§ 14.02. Code terms defined.
The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this title, except where the context clearly indicates a different meaning:
Accrual accounting means a system of accounting in which the operator enters the rent due from a transient into the record when the rent is earned, whether or not it is paid.
Admission charge means any charge, whether or not designated as such, for the right or privilege to enter, occupy, or use a seat or space in any facility as hereinafter defined, or to participate as a patron in any event.
Aerosol paint container means any aerosol container adapted for spraying paint.
Agent means a natural person, other than a burglar alarm salesperson, who is designated by the principal to be responsible for the premises protected by an alarm system during the principal's absence or unavailability. The term "agent" does not include any person who receives any salary, fee, bonus or other valuable consideration for performing the duties of an agent unless such person is a bona fide employee of the principal having substantial duties paramount and not directly related to his/her capacity as agent.
Alarm system means a device or system of interconnected devices, including hardware and related appurtenances, designed to give warning of activities indicative of felony or criminal conduct.
Annunciator means that part of an alarm system, other than an automatic dialer, which communicates the fact that the system has been triggered.
Applicant. The term "applicant":
(A)
When used in regard to water service, means the person or persons, firm or corporation, making application for water service from the Water Department under the terms of these regulations.
(B)
When used in regard to public improvement, means the person or legal entity that bears the expense of constructing the financed public improvement. The City may also be the applicant.
(C)
When used in regard to event organizing, means an event organizer or other person applying for an event.
Areas open to the general public means all areas other than streets and sidewalks that are open to and used by the general public such as parking lots, alleys and entrance and exit areas to public buildings. Open areas do not include driveways and walkways of private residences.
Audible annunciator means an annunciator which gives alarm by means of a bell, siren, buzzer or similar sound producing device mounted at some location other than wholly within a building; or which, when activated, is clearly audible at a distance of 50 feet or more outside of any building in which it is mounted.
Automatic dialer means a device that is programmed to select a telephone number and deliver a warning message or signal over standard telephone lines using telephone voice communication equipment.
Backflow means the undesirable reversal of water or mixtures of water and other liquids, gases or other substances into the distribution pipes of the potable supply of water from any source or sources.
Backflow prevention device (approved) means a device that has been investigated and approved by the regulatory agency having jurisdiction. The approval of backflow prevention devices by the regulatory agency should be on the basis of a favorable laboratory and field evaluation report by an approved testing laboratory recommending such approval.
Backflow prevention device (type) means any approved device used to prevent backflow into a potable water system. The type of device used should be based on the degree of hazard either existing or potential.
Building means any fully enclosed permanent structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind. It includes push carts or sidewalk cafes authorized to sell goods, food or beverages.
Business means:
(A)
Any activity carried on with the intent:
(1)
That a profit be realized therefrom; and
(2)
That the profit, if any, inure to the benefit of owner or owners of the activity.
(B)
Any regular activity pursued for profit or gain and occupying premises within an off-street parking district. Such activities may include the furnishing of services or the sale of goods, wares or merchandise, or a combination or either, and shall include all gainful pursuits, whether they are termed professional or otherwise, and whether they are otherwise regulated or taxed.
Camp means to set up or to remain in or at a campsite for a period of time greater than one hour.
Campsite means any place where bedding, sleeping bag or other material used for bedding purposes or any stove or fire is placed, established or maintained for the purpose of maintaining a temporary (more than 24 hours) place to live, whether or not such place incorporates the use of any tent, lean-to, shack or any other structure or any vehicle or part thereof.
Canvasser or solicitor means any individual, whether a resident of the City or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he or she is collecting advance payments on such sale or not; provided that such definition includes any person who, for himself, herself or another person, firm or corporation, leases or occupies any building, structure, hotel room or any other place within the City for the sole purpose of exhibiting samples and taking orders for future delivery.
Capital improvements means facilities or assets used for:
(A)
Domestic water systems;
(B)
Wastewater collection, transmission and disposal;
(C)
Drainage and flood control;
(D)
Transportation; or
(E)
Parks and recreation.
Cash accounting means a system of accounting in which the operator does not enter the rent due from a transient into the record until the rent is paid.
Chief means:
(A)
The Chief of Police of the City of Jacksonville, or a police officer under the Police Chief's jurisdiction designated by the Police Chief to exercise any power or duty conferred under this Code; or
(B)
The Fire Chief of the City of Jacksonville.
City, municipal corporation, or municipality means the legally constituted municipal government of the City of Jacksonville, Jackson County, Oregon.
City Administrator means the City Administrator or City Administrator's designee. In the absence of the City Administrator, the term "City Administrator" means the Mayor or their designee.
City beautification means the enhancement and beautification of vehicular and pedestrian routes to and through the City; purchase and maintenance of signing, landscaping, seasonal and promotional decorations.
City Council means the legally elected group of members composing the City Council, including the Mayor of the City of Jacksonville, Oregon.
City Engineer means the duly appointed incumbent of the office of City Engineer, if such an office shall exist and be then occupied. If such office shall not exist or shall be vacant, the Council shall designate an engineer or firm of engineers in connection with any proposed improvement, in which event the term "City Engineer" shall be held to refer to the engineer or firm of engineers so designated.
City of Jacksonville telephone line means a telephone line that rings or terminates on the premises of the City of Jacksonville.
City park means:
(A)
An area owned and designated by the City for public park purposes; or
(B)
An area owned by some other public entity but used and operated by the City for public park purposes.
City-wide yard sale means a sale held the first weekend after Labor Day weekend in September. The purpose of the event is to allow Jacksonville residents to conduct a yard sale for one weekend without registering with the City.
Code, this Code, or this Code of Ordinances means this Municipal Code as modified by amendment, revision and adoption of new titles, chapters or sections.
County means Jackson County, Oregon.
Contamination means the entry into or presence in a public water supply system of any substance which may be deleterious to health and/or quality of the water.
Cross-connection means any unprotected actual or potential connection or structural arrangement between a public or a consumer's potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas or substance other than the intended potable water with which the water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.
Customer or user, when used in regard to water service, means an applicant who has been accepted under the terms of these regulations and who receives water service from the Water Department.
Demonstration means any formation, procession or assembly of persons which, for the purpose of expressive activity, is:
(1)
To assemble or travel in unison on any street in a manner that does not comply with normal or usual traffic regulations or controls; or
(2)
To gather at a public park or other public area.
Department means any municipal department within the City of Jacksonville.
Developed property means a parcel or portion of real property on which an improvement exists. Improvement on developed property includes, but is not limited to, buildings, parking lots, and outside storage.
Developer means the person who causes a development to occur, including, but not limited to, a person who applies for a building permit or a permit to connect to the water system.
Development means constructing a building, making a physical change in the use or appearance of a structure or land, dividing land into two or more parcels (including partitions and subdivisions), creating or terminating a right of access or any other change the use of land that results in increased usage of a capital improvement.
Doing or transacting business means any act or series of acts performed in the course or pursuit of a business activity. Also see section 5.04.020 regarding business license requirements.
Dumpster means a solid waste container.
Emergency means and includes any human caused or natural event or circumstances causing or threatening loss of life, injury to person or property, human suffering or financial loss. This includes, but is not limited to fire, explosion, flood, severe weather, drought, earthquake, spills or releases of oil or hazardous material, contamination, disease, blight, infestation, civil disturbance or riot.
Employee assigned tasks. This Code assigns tasks to employees which may or may not be part of that employee's job description. All assigned tasks will conform to the Employee Handbook, and/or Policies and Procedures Manual, and/or any union contract in effect, and/or the approved organizational chart. The City Administrator has the final say to any task in question based on the employee's ability to perform the task or be trained to do so.
Entity means the corporate individual owning a portion of the cemetery; the City of Jacksonville, the Archdiocese of Oregon, the Odd Fellows Lodge No. 10, the Warren Lodge A.F. & A.M. No. 10, the Redman Lodge and the Rogue Valley Jewish Community.
Etching device means a glass cutter, awl or any device capable of scratching or etching the surface of any structure or personal property.
Event.
(A)
The term "event" means:
(1)
Any entertainment, amusement or recreational activity for which an admission charge is made, including, but not limited to, musical and theatrical performances, motion picture shows, sporting and athletic events, exhibitions, concerts, lectures, picnics, dancing, swimming and bathing, speeches, fairs, carnivals, circuses, menageries, amusement rides and devices and all forms of recreation in or at amusement parks, billiards, pool, or any other form of diversion, sport, pastime or recreation. The term "event" includes an event or a demonstration held either all or partially on public property and/or special protection zones (as shown in the special protection zone map), when deemed appropriate;
(2)
Any organized formation, parade, procession or assembly of persons, and which may include animals, vehicles or any combination thereof, which is to assemble or travel in unison on any street in a manner that does not comply with normal or usual traffic regulations or controls;
(3)
Any organized assemblage of persons at any public park, which is to gather for a common purpose under the direction and control of a person;
(4)
Any other organized activity of any number of persons conducted by a person for a common or collective use, purpose or benefit that involves the use of, or has an impact on public property, facilities, and/or the provision of City public safety services in response thereto; or
(5)
Any gathering or activity, whether on public or private property that is not otherwise defined, and that causes increased impact to the City as determined by staff. Staff will determine which event packet will be necessary based on criteria. Admission tax may apply.
(B)
Examples of events include, but are not limited to, concerts, parades, fairs, festivals, block parties, cooking events, community events, mass participation sports (such as, marathons and other running events, bicycle races or tours, or spectator sports). Notwithstanding, events do not include birthday parties in City parks unless the nature and characteristics of the particular birthday party significantly exceed those commonly associated with typical birthday parties.
Event organizer means any person who conducts, manages, promotes, organizes, aids or solicits attendance at an event.
Event participant means any person who participates in an event.
Event permit means a permit issued under this Code with the required fee.
Event venue means that area for which an event permit has been issued.
Expense means the cost of goods sold, the expense of services rendered and all other expenses or disbursements, accrued or otherwise, ordinarily incidental to the operation of a business.
Expressive activity means and includes conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas and for which no fee or other remuneration is required as a condition of participation in or attendance at the activity. It includes public oratory and distribution of literature.
Facility means any building, structure, place or location wherein or at which any form of event is or can be held, carried on or conducted.
False alarm.
(A)
The term "false alarm" means any activation of an alarm system upon or following which communication is made to the Police Department that an alarm has been triggered, except alarms resulting from one or more of the following causes:
(1)
Criminal activity or unauthorized entry;
(2)
Earthquake causing structural damage to the protected premises;
(3)
Hurricane winds causing structural damage to the protected premises;
(4)
Flooding of the protected premises due to overflow of natural drainage;
(5)
A lightning bolt causing physical damage to the protected premises;
(6)
Fire causing structural damage to the protected premises verified by the Fire Department;
(7)
Telephone line malfunction verified in writing to the Department by at least a first line telephone company supervisor within seven days of the occurrence; or
(8)
Electrical service interruption verified in writing to the Department by the local power company manager within seven days of the occurrence.
(B)
If the alarm, when communicated to the Department before an officer is dispatched to investigate, is clearly identified to the Department as resulting from authorized entry, authorized system test, or other non-criminal cause, it shall not be considered a false alarm. If police units, responding to an alarm and checking the protected premises according to standard Department operating procedure, do not discover any evidence of unauthorized entry or criminal activity, there shall be a rebuttable presumption that the alarm is false. Entries in the Police Department "Daily Bulletin" shall be prima facie evidence of the facts stated therein with regard to alarms and responses.
Farmer's market means a market or gathering of artisans or vendors occurring in an outdoor location fewer than one day per week, five months per year.
Felt tip marker means any indelible marker or similar implement.
Fiscal year means July 1 through June 30 of the following year.
Goods has the broadest possible meaning in the Oregon Uniform Commercial Code and includes, without limitation, merchandise, food, and other items that are generally sold.
Graffiti means any inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any surface that is not authorized by the owner, person or jurisdiction in charge of the private or public property.
Graffiti implement means an aerosol paint container, a felt tip marker, an etching device or graffiti stick.
Graffiti stick means a device containing a solid form of paint, chalk, wax, epoxy or other similar substance capable of being applied to a surface by pressure, and upon application leaves a mark.
Hazard, degree of, is derived from the evaluation of a health, system, plumbing or pollutional hazard.
Hazard, health, means an actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the consumer's potable water system that would be a danger to health.
Hazard, plumbing, means an internal or plumbing type cross-connection in a consumer's potable water system that may be either a pollutional or a contamination type hazard. The term "plumbing hazard" includes, but is not limited to, cross-connections to toilets, sinks, lavatories, wash trays, domestic washing machines and lawn sprinkling systems. Plumbing type cross-connections can be located in many types of structures including homes, apartment houses, hotels and commercial or industrial establishments.
Hazard, pollutional, means an actual or potential threat to the physical properties of the water system or the potability of the public or the consumer's potable water system but which would not constitute a health or system hazard, as defined. The maximum degree of intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the system or its appurtenances.
Hazard, system, means an actual or potential threat of severe danger to the physical properties of the public or consumer's potable water system or a pollution or contamination which would have a protected effect on the quality of the potable water in the system.
Health Division Officer means the Oregon State Health Division Officer, or authorized agent.
High pollution period means a period of time commencing three hours after initial designation as a red or yellow day by the Oregon Department of Environmental Quality (hereinafter referred to as DEQ) or the Jackson County Department of Health and Human Services. In the event more than one consecutive days are designated as red or yellow, they shall be considered a part of the same period.
His/her or he/she. The term "his/her" or "he/she" may be used interchangeably with "they" or "theirs."
Horses means and includes ponies, mules, donkeys and other pack animals.
Hotel means a part of any facility that is occupied or designed for occupancy by transients for lodging or sleeping, including a hotel, condominium, motel, inn, bed and breakfast home or house, recreational vehicle park, campground, tourist home or house, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location or similar facility. This definition applies only to chapter 3.20.
Improvement fee means a fee for costs associated with capital improvements to be constructed after the date the fee is adopted pursuant to section 3.12.040.
Intervening property owners means property owners in the reimbursement district who utilize public improvements that are the subject of the reimbursement district and must consequently reimburse the applicant pursuant to this chapter.
Jacksonville Cemetery or the Cemetery means the entire contiguous area dedicated or devoted to cemetery purposes with the City, including the areas owned by Warren Lodge A.F. & A.M. No. 10, Odd Fellows Lodge No. 10, the Archdiocese of Oregon, the Redman Lodge, the Rogue Valley Jewish Community and the City of Jacksonville and any publicly dedicated roads or ways therein.
Land area means the area of a parcel of land as measured by projection of the parcel boundaries upon a horizontal plane with the exception of a portion of the parcel within a recorded right-of-way or easement subject to a servitude for a public street or scenic or preservation purpose.
Law means applicable Federal Law, the Constitution and statutes of the State, the ordinances of the City and, when appropriate, any and all rules and regulations which may be made known thereunder.
Liaison means a Council member who has been designated to be the link to a committee or commission and whose role is to maintain communication with the Council.
Liaison coordination means the exchange of information or the planning of joint efforts between the City Council and a committee or commission.
Market, other type means a gathering of artisans or vendors which co-locate in one gathering site outside of farmer's market operating times, but are not affiliated with the farmer's market. This group is characterized by a gathering of individuals with a common goal to create sales and/or where an entry fee is charged in order to access the event. Some examples are:
(A)
Artist sales event Christmas bazaar sporting event.
(B)
Car show.
(C)
Plant sales.
May means the act referred to is permissive.
Month means a calendar month.
Non-profit. Non-profit status will be confirmed by staff against the Secretary of State website.
Non-residential unit means a use of property which is primarily not for personal, domestic accommodation, such as a business or commercial enterprise. A non-residential structure which provides facilities for one or more businesses including, but not limited to, permanent provisions for access to the public, shall have each distinct business facility considered as a separate non-residential unit. Transient lodging as recognized in chapter 3.20 shall be utilized here and considered a non-residential unit.
Oath means an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."
Occupancy means a use or possession of, or the right to use or possess, a room in a hotel for lodging or sleeping, including a space in a recreational vehicle park or campground.
Odor means anything which is in such a state or condition as to cause an offensive odor or which are in an unsanitary condition.
Officer, office, employee, commission or department means an officer, office, employee, commission or department of the City, unless the context clearly requires otherwise.
Off-street parking district or district means the off-street parking assessment district, whose boundaries are the same as the Historic Core zoning district and by this reference incorporated herein is a map showing the boundaries of the district. An off-street parking assessment district wherein the major part of every municipal off-street parking facility is available to the public for use without charge; provided, that a fine imposed for violating such overtime parking limits as the City Council or the City Parking Committee may deem reasonable and necessary shall not be deemed a charge for the use of such facility. No business license will be issued without the payment of the off-street parking district fees.
On-premises annunciator means an annunciator designed to give warning only to a person or persons on the protected premises, and that is neither an "audible' or "remote" annunciator as those terms are defined in this section.
Opacity means the degree to which emissions from a solid fuel burning device reduce the transmission of light and obscure the view of an object in the background. It is expressed as a percentage representing the extent to which an object viewed through the smoke is obscured.
Operator.
(A)
Any person conducting, operating, or maintaining, in whole or in part, as principal, agent, officer, employee or independent contractor of any event, or facility, is taxable under this Code. For purposes of collecting the tax provided for in this Code, there are two classes of operators, as follows:
(1)
One who conducts, operates, or maintains an established fixed facility, wherein events are held, carried on or conducted in the operator's normal course of business, hereinafter referred to as a "fixed operator"; and
(2)
Any other operator, hereinafter referred to as a "non-fixed operator."
(B)
The term "operator" also means a person who is the proprietor of a hotel in any capacity. When an operator's functions are performed through a managing agent of a type other than an employee, the managing agent shall also be considered an operator. For purposes of chapter 3.20, compliance by either the operator or the managing agent shall be considered compliance by both.
Oregon-certified stove means a solid fuel burning device certified by DEQ as meeting the emission performance standards specified in OAR 340-262-0100 through 340-262-0170.
Outside vendor means anyone who does not live in property located within the City limits of Jacksonville, and is bringing in outside items for sale during this event. This term is used in specific reference to the City-wide yard sale but may also be applied to other applicable events.
Owner.
(A)
The term "owner," in relation to the ownership of real property, means the record holder of the legal title to the land in question except that if there is a purchaser of the land whose interest therein is evidenced by a recorded contract for the sale thereof or by a written, verified statement by the record holder of the legal title to the land duly filed with the County, then such purchaser shall be deemed the owner.
(B)
The term "owner," when applied to a building or land, means and includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such building or land.
Parallel parking. A vehicle is parallel parked when it is positioned so that the right-hand wheels are parallel to and within 12 inches of the right curb or, if none, as close as possible to the right edge of the right shoulder.
Parcel of land means a lot, parcel, block or other tract of land that is occupied or may be occupied by a structure or structures or other use and that includes the yards and other open spaces required under the zoning, subdivision or other development ordinances.
Park or parking means the standing of a vehicle, whether occupied or not, except where a vehicle is temporarily standing for the purpose of and while actually engaged in loading or unloading.
Parks and Facilities Management Department means and includes the City of Jacksonville Parks Department and its employees and/or a Park Ranger.
Patron means any person who pays, or on account of whom is paid, any admission charge or admission price for the right or privilege of being admitted to or to use any facility, or to participate in any event. The term "patron" does not include:
(1)
A bona fide employee of the operator when admission to the facility is incident to said employee's duties; and
(2)
Any employee or official of the State of Oregon, or any governmental agency, instrumentality or department thereof, the City, or United States Government whose official duty makes it necessary to gain admission to any event. This would include being invited as a speaker or to perform a service during the course of the event (i.e., present an award, christen a structure, etc).
Peddler, canvasser, or solicitor.
(A)
The term "peddler, canvasser or solicitor" means any person, whether a resident of the City or not, while traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house or from street to street. They will be carrying, conveying or transporting such items as goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck farm products or provisions. They will be offering and exposing the same for sale or making sales and delivering articles to purchasers.
(B)
The term "peddler, canvasser or solicitor" also means and includes one who, without traveling from place to place, sells or offers the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance, provided that one who solicits orders and, as a separate transaction, makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this Code is subject to the provisions of this Code.
(C)
Further, the term "canvasser" means any individual who takes or attempts to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he or she is collecting advance payments on such sale or not.
(D)
The meaning of the term "peddler, canvasser or solicitor" includes the terms "hawker" and "huckster."
Person. The term "person" has the following meanings:
(A)
A natural person; unincorporated association; tenancy in common; partnership; corporation; limited liability company; cooperative trust, any governmental agency, including the State of Oregon but excluding the City of Jacksonville; and other entity in law or in fact.
(B)
An individual, firm, partnership, joint venture, association, social club, fraternal organization, fraternity, sorority, public or private dormitory, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or other group or combination acting as a unit.
(C)
A person, firm, corporation, co-partnership, trustee, lessee or receiver. Whenever used in any clause prescribing and imposing a penalty, the term "person" or "whoever," as applied to any unincorporated entity, means the partners or members thereof, and as applied to corporations, the officers or agents thereof.
Personal property means and includes money, goods, chattels, things in action and evidences of debt.
Placard means a sign, flyer, handout, poster or other promotional material.
PM10 means airborne particles ranging from 0.01 to 10 microns in size, the breathing of which can be harmful to the human respiratory system.
Potable water supply means any system of water supply intended or used for human consumption or other domestic use.
Preceding and following mean next before and next after, respectively.
Premises means any fixed or definite location.
Principal means the person, firm, corporation or other legal entity whose premises are protected by an alarm system. In the event that a building having more than one tenant is protected by a single alarm system, the term "principal" means the building owner.
Private property means property which is owned by an individual or some other private party and devoted to private use.
Profit means the excess of gross receipts over expense.
Protected premises means all of that contiguous area, including buildings, protected by a single alarm system and under common ownership and use.
Public improvement means any construction, reconstruction or upgrading of a water, sanitary sewer or storm sewer line, public street (including bicycle lanes or sidewalks), railroad crossing, or any other public improvement authorized by the City Council for reimbursement pursuant to this chapter.
Public place means a building, place or accommodation, whether publicly or privately owned, open and available to the general public.
Public view means anything open to and within range of vision, from a point six feet above centerline, from a street or sidewalk or adjacent property.
Qualified public improvement means a capital improvement that is:
(1)
Required as a condition of residential development approval;
(2)
Identified in the plan adopted pursuant to this chapter; and
(3)
Not located on or contiguous to a parcel of land that is the subject of the residential development approval.
Real property means and includes lands, tenements and hereditaments.
Red day means a 24-hour period beginning at 7:00 a.m. when PM10 levels are forecast by the DEQ or the Jackson County Department of Health and Human Services to be 130 ug/m3 and above.
Reimbursement means the payment made by a property owner in a reimbursement district for utilization of a financed public improvement described in this Code.
Reimbursement agreement means an agreement to reimburse the applicant for additional costs associated with construction of qualifying oversized or off-site public improvements benefitting other property owners.
Reimbursement district means the area determined by the City Council to derive a benefit from the construction of public improvements financed in whole or in part by the applicant, including property having the potential to utilize the affected improvements.
Reimbursement fee means a fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to section 3.12.040.
Remote annunciator means an annunciator located at a terminal on the premises of an alarm company, or other location not a part of the protected premises.
Rent means the consideration charged, whether or not received by the operator, for the occupancy of space in a hotel valued in money, goods, labor, credits, property or other consideration valued in money, without any deduction.
Residence means a building containing one or more dwelling units used for habitation by one or more persons.
Residential unit means a residential structure which provides complete living facilities for one or more persons including, but not limited to, permanent provisions for cooking, sleeping, and sanitation. A home business in a residential zone will be regarded only as a residential unit, not as a non-residential unit. An ancillary unit on a single-family parcel shall be considered as a separate residential unit. Multi-family residential property consisting of two or more dwelling units, condominium units or individual mobile home units shall have each unit considered as a separate residential unit. Transient lodging shall not be considered as a residential unit.
Residential woodburning means utilization of wood in a solid fuel heating device inside a residence.
Responsible party.
(A)
The term "responsible party," when used regarding a parks fee, means the person owing the parks fee.
(B)
The term "responsible party," when used regarding fire protection, means the person owing the fire protection surcharge who is ultimately the property owner as per section 3.01.060(B).
Sensor means that part of an alarm system that is designed to detect the happenings of some event or existence of some condition indicative of criminal activity or unauthorized entry.
Shall means that the act referred to is mandatory.
Sidewalk.
(A)
The term "sidewalk" means the part of the street right-of-way between the curb lines or the lateral lines of a roadway and the adjacent property lines that is intended for the use of pedestrians, whether or not it has a concrete, asphalt, or other hard surface.
(B)
The area defined as a sidewalk is determined as follows:
(1)
On the side of a highway that has a shoulder, a sidewalk is that portion of the highway between the outside lateral line of the shoulder and the adjacent property line capable of being used by a pedestrian;
(2)
On the side of a highway that has no shoulder, a sidewalk is that portion of the highway between the lateral line of the roadway and the adjacent property line capable of being used by a pedestrian.
Sign means any sign, pennant, flag, banner, inflatable display, or other identification or attention-seeking device.
Signature or subscription means and includes a mark when the person cannot write.
Skateboard means a board mounted on wheels, designed to be stood on, while being propelled by human power or gravity.
Sole source of heat means one or more solid fuel burning devices which constitute the only source of heating in a residence. No solid fuel burning device or devices shall be considered to be the sole source of heat if the residence is equipped with a permanently installed furnace or heating system utilizing oil, natural gas, electricity or propane.
Solid fuel burning device means a device designed for solid fuel combustion so that usable heat is derived for the interior of a building, and includes, with limitation, solid fuel burning stoves, fireplaces, fireplace inserts or woodstoves of any nature, combination fuel furnaces or boilers used for space heating which can burn solid fuel or solid fuel burning cooking stoves. Solid fuel burning devices do not include barbecue devices, natural gas-fired artificial fireplace logs, DEQ approved pellet stoves or Kachelofens.
Space heating means raising the interior temperature of a room.
State means the State of Oregon.
Street means all streets, highways, roads, cul-de-sacs, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the City which have been or may hereafter be dedicated and open to public use for purposes of vehicular travel, or such other public property so designated in any law of the State.
Subchapter means a division of a chapter, designated in this Code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.
Supervisor means the Supervisor of any department within the City of Jacksonville, or authorized agent.
Systems development charge (SDC).
(A)
The term "systems development charge (SDC)" means a reimbursement fee, an improvement fee or a combination thereof assessed or collected at the time of increased usage of a capital improvement, at the time of issuance of a development permit or building permit or at the time of connection to the capital improvement.
(B)
The term "systems development charge (SDC)" includes that portion of a water system connection charge that is greater than the amount necessary to reimburse the Medford Water Commission or City of Jacksonville for its average cost of inspecting and installing connections with water facilities. The term "systems development charge" does not include fees assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment or the cost of complying with requirements or conditions imposed by a land use decision.
Tax means either the tax payable by the transient or the aggregate amount of taxes due from an operator during the period for which the operator is required to report collections.
Tax Administrator means the City Administrator or staff person(s) designated by the Jacksonville City Council.
Tenant or occupant, applied to a building or land, means and includes any person who occupies the whole or a part of such building or land, whether alone or with others.
Track-out means the deposition of mud, dirt, rock and other debris on paved public roadways by motor vehicles; the material being so tracked on public roadways.
Transient means an individual who occupies or is entitled to occupy space in a hotel for a period of 27 consecutive days or less, counting portions of days as full days. The day a transient checks out of a hotel shall not be included in determining the 27-day period if the transient is not charged rent for that day. A person occupying space in a hotel shall be considered a transient until a period of 28 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy or the tenant actually extends occupancy more than 27 consecutive days. A person who pays for lodging on a monthly basis, regardless of the number of days in the month, shall not be considered a transient.
Transient lodging. The meaning of "transient lodging" recognized in chapter 3.20 shall be utilized herein.
Transient Lodging Tax Expenditure Committee means a committee appointed by the City Council to advise the City Council on the expenditure of the City Beautification and Tourism Development Fund and to make final decisions as to the dispensation of any marketing funds that have been set aside under the separate contact references in section 3.20.240(C). The Committee shall be composed of seven voting members and one ex officio member as follows:
(1)
One member of the City Council;
(2)
Four representatives of the lodging industry with a lodging facility within the City limits;
(3)
Two citizens at large;
(4)
Ex officio: The Tax Administrator or Treasurer.
Umbrella license means for multiple businesses of the same nature in each location.
Unified Development Code (UDC) means the provisions of the titles of this Code that function as the City's Development Code. A violation of any provision of these titles is a violation of the Unified Development Code.
Vehicle means every device in, upon or by which any person or property is or may be transported upon a roadway, trail or path.
Vendor means any person who sells, or offers to sell, any goods, food, or beverages within an event venue.
Visual annunciator means an annunciator installed entirely on the protected premises and which gives inaudible warning by means of a flashing light or other visible signal.
Water department means the Water Department of the City of Jacksonville, Oregon.
Written means any representation of words, letters or figures, whether by printing or otherwise.
Year means a calendar year, unless otherwise expressed.
Yellow day means a 24-hour period beginning at 7:00 a.m. when the PM10 levels are forecast by the DEQ or the Jackson County Department of Health and Human Services to be 91 ug/m3 and above but less than 130 ug/m3.
(Code 1981, §§ 1.04.010, 3.08.020, 3.12.030, 3.20.010, 5.04.020, 8.04.050, 9.08.010, 9.10.010, 10.08.010, 10.08.020, 10.24.010, 10.30.010, 12.04.010, 12.20.010, 12.24.010; Ord. No. 28, 5-1961; Ord. No. 185, 5-21-1974; Ord. No. 203, 4-5-1977; Ord. No. 212, 8-2-1977; Ord. No. 229, 5-5-1979; Ord. No. 265, 2-17-1981; Ord. No. 304, 1986; Ord. No. 306, 1(part), 6-17-1986; Ord. No. 336, 10-3-1989; Ord. No. 370, 10-1-1991; Ord. No. 387, 11-3-1992; Ord. No. 395, 6-15-1993; Ord. No. 404, 2, 11-2-1993; Ord. No. 424, 12-20-1994; Ord. No. 433, 10-17-1995; Ord. No. 435, 11-7-1995; Ord. No. 477, 7-21-1998; Ord. No. 485, 12-15-1998; Ord. No. 530, 4-1-2003; Ord. No. 535, 10-7-2003; Ord. No. 538, 3-2-2004; Ord. No. 561, 5-17-2006; Ord. No. 559, 6-6-2006; Ord. No. 565, 12-19-2006; Ord. No. 570, 6-19-2007; Ord. No. 589, 11-18-2008; Ord. No. 592, 3-3-2009; Ord. No. 591, 9-15-2009; Ord. No. 604, 5-18-2010; Ord. No. 607, 7-6-2010; Ord. No. 613, 7-17-2012; Ord. No. O2019-002, § 1 (Exh. A), 3-19-2019)