a lot or parcel is subject to wildlife habitat special assessment may not make it easier or more difficult for a landowner to obtain approval for a dwelling on the lot or parcel. [2003 c.539 §14; 2005 c.94 §1]
Note:
215.799 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.990

[Subsections (1) and (2) enacted as 1955 c.439 §11; subsection (5) enacted as 1969 c.324 §8; 1971 c.13 §4; repealed by 1977 c.766 §16]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 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]
Note:
221.005 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.010 - Definitions for ORS 221.020 to 221.100.

As used in ORS 221.020 to 221.100, unless the context requires otherwise:
(1) "County court" means a county court or board of county commissioners.
(2) "City," except in the term "incorporated city" in ORS 221.020, means a city incorporated under ORS 221.020 to 221.100 or proposed to be incorporated.
(3) "Population" means a city’s population as shown by the latest annual estimate made pursuant to ORS 190.520.
(4) "Urbanized area" means territory within three miles of a city. [Amended by 1965 c.579 §1; 1973 c.432 §1; 1983 c.83 §16]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 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.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 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:
(1) The county court rejects the petition; or
(2) The voters do not approve the question of incorporation at an election called by the county court. [2007 c.669 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 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.
(2) When a petition for incorporation is filed under ORS 221.031 (1), an economic feasibility statement concerning the proposed city described in the petition shall also be filed with the county clerk. The economic feasibility statement shall be prepared by the persons designated as the chief petitioners and shall form the basis for the proposed permanent rate limit for operating taxes required by ORS 221.031 (3). The economic feasibility statement shall contain:
(a) A description of the services and functions to be performed or provided by the proposed city;
(b) An analysis of the relationship between those services and functions and other existing or needed government services; and
(c) Proposed first and third year budgets for the new city demonstrating its economic feasibility. [1989 c.92 §28; 1997 c.541 §352; 2001 c.557 §3; 2007 c.669 §4]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 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]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 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) ORS chapters 246 to 260 govern the conduct of an election under this section, including the nomination and election of the first city council, except as follows:
(a) A nominating or primary election for the purpose of nominating candidates for the city council shall not be held.
(b) Notwithstanding ORS 249.037, a nominating petition or declaration of candidacy must be filed with the county clerk not sooner than the 100th day and not later than the 70th day before the date of the election.
(c) At the time of filing a declaration of candidacy, a candidate for the first city council shall pay to the officer with whom the declaration is filed a fee of $25.
(d) A nominating petition shall contain at least 25 signatures of electors in the area proposed to be incorporated or a number of signatures of electors equal to at least 10 percent of the number of electors in the area proposed to be incorporated as of the date the election is ordered under ORS 221.040, whichever is less.
(3) The proposed ballot title for an election under this section shall be in compliance with ORS 250.036.
(4) Not later than the 30th day after an election called under ORS 221.040 the county court calling the election shall proclaim whether the results of the election favor incorporation. The county court also shall proclaim which candidates for city council are elected, if the results of the election favor incorporation. The results of the election favor incorporation if a majority of the votes cast on the proposition favors incorporation and:
(a) At least 50 percent of registered electors eligible to vote in the election cast a ballot; or
(b) The election is held in May or November of any year.
(5) If the results of the election favor incorporation:
(a) The area described in the notice of election is incorporated as a city from the date of the election;
(b) The proposed rate limit for operating taxes submitted to and approved by the electors at the election shall be the permanent rate limit for operating taxes for the new city; and
(c) The five council members elected under subsection (2) of this section shall take office not later than the 10th day next following the proclamation on the proposition and council election. [Amended by 1953 c.593 §3; 1983 c.350 §18; 1987 c.707 §4; 1987 c.267 §66; 1989 c.92 §§31,31b; 1995 c.607 §64; 1997 c.541 §354; 2010 c.29 §12]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 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.
(2) When a majority of votes cast in an election held under this chapter for incorporation of a city opposes 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 county in the same manner that other claims against the county are paid. [1981 c.890 §9 (enacted in lieu of 221.060)]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.090 - Terms of office of first city council.

(1) Members of the first city council shall serve the following terms:
(a) The two members receiving the two highest number of votes shall hold office until the first Monday in January next following the second general election held after incorporation of the city; and
(b) The three members receiving the three next highest number of votes shall hold office until the first Monday in January next following the first general election held after the incorporation.
(2) The county clerk shall prepare and deliver a certificate of election to each candidate elected to the city council. [Amended by 1983 c.350 §19]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 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]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 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.
(2) Violation of subsection (1) of this section is a Class C felony. [1973 c.432 §3; 1981 c.890 §11; 1983 c.350 §21]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 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]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.120 - City council; terms; vacancies; powers; meetings.

Concerning the council of a city created under ORS 221.010 to 221.100:
(1) Three councillors shall be elected biennially.
(2) At an election for electing councillors, the candidates who receive the three highest numbers of votes shall be deemed elected, and of these three the ones receiving the two highest numbers of votes shall hold office for four years and the remaining one shall hold office for two years.
(3) A councillor’s term of office shall begin at the first council meeting in the year immediately ensuing the year of the election of the councillor.
(4) The council shall fill by appointment vacancies in its membership.
(5) The term of office of an appointee to an office of councillor shall be the remainder of the term of office of the immediate predecessor of the appointee in the office.
(6) The powers of the city shall be vested in the council.
(7) A majority of the members of the council shall constitute a quorum for action by the council.
(8) No action by the council shall have legal effect unless concurred in by a majority of the council.
(9) The council shall meet publicly at least once each month. [Amended by 2003 c.14 §102]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.130 - Mayor; term; functions.

Concerning the mayor of a city created under ORS 221.010 to 221.100:
(1) Only councillors shall be eligible to serve as mayor.
(2) The council shall appoint a mayor at its first meeting of each odd-numbered year.
(3) The mayor’s term of office shall be two years.
(4) The mayor shall be presiding officer of the council and shall authenticate with the signature of the mayor all ordinances which the council passes. [Amended by 2003 c.14 §103]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 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.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.142 - Qualifications for municipal judges; extensions.

(1) As a qualification for the office, a municipal judge must:
(a) Be a member of the Oregon State Bar;
(b) Have completed a course on courts of special jurisdiction offered by the National Judicial College, or complete the course within 12 months after appointment or election to the office of municipal judge; or
(c) Have completed, or complete within 12 months after appointment or election to the office of municipal judge, a course that is equivalent to the course described in paragraph (b) of this subsection, proposed by the municipal judge and approved by the Chief Justice of the Supreme Court.
(2) If exigent circumstances prevent a municipal judge from completing the course required under subsection (1)(b) of this section within 12 months after appointment or election to the office of municipal judge, the presiding judge of the judicial district in which the municipal court is located may grant the municipal judge one extension of time to complete the course. The extension may not exceed 12 months. The presiding judge may require the municipal judge to complete additional educational requirements during an extension granted under this subsection.
(3) Notwithstanding subsection (1) of this section, a municipal judge in a municipal court that is a court of record under ORS 221.342 must be a member of the Oregon State Bar.
(4) Any person serving temporarily as a municipal judge must possess the qualifications for the office of municipal judge described in this section. [2015 c.570 §8]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 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]
Note:
221.145 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 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.
(2) If all positions in the governing body of a city become vacant and if the charter of the city does not provide otherwise, the governing body of the county in which the city maintains its seat of government immediately shall appoint the number of persons sufficient to constitute a quorum for the transaction of city business. The persons appointed by the governing body of the county shall appoint a sufficient number of persons to fill any remaining vacancies existing in the governing body of the city. All persons appointed under this subsection shall serve until successors are elected and qualified to serve. [Amended by 1981 c.173 §7]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 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.
(2) Notwithstanding ORS 249.037, if a city does not hold a nominating election for municipal offices, a nominating petition or declaration of candidacy shall be filed not sooner than the 15th day after the date of the primary election and not later than the 70th day before the date of the general election. A candidate who is nominated under this subsection may withdraw candidacy under ORS 249.830.
(3) All nominating petitions and declarations of candidacy shall be filed with the city elections officer. If the city charter or ordinance provides a manner of filing for nomination, a candidate for any office of that city shall file in that manner. [Amended by 1957 c.608 §226; 1979 c.190 §408; 1983 c.350 §22; 1987 c.267 §67; 1995 c.712 §91]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 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]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.210 - Referendum and initiative for municipal measures and charter amendments.

The city council may refer and the people may initiate municipal measures or amendments to the charter of a 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. [Amended by 1955 c.18 §1; 1983 c.350 §24]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 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:
(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 city measure other than a city measure referred by the city governing body shall be held on any date other than:
(a) The third Tuesday in May; or
(b) The first Tuesday after the first Monday in November.
(3) An emergency election may be held on a date other than those provided in subsection (1) or (2) of this section if the city governing body by resolution finds that an emergency exists that will require an election sooner than the next available election date to avoid extraordinary hardship to the community. A determination under this subsection as to whether an emergency exists is within the sole discretion of the city governing body.
(4) A city governing body, with adequate notice, shall hold a public hearing, on a date other than a regularly scheduled council meeting, for the purpose of making findings substantiating the fact that an emergency exists before scheduling an election on a date other than those specified in subsection (1) or (2) of this section.
(5) Notice of a city’s intent to hold an emergency election shall be filed with the county elections authority no later than 47 days preceding the desired election date. At the time the notice of election is given to the county elections authority, the city shall also file with the elections authority a certified copy of the ballot title and a copy of the resolution and findings adopted by the city governing body to authorize the emergency election as required under subsection (4) of this section. [1979 c.316 §4; 1981 c.639 §5; 1985 c.808 §70; 1987 c.267 §68; 1989 c.923 §9; 1991 c.71 §3; 1993 c.713 §52; 1995 c.607 §65; 1995 c.712 §114; 2015 c.44 §2; 2021 c.551 §19]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.240 - Disclosure to city auditor of legally protected material.

(1) As used in this section, "legally protected material" means:
(a) Information and records of a city that are protected by attorney-client privilege held by the city; and
(b) Attorney work product prepared in the course of providing legal services to the city.
(2) The disclosure of legally protected material by a city, or any officer, employee or agent of the city, to the elected auditor of the city, or any employee or agent of the elected auditor who is employed for the purpose of auditing or investigating the city, does not waive the privilege with respect to any other person, to the extent the legally protected material is disclosed for the purpose of an audit or investigation. [2017 c.528 §1]
Note:
221.240 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.275 - Definitions for ORS 221.275 to 221.290.

As used in ORS 221.275 to 221.290:
(1) "Owner" or "owner of a vehicle" means the person listed as the owner of a vehicle in the records of the Department of Transportation.
(2) "Rental or leasing company" means any person engaged in the business of renting or leasing motor vehicles to the public. [1995 c.533 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 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.
(2) It is an affirmative defense to a prosecution of the registered owner of a motor vehicle under subsection (1) of this section that the use of the vehicle was not authorized by the owner, either expressly or by implication. [1995 c.533 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 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) If a notice of delinquent parking violation is not sent to a car rental or leasing company within 30 days after the date on which the citation for violation of the parking ordinance was issued, the charge against the car rental or leasing company of violating the parking ordinance shall be dismissed and no further enforcement actions against the car rental or leasing company or its vehicles may be taken.
(3) If the car rental or leasing company pays the amount specified on the citation within 30 days after the date on which the notice of delinquent parking violation was mailed to the car rental or leasing company, the fine required to be paid shall not be increased beyond the original amount specified in the citation.
(4)(a) If a court establishes a procedure for a car rental or leasing company to provide, in a manner and format determined by the court, information including the name, address and driver license number of the person in whose name the vehicle was rented or leased at the time of the violation of the parking ordinance, and the car rental or leasing company provides the information in the required manner and format within 30 days after the date on which the notice of delinquent parking violation was mailed to the car rental or leasing company, the renter or lessee who had custody and control of the vehicle when the parking violation occurred shall thereafter be the defendant in the prosecution of the parking violation.
(b) A car rental or leasing company that provides the information described in paragraph (a) of this subsection is discharged from any obligation on the parking violation and is no longer a defendant in the prosecution of the parking violation.
(c) A court may not establish a procedure pursuant to paragraph (a) of this subsection unless the court consults and cooperates with representatives from car rental or leasing companies.
(d) If a car rental or leasing company does not provide the information required by the court under paragraph (a) of this subsection within the time specified or provides the information in an incorrect manner or format, the car rental or leasing company may recover the amount of any fine paid to a city pursuant to ORS 221.287. [1995 c.533 §6; 1997 c.522 §1; 1999 c.1051 §262; 2001 c.715 §1]