[a98-14°10:32 Rove Prospective Petition = Novos Gop EL. 370 Local initiative and Referendum ese © Wein pie ie ton io atic fat Be Potton formation istineisan overt lanendnen ate - uristtion Some Creators may be Paid cauny Tey owe Dive: Tite Website ese Petition Correspondent he nade wt ens te Sse in Bl Covesronseree Rat Benal Os Pettones [Bla ie Feenee Realenenoraton Name [emsincaras ‘Mary Gedy rmarygedary@amailcom ‘hie Petloneinforration stair mc em ihn tn pein ta etn “seis ew ey a a eratin etomidate capers or at hast pte ox ner rr ie yt a ie San551-1452 ea aa — ‘Sgeleanatcon i biarn/ Tne Name J Tecontact phone ‘Mailing Aadress it ctesen [emai Aes frsepreeracon i = y itera = coe mais nainlawal on lng ress ao [eosin Siete TomesiedESTABLISHING A COMMUNITY BILL OF RIGHTS PROVIDING FOR A SUSTAINABLE ENERGY FUTURE Section 1, Purpose ‘Whereas, we the people of Coos County posses the iaberent and inalienable right o govern our ‘vin comninity, 2s seoued by the Declaration of Tndependence’s reaffirmation ofthe right of people to alter or abolish their government it renders se governmeatimpossiic, a uf he Dregon Consttation’s recognition that "Al power is inherent in the people, and al ice ‘governments are founded on their authority, an instituted for their peace, salty, and Ihappiness" and ‘Whereas, we the people of Coos County understand the current system of municipal governance fails to retownize the self-governing authority ofthe people of Coos County because corporations may ase thi “righ” to override ou ln, opectes onthe ‘sumption tat corporat hts tramp thse ofthe people, can be preempled by slate or eral legislators and agencies, aod our municipality is banned frm ‘oping lw which have at been authoied bythe se nd ‘Whereas, we the peopl of Coos County have experienced substantial population los in recent decades de to il- advised and non-sustanable development policies; and ‘Whereas, we the people of Coos Conaty have experienced firsthand the harmful effets of luacheckel resouree extraction, and recognize thatthe pace and stope of extraction, transportation, production and wse of hydraulically factred foi fuel inthis country along, ‘with investments in other non-sustanable eneray systems violate the right of Coos County residents to a sustainable energy fate; ae ‘Whereas, we the people of Coos County recognize the importance of halting and thriving hntural communities sod ecosystems and that non sustainable energy system projects threaten those natural systems; and ‘Whereas, th peopl gf Coos Cou a ecomsition of our coat dependent on fs RUSS Faucclcy Ghartnespemii cory resquoscxtacton, tesperion a meee el oy soaring ot ert poo oa govt by ac mr wch eopues tt he ents nd ernst of Coon Cony have he ight tea eat ntl tinate walt byte tanpotig, banding produto, snd bung of Bas ub noes ne sts ey ys Whereas, we the people of Coos the need to build eneepy independence — spesaly the vieissitedes of price and nilability ~ frecing the county from centralized energy systems which produe noo-sustainable power; and reas, wo the people of Coos \Poctinivinetami tn om we lop cance o ene ew aysgovemance which recognizes our self govering authority and which secures and protects out Fight toa susininable encepy Future; [Noms therefore, the people of Coos County horeby adopt this Oninanee, which shall be know and may be cited a “The Coos County Right to Sustainable Energy Future Ordinance.” Section 2, Definitions (@)“Corporation,” means any corporation, limited partnership, limited ibility pactership, bsiness rust, palic benefit corporation, business entity, or limited lability company organized uve the lave of any sate of the United States or under the lave of any country. —— es (Soper apt fe ang ee ee idiyedatieere pa a i rice betaopocase ct foie” Faun Fatty Ce ee ra tlatid us treose wee ea craps de egy systema using fosil foes, incloding but not limited to con, natral gas, petro produts, nuclear and radioactive material and other fuel sources that are non-eneweble, or ‘which produce torins aod substances that cause injury to humans or natural communities and teosystems or tht are in violation of residents right toa sustainable energy future. The plaase Stall also include ay energy system whic violates the rights secured unde this Ondnance or ‘under other lave. The term shall not inlude the combustion of wood or wood products, propane, Kerosene, esting oi, coal, or natural gus wen those fuels is used solely to generate onsite beat tr power andthe enetgy produced isnot commercially soli, transmitted, or distibuted. Section 3 Statements of Law ~ Community Bill of Rights (@) Right to a Sustainable Energy Putue. All esdents in Coos County posess aright to « sustinableonerey future, and the people of Coos County have the right to adopt aws and policies to scare that ht, That right shall include the authority to require the development, production and use of sustainable energy. (0) Right to Scenic and Recreational Preservation. All residents of Coos County possess aright to the preservation and eabincement ofthe seni, historic and aesthetic values ofthe County, Inching unspoiled visti and outdoor rereation opportunites, thereby improving the areas ‘ppeal to tourists end ature zesidens, Tat right shall inci the right ofthe residents ofthe County to be fee from activities which threaten scenic, historic, and aesthetic vanes as elated to the constuction, siting, oc operation of na-sustainable energy systems.(©) Rights of Natural Communities and Beosystems to Thrive, Naural communities and ecosystems within Coos County, including but not Fited to, forests, ivers, streams, wetland ‘auifers, near shore habitats, and intertidal zones possess the right to exist, louis, and naturally evolve unaffected by the construction, sing, or operation of non-sustainable energy systems. (@) Governmental Legitimacy, A governments owe ther existence tothe people of the ‘community thit those govemmens serve, and governments exist to secre and protet the rights bf the people and those communities, Any system of government that becomes destructive of those ends isnot legitimate, lawful, or constitutional o people of Coos County possess both a collective and individual right to self-government in their community, aright toa system of {government that embodies tha right, and the igh oa system of government that protects and scores their hnzat, civ and collective rights. ( Righ to Assert the Right to SelfGovernment. The people of Coos County possess the right to ‘ve ther local government to make la, ad the making and enforcement of law by the people ‘tough a ny her inttution shal not liminat, limi, o ede their sovereign riht to local, community self government. () Rights are Self Executing, All ights delineated and secured by ths ordinance ae inherent, fundamental ed unalienable, and shall be self executing and enforecable against both pivate and public actors. Section 4. Statement of Law ~ Prohibits Necessary to Secure the Community Bill of ‘Rights EE ae eee Rhrmen arama reece Section 5. Enforsement (@) Any corporation or government tht violates any provision ofthis ordinanes shall be guilty of 3an offense aed, upon conviction theseaf, shall be sentenced to pay th maximum fine allowable tude State ln for that violation, Each day oc portion thereof, and violation of each soetion of | this ordioane, shall count asa separate violation (©) Coos Connty or any resident of Coos County may enforce the rights and prohibitions ofthis ‘ordinance though an ection brought in any eourt possessing jurisdiction over eotivities occurring ‘within Coos County. In such an action, Coos County ote resident shall be ete ta reeover all eoss of Uigation, including, without Uniation, expert ard auorney’s fees. (6) Any action brought by either aresideat of Coos County or by Coos County to enforce or defend the rights of ecosystems or natural communes secared by this ordinance shall bring that setion in the name ofthe ecosystem or natural community ina court possessing jurstition over setivties oeurring within Coos County. ( Damages shall be measured by the cost of restoring the naural community or esosystem 0 its state before the injury, and shall be pri to Coos County to be used exclusively forthe fll and complete restoration of the natural community oF eens, Section 6 Enforcement - Corporate Poseers (4) Corperations which violate this ordinance, or which sek o violate this ordinance, shall not be deemed “persons,” nor poses any other legal rights, privileges, powers, or protections which ‘would interfere with the enforcement of rights enumerated by this ordinance. Such powers shall include the ability o asset federal or sate preemptive law in an atflempt to overtura this ‘ordinance, andthe ability fo asser thatthe people of the county lack te authority to adopt this ‘ordinanes, Section 7, People's Right fo Lacal Sel Govermment Use of the courts or the Oregon lest in attempts to overtum the provisions ofthis ‘ordinance sall requir the County to oxganize community meetings focased on changes to local ‘governance that would secure the right ofthe people to local self government Section 8 State and Kederal Constitutional Changes Sees ee"goverument fe fom governmental preemption and or mln by expose “igh.” Section 9, Severability ‘The provisions ofthis ordinance ae severable any ourt decides that any section, else, Sentence, par, or provision ofthis ordinance is illegal, invalid, or unconstitutional, such decison shall not ‘affect, impair, or invalidate any ofthe remaining sections, clauses, sentences, pats, ot provisions ofthe ordinance, Section 10, feet This ordinance shall ake effect on the date of adoption.Thomas Linzey: Of the Community Environmental Defense Fund Ts a Pennsylvania-based group backing Community Bill of Rights measures including Measure 6-162 had this to say: “And if a town goes bankrupt trying to defend one of our ordinances, well, perhaps that's exactly what is needed to trigger a national movement.”