Lane County Proposed Ordinance

AGENDA COVER MEMO
Memorandum Date: April 14, 2020
Order Date: April 21, 2020 (Date of First Reading)
May 5, 2020 (Date of Second Reading/Public Hearing)
TO: Lane County Board of County Commissioners Sitting Also as

the Lane County Board of Health
DEPARTMENT: Health & Human Services
PRESENTED BY: Karen Gaffney, Director
AGENDA ITEM TITLE: ORDINANCE 20-03/ IN THE MATTER OF AMENDING LANE

COUNTY CODE CHAPTER 9: LANE COUNTY LODGERS
MUST ACCEPT GOVERNMENT VOUCHERS OR
PAYMENTS DURING EMERGENCY. VIOLATERS SUBJECT
TO PENALITIES. SUNSET CLAUSE.
I. MOTION
a. April 21, 2020:
Motion to approve the first reading and set the second reading and public
hearing for Ordinance 20-03: In the Matter of Amending Lane County Code
Chapter 9: Lane County Lodgers Must Accept Government Vouchers or
Payments During Emergency. Violators Subject to Penalties. Sunset Clause.
Second reading and public hearing to be May 5, 2020 at 1O:OOam time certain .
b. May 5, 2020: Alternate Motions after the Public Hearing
i. Move to Approve Ordinance No. 20-03, as Presented.

OR
ii. Move to Set a Third Reading and to Direct Staff to further

Revise Ordinance No. 20-03, as Directed by the Lane
County Board of Health (BoH) and to Return with a Revised
Ordinance for BoH Consideration and Action on (Date
Certain) at (Time Certain) via a virtual meeting of the Lane
County Board of Health . .
II. AGENDA ITEM SUMMARY
There is an immediate need to provide motel and hotel rooms for unhoused
individuals who need to be quarantined while awaiting COVID-19 test results or after
a positive COVID-19 test. Many local hotels and motels have refused to accept
these patients through direct County payment or in the form of a voucher for
payment. The Board of Health requests that Lane Code (LC) Chapter 9 be revised
to establish that no proprietor of a business providing transient lodging may refuse
to accept government payment of a reasonable rate for transient lodging. This
action will not change any of the other penalties, fines or fees already established
in LC 9. The proposed Lane County Board of Health (BOH) Ordinance will be
effective and apply in both incorporated and unincorporated areas.
Ill. BACKGROUND/IMPLICATIONS OF ACTION
A. Board Action and Other History
The World Health Organization, the President of the United States, the State
of Oregon and Lane County has each declared COVID-19 a global
pandemic. The Board's emergency declaration , Board Order 20-03-17-06,
also authorized the County Administrator to spend up to $750,000 to respond
to the effects of COVID-19. Board Order 20-03-31-09 increased the
authorization to $5,000,000 and authorized the County Administrator to
contract for goods and services for expenditure of the funds.
B. Policy Issues
Legal Counsel has determined that the Board of Commissioners can almost
certainly enforce ordinances passed as the Board of County Commissioners
also sitting as the Board of Health under its Public Health Authority
jurisdiction. This enforcement ability is available in incorporated cities as well
as unincorporated areas of Lane County. Although Oregon courts have not
directly addressed this matter, County enforcement against incorporated
entities accords with a fundamental principle of municipal law. Additionally,
the statutory text and context of ORS 431.413 shows the legislature intended
to allow County enforcement against incorporated entities within the County.
Legislative history further supports the presumption of exclusive County
enforcement power, as does a maxim of statutory construction prescribed
by Oregon law and frequently used by Oregon's appellate courts. However,
incorporated cities can very likely pass and enforce its own ordinances on
the same matters as a County ordinance, so long as those ordinances can
operate concurrently.
C. Board Goals
This action meets the Board's strategic plan priority 1: Safe and Healthy
County.
D. Financial and/or Resource Consideration
Staff has included the current amount of fine as a placeholder. Staff

expects the Board will likely reduce the amount of the fine. The current
figure was used so if the if the amount of the fine is lowered at the April
21st meeting, the Board could still adopt the Ordinance at its May 5th,
2020 meeting without the need for an additional public reading and public
hearing.
This should be revenue neutral. It is anticipated that the fines received should
cover the expense of enforcing the ordinance.
E. Health Implications
The potential health implications of not quarantining patients awaiting

COVID-19 tests or patients who have tested positive for COVID-19 who are
unable to shelter in their homes will result in further spread of COVID-19
resulting in increased burden on healthcare providers and hospitals and will
result in more deaths in Lane County.
F. Analysis
There is an immediate need to provide motel and hotel rooms for individuals
who have tested positive for COVID19 or are awaiting COVID19 test results
and are unable to quarantine in their homes or are unhoused. Staff has
contacted hotels across the county to inquire about renting rooms for patients
needing to be quarantined and has not been successful in developing this
resource. A building located at 100 River Avenue was purchased to provide
services during the pandemic for people who are unhoused and who are ill-
both those who need to isolate or quarantine and have no other safe place
to do that, and those who are coming out of hospitals and need a safe place
to recover. The County is moving quickly to get the River Avenue site up and
running , but may need to utilize hotel rooms while preparation of the facility
takes place.
Local hotels and motels are hesitant to accept COVID-19 patients due to
fears of keeping other guests safe and room cleaning after the patient has
left the establishment. Lane County has developed protocols for patient
management services while the patient is housed in the hotel. Additionally
Lane County has contracted with an organization to clean the rooms to CDC
specifications once the quarantined patient has checked out. County
patient management and contracted cleaning will minimize risk to hotel staff
and other guests.
The Board of Health requests that Lane Code (LC) Chapter 9 be revised to
establish that no proprietor of a business providing transient lodging may
refuse to accept government payment of a reasonable rate for transient
lodging. This action will not change any of the penalties, fines or fees
already established in LC 9. The proposed Board of Health (BOH)
Ordinance will be effective countywide in both incorporated and
unincorporated areas.
Notice of the Board of Commissioners meetings addressing the proposed

ordinance has been provided as recommended by County Counsel. Notice
has been provided to the interested public in the following ways: (i) Using
the County's normal procedure for providing public notice of BCC meetings;
(ii) Notifying Travel Lane County of the meeting time and place and the
proposed ordinance; (iii) Notifying Oregon Restaurant & Lodging
Association of the meeting time and place and the proposed ordinance; and
(iv) Issuing a press release to local media (e.g., the Register Guard, etc.)
as to the meeting time and place and the proposed ordinance.
G. Alternatives/Options
1. Approve Ordinance 20-03 with the options selected by category of proposed

Amendments, as determined based on direction provided this date; or
2. Direct staff to revise Ordinance 20-03, as directed by the Board, and to
return with a revised Ordinance for the Board's consideration and action; or
3. Decline to adopt an Ordinance regarding COVID-19 lodging at this time.
IV. Recommendation
H&HS recommends approval of Option 1 above.
IV. ATTACHMENTS
Board Order
Legislative Format
BEFORE THE BOARD OF COMMISSIONERS OF LANE COUNTY, OREGON
ORDINANCE NO: 20-03 In the Matter of Amending Lane County

Code Chapter 9: Lane County Lodgers Must
Accept Government Vouchers or Payments
During Emergency. Violators Subject to
Penalties. Contains Sunset Clause.
Declaring an Emergency.
WHEREAS, On March 17, 2020 the Lane County Board of Commissioners in Lane County
Board Order 20-03-17-06 declared a state of emergency as a result of the COVID-19 pandemic;
and
WHEREAS, the Board of Commissioners, acting in its capacity as the Lane County Board
of Health, finds that there is an immediate need to provide shelter for certain vulnerable individuals
to slow the spread of COVI D-19; and
of Health, finds that some local Transient Lodging businesses as that term is defined in ORS
320.300(11) , have refused to accept payment for Transient Lodging in the form of a valid voucher
whose payment is either subsidized by the County or a County contractor; and
of Health, finds that providing temporary housing for certain vulnerable individuals in local
Transient Lodging as that term is defined in ORS 320.300(11), will be effective in slowing the
spread of the COVID-19 virus.
WHEREAS, acting in its capacity as the Lane County Board of Health, finds that because
of the immediate risk to public health there is a public health emergency that requires that the
provisions of this ordinance take effect immediately upon adoption by the Board of Health and is
necessary for the immediate preservation of the public peace, health, and safety.
NOW, THEREFORE, the Board of County Commissioners of Lane County acting in its
capacity as the Lane County Board of Health ORDAINS as follows:
1. Lane Code Chapter 9 is amended by making the additions as depicted in Exhibit

A of this Ordinance, which is attached and incorporated by this reference, to add
code sections LC 9.992-9.999.
2. The Findings of Fact above are specifically incorporated by this reference are
adopted in support of the above amendment to Lane Code Chapter 9.
3. Nothing herein is intended to, nor acts to amend , replace, or otherwise conflict with
any other ordinances of Lane County or any other Code or statutory provisions
unless expressly so stated.
4. If any section, subsection , sentence, clause, phrase, or portion of this Ordinance

is for any reason held invalid or unconstitutional by any court or administrative
agency of competent jurisdiction, such portion constitutes a separate, distinct, and
independent provision, and such holding does not affect the validity of the
remaining portions hereof.
5. An emergency is hereby declared to exist and this ordinance, being enacted by

the Board in the exercise of its police power for the purpose of meeting such
Revised l /8/19
emergency, and for the immediate preservation of the public peace, health, and
safety, takes effect immediately.
ENACTED this_ day of_ _ _ _ _ _ _ , 2020
Heather Buch, Chair

Lane County Board of Commissioners
Recording Secretary for this Meeting of the Board
APPROVED AS TO FORM
03te._ _ _ __ __
LANE COUNTY OFFICE OF LEGAL COUNSEL
Revised l /8/19
!At left margin indicates changes LEGISLATIVE
Bold indicates material being added FORMAT
Skil<elhreligh indicates material being deleted
Lane Code
CHAPTER 9 CONTENTS
ENVIRONMENT AND HEALTH

SOLID WASTE POLICY AND AUTHORITY
9.005 Purpose and Authority.
9.010 Definitions.
REGULATIO NS AND ENFORCEMENT
9.020 Illegal Dumping and Pena lty
9.022 Violation of Posted Restrictions of Use.
9.023 Non-Payment of Fees.
9.024 Destruction of Public Property.
9.026 Interference with Official Duties.
9.027 Failure to Identify.
9.028 False Information.
9.030 Disposal - Public Place; Private Property.
9.035 Solid Waste Hauling.
9.040 Deposits Prohibited.
9.045 Salvage and Other Orders by Manager.
9.050 Failure to Comply.
URBAN GROWTH AREA RECYCLING REGULATIONS
9.060 Urban Growth Area Recycling Regulations.
SOLID WASTE SYSTEM BENEFIT FEE
9.080 Solid Waste System Benefit Fee.
9.085 Solid Waste System Benefit Fee Collection, Remittance, and Reporting.
9.090 Calculation of Solid Waste System Benefit Fee.
9.095 Examination of Records.
9.100 Confidential Character of Information Obtained.
9.105 Collection Actions.
9.115 Injunctive Relief.
RESTRICTION ON USE OF SOLID FUEL SPACE HEATING DEVICES
9.120 Purpose and Findings.
9.125 Definitions.
9.130 Area of Applicability.
9.135 Prohibitions.
9.140 Exemption for Economic Need.
9.145 Enforcement.
9.150 Penalties.
REGULATIO NS OF TRAVELERS' ACCOMMODATIONS, RECREATION
PARKS, ORGANIZATIONAL CAMPS, PUBLIC SWIMMING POOLS AND
BATHHOUSES, RESTAURANTS, COMMISSARIES, MOBILE UNITS AND
VENDING MACHINES
9.200 Purpose.
9.205 Definitions.
9.210 Adoption of the Rules of the Oregon State Health Division.
9.215 Enforcement of Rules of the Oregon State Health Division.
MINIMUM STANDARDS OF FITNESS FOR RENTAL OCCUPANCY
LC09 LEGREV 2020_04_ 14.docx 9- i

Exhibit A
IAt left margin indicates changes LEGISLATIVE
Strikethre1:1 gh indicates material being deleted
Lane Code
CHAPTER 9 CONTENTS
9.300 Purpose and Scope.

9.305 Definitions.
9.310 Water.
9.315 Sanitary Plumbing Fixtures.
9.320 Kitchen Sink.
9.325 Plumbing Fixtures.
9.330 Heating Facilities.
9.335 Electric Service.
9.340 Lighting, Ventilation and Egress.
9.345 Rubbish and Garbage.
9.350 Structure.
9.360 Continuation of Services.
9.365 Responsibilities of Owners and Occupants.
9.370 Lease of Dwellings.
9.375 Inspection.
9.380 Request for Inspection.
9.385 Actions by County.
9.390 Entry into Dwellings by Inspector.
9.400 Exemptions.
SEWER CONNECTION
9.410 Purpose.
9.415 Definitions.
9.420 Local Government Actions.
9.425 Connection.
9.430 Exception.
9A35 Notice.
9.440 Administration.
9.445 Nuisance.
9.450 Enforcement.
PUBLIC HEALTH
9.500 Public Hea lth
DECLARATION OF DANGER TO PUBLIC HEALTH
9.505 Definitions.
9.510 Purpose.
9.525 Declaration of Danger to Public Health.
SAFE DRINKJNG WATER PROGRAM
9.550 Purpose.
9.552 Definitions.
9.553 County Drinking Water Program.
9.562 Program Elements.
9.564 Licenses.
FOOD HANDLER CERTIFICATE
9.600 Definitions.
9.610 Adoption of the State Division of Health Rules, Regulations and
Statutes.
LC09 LEGREV 2020_04_ 14.docx 9-ii

Exhibit A
jAt left margin ind icates changes LEGISLATIVE
Strikethre1:1gh indicates material being deleted
Lane Code
CHAPTER 9 CONTENTS
9.620 Notification by Restaurant.

9.625 Time in Which to Acquire Permit.
9.627 Time in Which to Acquire Certification of Training in Anti-Choking
Maneuvers.
9.630 Examination.
9.635 Notification of Temporary Restaurants.
9.640 Examination for Temporary Restaurant.
9.650 Fees.
9.660 Revocation of Permit.
9.665 Review.
9.670 Food Handler Certificates.
9.675 Diseased Persons May Not Work.
9.680 Certificate Exclusive and Valid Throughout Lane County and the State
of Oregon.
9.690 Effective Date.
TOBACCO REGULATIONS
9. 700 Definitions.
9. 710 Requirements and Prohibitions.
9.715 Possession, Distribution and Use by Person Under Age 21.
9.720 Non-Retaliation.
9.725 Penalties and Enforcement.
9.752 Requirements and Prohibitions.
9.754 Limits on Eligibility for a Tobacco Retailer License.
9.756 Application Procedure.
9. 758 Issuance of License.
9.760 License Renewal and Expiration.
9.762 Licenses Nontransferable.
9.764 License Conveys a Limited, Conditional Privilege.
9. 766 Fee for License.
9.768 Compliance Monitoring.
9.770 Suspension or Revocation of License.
9.772 Tobacco Retailing Without a Valid License.
9.774 Penalties and Additional Remedies.
9.780 Smoke and Tobacco-free Facilities and Grounds
SEWAGE FACILITIES MANAGEMENT REGULATIONS
9.800 Authority, Intent and Purpose.
9.805 Definitions.
9.810 Scope and Applicability.
9.815 Rules and Fees.
9.820 DEQ Compliance.
9.825 Management Corporation Provisions.
9.830 Existing Statutes, Rules and Regulations - Conflicts.
9.835 Management Corporation Contract.
9.840 Management Corporation Contract Enforcement.
9.845 Financial Solvency.
9.850 Maintenance and Operation - Management and Purchaser.
9.855 Right to Enter on Purchaser's Property.
LC09 LEGREV 2020_04_14 .docx 9-iii

Exhibit A
!At left margin indicates changes LEG ISLATIVE
Bold ind icates material being added FORMAT
StrikethreHgR indicates material being deleted
Lane Code
CHAPTER 9 CONTENTS
9.860 Restoration.
9.865 Purchaser's Right to Perform Work.
9.870 Approval of Mana gement Corporations.
9.875 Annual Review.
TREE CONSERVATION AND PROTECTION
9.900 Description and Purpose.
9.905 Definitions.
9.910 Permit Required.
9.915 Exemptions.
9.920 Application Review Criteria.
9.925 Permit Process.
9.930 Permit Requirements.
9.935 Tree Removal Standards.
9.940 Enforcement.
EROSJON PREVENTION
9.945 Applicable Erosion Control Prevention Regulations.
9.946 Applicable Erosion Control Prevention Regulations, City of Springfield
UTZ
CLEAR LAKE WATERSHED BOATING REGULATIONS
9.950 Clear Lake Waters hed Boating Regulations.
ENFORCEMENT
EMERGENCY COVJD-19 LODGING
9.993 Definitions
9.996 Appeal of Penalty.
9.997 Responsibility for Damages.
9.998 Emergency.
9.999 Expiration.
E~J VIRO~JMHJT A~JD I IEALTI I
SOLID WASTE POLICY A}JD AUTI IORITY
9.005 Purpose aAd A1:Jtlrnrity.
9.0 I0 DefiAitions.
REGULATIO"Jl-JS All-JD HJF'ORCEME~JT
9.020 Illegal Dumping aAd Penalty
9.022 Violation of Posted Restrieti oAs of Use.
9.023 ~JoA Pa)·ment of F'ees.
9.024 Destruetion of Pub Iie Property.
9.026 IAterfereAee with Offieial Duties.
9.027 Failure to ldeAtify.
9.028 False lnformatioA.
9.030 Disposal Publie Plaee: Pri'..·ate Property.
9.035 Sol id Waste HauliAg.
LC09 LEGREV 2020_04_ 14.docx 9-iv

Exhibit A
S1rike1hrel-lgh indicates material being deleted
Lane Code
CHAPTER 9 CONTENTS
9.Q4Q Depesits Prehieited.

9.Q45 Sah·age and Other Orders ey MaAager.
9.Q5Q F'ailure te Cemply.
URB/\~J GROWTH AREA RECYCLl~JG REGULATIONS
9.Q6Q Urean Grewth Area Reeyeling Regulatiens.
SOLID WASTE SYSTEM BHJEF'IT F'EE
9.Q8Q Selid Waste Syste111 BeAefit F'ee.
9.Q85 Selid Waste Syste111 Benefit i::'ee Celleetien, Remittanee. and Reperting.
9.Q9Q CaleulatieA ef Selid Waste Systen1 Benefit F'ee.
9.Q95 Exa111inatien ef Reeerds.
9. 1QQ Cenfidential Charaeter of lnfen11ation Oetained.
9. 1Q5 Celleetien Aetions.
9. 11 Q F'ailure te Cemply.
9. 115 £rljuneti••e Relief.
RESTRICTIO~J O~J USE OF' SOLID F'UEL SPACE HEATfj).JG DEVICES
9. I2Q Purpese and Findings.
9. 125 Definitions.
9. 13Q Area efApplieaeility.
9. 13 5 Prohieitions.
9. I 4Q Enemptien fer Eeen0111ie ~Jeed .
9. 145 Enforeemenr.
9. 150 Penalties.
Re GUL'\TIO}JS OF' TRAVELERS' ACCOMMODATIO~JS , ReCREATIO~J
PARKS. ORGA}JIZATIO}JAL CAMPS. PUBLIC SWIMMl~JG POOLS A~JD
BATI IHOUSeS. RESTAURANTS. COMM ISSAR IES. MOBILE U~JITS A~JD
Ve}IDING MACHl~JES
9.200 Purpese.
9.2Q5 Definitiens.
9.210 Adeptien ef the Rules ef the Oregon State 1'4 ealth Division.
9.215 Enforeement of Rules ef tl:le Oregon State Healtl:l Di ..·isieA .
Ml"Jl>llMUM STA~IDARDS OF' FITNESS FOR RE~ITAL OCCUPA~ICY
9.3 00 Purpese and Seope.
9.3 Q5 Definitiens.
9.310 Water.
9.315 Sa11itar)· Plumeing F'baures.
9.320 Kitehen Sink.
9.325 Plumeing F'intures.
9.330 1-!eating F'aeilities.
9.335 Eleetrie Ser-.•iee.
9.3 40 Ligllting. Ventilatien and Egress.
9.3 45 R1:1eeish and Gareage.
9.35Q Strnett1Fe.
9.360 Centin1:1atien ef Se11·iees.
9.365 Respe1:sieilities ofOw11ers a11d Oewpants.
9.370 Lease ef Dwellings.
9.375 lnspeetien.
LC09 LEGREV 2020 04 14.docx 9-v

Exhibit A
!At left margin indicates changes LEG ISLATIVE
Bold ind icates material being added FORMAT
Strikethre11gh indicates material being deleted
Lane Code
CHAPTER 9 CONTENTS

9.3 85 Actions by County.
9.390 Entry into Dwellings b)' Inspector.
9.400 E?<emptions.
SEWER COt~JECTIOl'J
9.4 10 Purpose.
9.4 15 Definitions.
9.425 Connection.
9.430 E>tception .
9.435 l>Jotice.
9.445 l>Juisance.
9.450 Enfurcerrtent.
PUB LIC HEALTH
9.500 Public Health
DECLARATIOl'J OF DAl>JGER TO PUBLIC I IEALTI I
9.505 Definitions.
9.5 10 Purpose.
9.525 Declaration of Danger to Public P-lealth.
SAP'E DRll>JKll>JG WATER PROGRAM
9.550 Purpose.
9.552 Definitions.
9.564 Lice11ses.
FOOD I IAll-JDLER CERTIFICATE
9.600 Definitions.
9.6 10 Adoption of the State Di.,•ision of l-4ealtl1 Rules. Regulations and Statutes.
9.620 l>Jotification by Restaurant.
9.627 Time in Whi ch to Acquire Certification of Training in Anti Ckoking Manet1vers.
9.630 Elrnn:iination.
9.635 l'Jotifi cation ofTen:iporar)' Restaurants.
9.640 Examination fur TemporaF)· Restaurant.
9.650 Fees.
9.660 Re.,·ocation of Pern:iit.
9.665 Re'¥ iev,·.
1

9.675 Diseased Persons May }Jot Werle
9.680 Certificate El<clt1si't e and Valid Througl:iout Lane County and the State of Oregon.
1
9.690 Effecti"'e Date.

TOBACCO REGULATIOll-JS
9.700 Definitions.
LC09 LEGREV 2020 04 14.docx 9-vi

Exhibit A
jAt left marg in indicates changes LEG ISLATIVE
Strilcethre1:1gh indicates material being deleted
Lane Code
CHAPTER 9 CONTENTS

9.715 Possession, Distribt1lion and Use by Person Under Age 21 .
9.720 }Jon Retaliation.
9.725 Penalties and Enforce111en1.
9.752 Req1:1irements and Prol1ibitions.
9.754 Limits on Eligibility fur a Tobacco Retailer Lice11se.
9.756 Application Proced1:1re.
9.758 lss1:1ance of License.
9.700 License Renewal and E:<piration .
9.762 Licenses Jl-Jontransferable.
9.764 License Conveys a Limited. Conditional Pri.,•ilege.
9.766 Fee for License.
9.780 Smoke and Tobacco free Facilities and Grounds
SEWAGE FACILITIES MAJl-lAGEMHJT REGULATIOJl-JS
9.805 Definitions.
9.8 10 Scope and Applicabilit)'.
9.g 15 Rliles ans Y'ees.
9.820 DEQ Co111pliance.
9.825 Management Corporation Pro.,•isions.
9.830 E:tisting Statl:ltes. Rliles and Regttlations Conflicts.
9_g35 Management Corporation Contract.
9.840 Management Corporation Contract Enforce111ent.
9.845 F"inancial Sol¥ency.
9.850 Maintenance and Operation Ma11agement and Pttrchaser.
9.855 Right to Enter on Pl:lrchaser's Property.
9.800 Restoration.
9.865 Pl:lrchaser's Right to Perfon11 Work.
9.870 Appro\•al of Management Corporations.
9.875 Annual Re,·iew.
TREE COJl-JSERVATIOJl-J AJl-JD PROTECTIOJl-J
9.900 Description and Pl:lrpose.
9.905 Definitions.
9.910 Pem1it Req1:1ired.
9.915 E><e111ptions.
9.920 Application Re.,·iew Criteria.
9.925 Pem1it Process.
9.930 Permit Req1:1ireme1Hs.
9.940 Enforcement.
EROSIOJl-J PREVHJTIOJl-J
9.945 Applicable Erosion Control Prevention Reg1:1lations.
9.940 Applicable Erosion Control Pre\•ention Reg1:1lations, City of Springfield UTZ
LC09 LEGREV 2020 04 14.docx 9-vii

Exhibit A
!At left margin ind icates changes LEGISLATIVE
Stril(ethre1-.1gh indicates material being deleted
Lane Code
CHAPTER 9 CONTENTS
CLEAR LAKE WATERSHED BOATl~JG ReGULATIO~lS

9.950 Clear bake Watershed BoatiAg Reg1:1lati0As.
E~ll=ORCEM HJT
9.990 Fail1:1re to CoA~ply.
LC09 LEGREV 2020_04_ 14.docx 9-ii

Exhibit A
Strikethr011gh indicates material being deleted
9.990 Lane Code 9.992
(2) Applicability. These Clear Lake Watershed Boating Regulations shall apply to parce ls or
portions of parcels, and all subdivision lots located in whole or in part within the Clear Lake Watershed as
defined in LC 16.258(2). For purposes of these Clear Lake Watershed Boating Regulations, "Lakes" shall
mean Clear Lake and Collard Lake in western Lane County, Oregon.
(3) Boating shall be allowed on the Lakes, subject to the following restrictions:
(a) Boats shall be sanitized prior to being launched into the lakes to prevent introduction
of foreign organisms harmful to the lakes including, but not limited to, eurasian water milfoil.
(b) Motorboat speed within I 00 feet of the water supply inlet on the southwest corner of
Clear Lake shall not exceed I 0 mph.
(c) Motorboat operators shall provide regular maintenance of the boat motor so as not to
harm the waters of the Lakes. (Revised by Ordinance No. 6-98. Effe ctive 12.2.98)
ENFORCEMENT

(1) A failure to comply with any provision of this chapter, except LC 9.020 through 9.028, LC
9.120 through 9.160 and 9.900, shall constitute a Class 1 failure to comply and shall be handled in
accordance with LC Chapter 5.
(2) Any person may sign a County notice of failure to comply with LC 9.035.
(3) The Director of the Lane County Department of Health and Human Services, or duly
authorized representative, may sign notices of failure to comply for LC 9.200, 9.500, 9.550 and 9.600. The
Director of the Lane County Department of Public Works, the Manager of the Land Management Division,
or their duly authorized representative, may sign a notice of failure to comply for LC 9.117, 9.300, or 9.410.
Subject to available resources, the Director of the Department of Public Safety for Lane County, or the
Director's authorized representative, may issue a notice of failure to comply for persons not in compliance
with LC 9.950.
(4) Each day in which a failure to comply with LC 9.554, 9.558, 9.560, or 9.564 continues
constitutes a separate failure to comply.
(5) At the expiration of the period set by the County for correction of any failure to comply with
LC sections 9.310 through 9.370, the County shall again inspect the dwelling. If the condition has not been
corrected, the responsible owner or occupant may be cited for failure to comply.
(6) Violation of LC 9.135 shall be subject to the procedures of LC 9.145 and the penalty as
specified in LC 9.150. (Revised by Ordinance No. 20-72, Effective 10.13. 72; 5-73, 8.4. 73; 9-73, 8. 15.73; 10-74, 8.23.74; 7-
75, 5. 16.75; 7-84, 7.27. 84; 9-90, 1.18. 91; 6-98, 12.2. 98; 1-00, 4. 12.00; 6-00. 7. /.00; 13-07, /. // .08)
EMERGENCY COVID-19 LODGING

(1) On March 17, 2020 the Lane County Board of Com missioners in Lane County Board Order
20-03-17-06 declared a state of emergency as a result of the COVID-19 pandemic.
(2) The Lane County Board of Commissioners, acting in its capacity as the Lane County Board
of Health, finds that there is an immediate need to provide shelter for certain vulnerable individuals
to slow the spread of COVID-19.
of Health, finds that some local Transient Lodging businesses as that term is defined in ORS
320.300(11), have refused to accept payment for Transient Lodging by payment with a County
procurement card or in the form of a valid voucher whose payment is either subsidized by the County
or a County contractor.
LC09 LEGREV 2020_04_14.docx 9-46 LC9

Exhibit A
jAt left margin indicates changes LEG ISLATIVE
Bold indicates material being added FO RMAT
StrikethreHgh ind icates material being deleted
9.993 Lane Code 9.996
of Health, finds that providing temporary housing for certain vulnerable individuals in local
Transient Lodging as that term is defined in ORS 320.300(11), will be effective in slowing the spread
of the COVID-19 virus.
(5) The Lane County Board of Com missioners, acting in its capacity as the Lane County Board
of Health, finds that because of the immediate risk to public health there is a public health emergency
that requires that the provisions of this ordinance take effect immediately upon adoption by the
Board of Health and is necessary for the immediate preservation of the public peace, health, and
safety.
9.993 Definitions
As used in Lane Code sections 9.992-9.999 the following words or terms have the following meanings:
"Business'' means any sole proprietorship, partnership, joint venture, corporation, company,
association or other entity formed for the purposes that include profit-making involved in the
provision of Transient Lodging.
"County" or "Lane County" means all of Lane County, including incorporated jurisdictions
and unincorporated areas.
"Department" means the Lane County Health & Human Services Department, and any
agency or Person designated by the Department to enforce or administer the provisions of
Lane Code sections 9.992-9.999.
"Person" means any natural Person or Business.
"Proprietor" means a Person with an ownership or managerial interest in a Business. A
managerial interest is deemed to exist when a Person can or does have or share ultimate
control over day-day operations of a Business.
"Public Body" has the same meaning as that term in the Oregon Tort Claims Act and all
administrative rules and Oregon appellate court opinions interpreting this term.
"Reasonable Rate" means the rate charged by the Business for the Transient Lodging on
January 1, 2020.
"Transient Lodging" has the same meaning as that term in ORS 320.300(11) and all
"Valid Voucher" means a voucher authorized by Lane County for a payment ofa hotel room
for quarantining purposed during the COVID-19 pandemic.

No Proprietor of a Business providing Transient Lodging may refuse to accept payment of a
reasonable rate for Transient Lodging by County procurement card or in the form of a valid voucher
whose payment is either subsidized by the County or a County contractor.

(1) Any Proprietor or Business violating Lane Code Section 9.99.t may be fined up to $1000.00
dollars for each voucher declined by the Proprietor or Business.
(2) Sections 9.992-9.999 hereby do not change or affect any other sections in Lane Code
Chapter 9.

(1) Any appeal of a fine imposed pursuant to Lane Code Section 9.995 must be made writing
to the Department Director within thirty (30) from the mailing by the County of the notice of penalty.
(2) The Director shall issue a written response to an appeal within thirty (30) days of the receipt
of the appeal.
LC09 LEGREV 2020_04_ 14.docx 9-47 LC9

Exhibit A
IAt left margin indicates changes LEG ISLATIVE
Strikethre1:1 gh indicates material being deleted
9.997 Lane Code 9.999
(3) An appeal of the Director's decision may be made in writing to the Lane County
Administrator by filing a request for review of the Director's decision within thirty (30) days of the
Director's decision. The decision of the Lane County Administrator is final.

(1) Lane County agrees to be responsible for any damages caused to the Transient Lodging's
facility or property in a room paid for with a County procurement card or a valid voucher.
(2) Any claim for damages under this subsection must be made in the form of a written request
documenting the damages caused to the Transient Lodging.
(3) Any claim for damages under this subsection must be made to the Lane County Risk
Manager with sixty (60) days of the discovery of the damage.
(4) Nothing in this subsection is intended to waive any other requirements of Oregon law
necessary to make a claim for damages against a public body.
(5) Nothing in this subsection is intended to limit the County's ability or remedies at law or
equity to seek recovery from the individual or individuals responsible for causing the damage.
9.998 Emergency.
The Lane County Board of Health linds that the COVID-19 pandemic creates a public health
emergency and the provisions of Lane Code Chapter 9 Sections 9.992-9.999 shall become effective
immediately upon adoption by the Lane County Board of Health.
9.999 Expiration.
The provisions of Lane Code Chapter 9 Section 9.992-9.999 will automatically expire at
midnight on December 31, 2020 unless renewed by the Lane County Board of Commissioners acting
in its capacity as the Lane County Board of Health.
LC09 LEGREY 2020_04_14.docx 9-48 LC9

Exhibit A
Lane Code
CHAPTER 9 CONTENTS
ENV IRONMENT AND HEALTH

SOLID WASTE POLICY AND AUTHORITY
9.010 Definitions.
REGULATIONS AND ENFORCEMENT
9.020 Illegal Dumping and Penalty
9.022 Violation of Posted Restrictions of Use.
9.023 Non-Payment of Fees.
9.024 Destruction of Public Property.
9.026 Interference with Official Duties.
9.027 Failure to Identify.
9.028 False lnformation.
9.030 Disposal - Public Place; Private Property.
9.035 Solid Waste Hauling.
9.040 Deposits Prohibited.
9.045 Salvage and Other Orders by Manager.
URBAN GROWTH AREA RECYCLING REGULATIONS
9.060 Urban Growth Area Recycling Regulations.
SOLID WASTE SYSTEM BENEFIT FEE
9.080 Solid Waste System Benefit Fee.
9.085 Solid Waste System Benefit Fee Collection, Remittance, and Reporting.
9.090 Calculation of Solid Waste System Benefit Fee.
9.095 Examination of Records.
9.1 00 Confidential Character of lnformation Obtained.
9.105 Collection Actions.
9. 11 5 lnjunctive Relief.
RESTRICTION ON USE OF SOLID FUEL SPACE HEATING DEVICES
9. 125 Definitions.
9.130 Area of Applicability.
9.135 Prohibitions.
9 .140 Exemption for Economic Need.
9 .145 Enforcement.
9.150 Penalties.
REGULATIONS OF TRAVELERS' ACCOMMODATIONS, RECREATION
PARKS, ORGANIZATIONAL CAMPS, PUBLIC SWIMMING POOLS AND
BATHHOUSES. RESTAURANTS, COMMISSARIES, MOBILE UNITS AND
VENDING MACHINES
9.200 Purpose.
9.205 Definitions.
9.210 Adoption of the Rules of the Oregon State Health Division.
9.2 15 Enforcement of Rules of the Oregon State Health Division.
MINIMUM STANDARDS OF FITNESS FOR RENTAL OCCUPANCY
9.300 Purpose and Scope.
9.305 Definitions.
9.310 Water.
LC09 BCCVER 2020 04 14.docx 9-i

Lane Code
CHAPTER 9 CONTENTS
9.315 Sanitary Plumbing Fixtures.

9.320 Kitchen Sink.
9.325 Plumbing Fixtures.
9.330 Heating Facilities.
9.335 Electric Service.
9.340 Lighting, Ventilation and Egress.
9.345 Rubbish and Garbage.
9.350 Structure.
9 .360 Continuation of Services.
9.365 Responsibilities of Owners and Occupants.
9.370 Lease of Dwellings.
9.375 Inspection.
9.385 Actions by County.
9.390 Entry into Dwellings by Inspector.
9.400 Exemptions.
SEWER CONNECTION
9.410 Purpose.
9.415 Definitions.
9.425 Connection.
9.430 Exception.
9.435 Notice.
9.445 Nuisance.
9.450 Enforcement.
PUBLIC HEALTH
9.500 Public Health
DECLARATION OF DANGER TO PUBLIC HEALTH
9.505 Definitions.
9 .5 I 0 Purpose.
9.525 Declaration of Danger to Public Health.
SAFE DRINKING WATER PROGRAM
9.550 Purpose.
9.552 Definitions.
9.564 Licenses.
FOOD HANDLER CERTIFICATE
9.600 Definitions.
9.610 Adoption of the State Division of Health Rules, Regulations and Statutes.
9.620 Notification by Restaurant.
9.627 Time in Which to Acquire Certification of Training in Anti-Choking
Maneuvers.
9.630 Examination.
9.635 Notification of Temporary Restaurants.
9.640 Examination for Temporary Restaurant.
LC09 BCCVER 2020_ 04_ 14.docx 9-ii

Lane Code
CHAPTER 9 CONTENTS
9.650 Fees.
9.660 Revocation of Permit.
9.665 Review.
9.675 Diseased Persons May Not Work.
9.680 Certificate Exclusive and Valid Throughout Lane County and the State of
Oregon.
9.690 Effective Date.
TOBACCO REGULATIONS
9.700 Definitions.
9.715 Possession, Distribution and Use by Person Under Age 21.
9.720 Non-Retaliation.
9.754 Limits on Eligibility for a Tobacco Retailer License.
9.756 Application Procedure.
9.758 Issuance of License.
9.760 License Renewal and Expiration.
9.762 Licenses Nontransferable.
9.764 License Conveys a Limited, Conditional Privilege.
9.766 Fee for License.
9.780 Smoke and Tobacco-free Facilities and Grounds
SEWAGE FACILITIES MANAGEMENT REGULATIONS
9.805 Definitions.
9.8 10 Scope and Applicability.
9.8 15 Rules and Fees.
9.820 DEQ Compliance.
9.825 Management Corporation Provisions.
9.830 Existing Statutes, Rules and Regulations - Conflicts.
9.835 Management Corporation Contract.
9.840 Management Corporation Contract Enforcement.
9.845 Financial Solvency.
9.850 Maintenance and Operation - Management and Purchaser.
9.855 Right to Enter on Purchaser's Property.
9.860 Restoration.
9.865 Purchaser's Right to Perfonn Work.
9.870 Approval of Management Corporations.
9.875 Annual Review.
TREE CONSERVATION AND PROTECTION
9.900 Description and Purpose.
9.905 Definitions.
9.910 Pennit Required.
9.915 Exemptions.
LC09 BCCVER 2020_04_14.docx 9-iii

Lane Code
CHAPTER 9 CONTENTS
9.920 Application Review Criteria.

9.925 Permit Process.
9.930 Pennit Requirements .
9.940 Enforcement.
EROS JON PREVENTION
9.945 Applicable Erosion Control Prevention Regulations.
9.946 Applicable Erosion Control Prevention Regulations, City of Springfield
UTZ
CLEAR LAKE WATERSHED BOA TING REGULATIONS
9.950 Clear Lake Watershed Boating Regulations.
ENFORCEMENT
EMERGENCY COVID-1 9 LODGING
9.993 Definitions
9.998 Emergency.
9.999 Expiration.
LC09 BCCYER 2020 04 14.docx 9-iv

9.990 Lane Code 9.992
(2) Applicability. These Clear Lake Watershed Boating Regulations shall apply to parcels or
portions of parcels, and all subdivision lots located in whole or in part within the Clear Lake Watershed as
defined in LC 16.258(2). For purposes of these Clear Lake Watershed Boating Regulations, " Lakes" shall
mean Clear Lake and Collard Lake in western Lane County, Oregon.
(3) Boating shall be allowed on the Lakes, subject to the following restrictions:
(a) Boats shall be sanitized prior to being launched into the lakes to prevent introduction
of foreign organisms harmful to the lakes including, but not limited to, eurasian water milfoil.
(b) Motorboat speed within 100 feet of the water supply inlet on the southwest corner of
Clear Lake shall not exceed I0 mph.
(c) Motorboat operators shall provide regular maintenance of the boat motor so as not to
harm the waters of the Lakes. (Revised by Ordinance No. 6-98, Effective 12.2.98)
ENFORCEMENT

(1) A failure to comply with any provision of this chapter, except LC 9.020 through 9.028, LC
9.120 through 9.160 and 9.900, shall constitute a Class I failure to comply and shall be handled in
accordance with LC Chapter 5.
(2) Any person may sign a County notice of failure to comply with LC 9.035.
(3) The Director of the Lane County Department of Health and Human Services, or duly
authorized representative, may sign notices of failure to comply for LC 9.200, 9.500, 9.550 and 9.600. The
Director of the Lane County Department of Public Works, the Manager of the Land Management Division,
or their duly authorized representative, may sign a notice of failure to comply for LC 9.117, 9.300, or 9.410.
Subject to available resources, the Director of the Department of Public Safety for Lane County, or the
Director's authorized representative, may issue a notice of failure to comply for persons not in compliance
with LC 9.950.
(4) Each day in which a failure to comply with LC 9.554, 9.558, 9.560, or 9.564 continues
constitutes a separate failure to comply.
(5) At the expiration of the period set by the County for correction of any failure to comply with
LC sections 9.310 through 9.370, the County shall again inspect the dwelling. If the condition has not been
corrected, the responsible owner or occupant may be cited for failure to comply.
(6) Violation of LC 9. 135 shall be subject to the procedures of LC 9. 145 and the penalty as
specified in LC 9.150. (Revised by Ordinance No. 20-72, Effective 10. 13. 72; 5-73, 8.4. 73; 9-73, 8. 15.73; 10-74, 8.23. 74; 7-
75, 5. 16.75; 7-84, 7. 27. 84; 9-90. 1.18.91; 6-98. 12.2.98; 1-00. 4. 12.00; 6-00, 7.1.00; 13-07, l . //.08)
EMERGENCY COVID-19 LODGING

(I) On March 17, 2020 the Lane County Board of Commissioners in Lane County Board Order 20-
03-17-06 declared a state of emergency as a result of the COVlD-19 pandemic.
(2) The Lane County Board of Commissioners, acti ng in its capacity as the Lane County Board of
Health, finds that there is an immediate need to provide shelter for certain vulnerable individuals to slow
the spread ofCOVID-19.
(3) The Lane County Board of Commissioners, acting in its capacity as the Lane County Board of
Health, finds that some local Transient Lodging businesses as that term is defined in ORS 320.300(11),
have refused to accept payment for Transi ent Lodging by payment with a County procurement card or in
the form of a valid voucher whose payment is either subsidized by the County or a County contractor.
Health, finds that providing temporary housing for certain vulnerable individuals in local Transient Lodging
as that term is defined in ORS 320.300(11), will be effective in slowing the spread of the COVID-19 virus.
LC09 BCCVER 2020_04_ 14.docx 9-44 LC9

9.993 Lane Code 9.997
Health, finds that because of the immediate risk to public health there is a public health emergency that
requires that the provisions of this ordinance take effect immediately upon adoption by the Board of Health
and is necessary for the immediate preservation of the public peace, health, and safety.
9.993 Definitions
As used in Lane Code sections 9.992-9.999 the following words or terms have the following meanings:
" Business" means any sole proprietorship, partnership, joint venture, corporation, company,
association or other entity formed for the purposes that include profit-making involved in the
provision of Transient Lodging.
"County" or " Lane County" means all of Lane County, including incorporated jurisdictions and
unincorporated areas.
"Department" means the Lane County Health & Human Services Department, and any agency or
Person des ignated by the Department to enforce or administer the provisions of Lane Code sections
9.992-9.999.
" Person" means any natural Person or Business.
"Proprietor" means a Person with an ownership or managerial interest in a Business. A managerial
interest is deemed to exist when a Person can or does have or share ultimate control over day-day
operations of a Business.
"Public Body" has the same meaning as that term in the Oregon Tort Claims Act and all
"Reasonable Rate" means the rate charged by the Business for the Transient Lodging on January
I, 2020.
"Transient Lodging" has the same meaning as that term in ORS 320.300( 11) and all admi nistrative
rules and Oregon appellate court opinions interpreting this term.
"Valid Voucher" means a voucher authorized by Lane County fo r a payment of a hotel room for
quarantining purposed during the COVID-19 pandemic.

No Proprietor of a Business providing Transient Lodging may refuse to accept payment of a
reasonable rate for Transient Lodging by County procurement card or in the form of a valid voucher whose
payment is either subsidized by the County or a County contractor.

(1) Any Proprietor or Business violating Lane Code Section 9.994 may be fined up to $ 1000.00
dollars for each voucher declined by the Proprietor or Business.
(2) Sections 9.992-9.999 hereby do not change or affect any other sections in Lane Code Chapter 9.

( I) Any appeal of a fine imposed pursuant to Lane Code Section 9.995 must be made writing to the
Department Director within thirty (30) from the mailing by the County of the notice of penalty.
(2) The Director shall issue a written response to an appeal within thirty (30) days of the receipt of
the appeal.
(3) An appeal of the Director's decision may be made in writing to the Lane County Adm inistrator
by filing a request for review of the Director's decision within thirty (30) days of the Director's decision.
The decision of the Lane County Administrator is final.

(I) Lane County agrees to be responsible for any damages caused to the T ransient Lodging's facility
or property in a room paid for with a County procurement card or a valid voucher.
LC09 BCCVER 2020_04_14.docx 9-45 LC9

9.998 Lane Code 9.999
(2) Any claim for damages under this subsection must be made in the form of a written request
documenting the damages caused to the Transient Lodging.
(3) Any claim for damages under this subsection must be made to the Lane County Risk Manager
with sixty (60) days of the discovery of the damage.
(4) Nothing in this subsection is intended to waive any other requirements of Oregon law necessary
to make a claim for damages against a public body.
(5) Nothing in this subsection is intended to limit the County's ability or remedies at law or equity
to seek recovery from the individual or individuals responsible for causing the damage.
9.998 Emergency.
The Lane County Board of Health finds that the COVID-19 pandemic creates a public health
emergency and the provisions of Lane Code Chapter 9 Sections 9.992-9.999 shall become effective
immediately upon adoption by the Lane County Board of Health.
9.999 Expiration.
The provisions of Lane Code Chapter 9 Section 9.992-9.999 will automatically expire at midnight
on December 31 , 2020 unless renewed by the Lane County Board of Commissioners acting in its capacity
as the Lane County Board of Health.
LC09 BCCVER 2020_04_14.docx 9-46 LC9

Lane County Proposed Ordinance

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Lane County Proposed Ordinance

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AGENDA COVER MEMO

Memorandum Date: April 14, 2020

Order Date: April 21, 2020 (Date of First Reading)

May 5, 2020 (Date of Second Reading/Public Hearing)

TO: Lane County Board of County Commissioners Sitting Also as

DEPARTMENT: Health & Human Services

PRESENTED BY: Karen Gaffney, Director

AGENDA ITEM TITLE: ORDINANCE 20-03/ IN THE MATTER OF AMENDING LANE

a. April 21, 2020:

b. May 5, 2020: Alternate Motions after the Public Hearing

i. Move to Approve Ordinance No. 20-03, as Presented.

ii. Move to Set a Third Reading and to Direct Staff to further

II. AGENDA ITEM SUMMARY

Ill. BACKGROUND/IMPLICATIONS OF ACTION

A. Board Action and Other History

D. Financial and/or Resource Consideration

Staff has included the current amount of fine as a placeholder. Staff

The potential health implications of not quarantining patients awaiting

Notice of the Board of Commissioners meetings addressing the proposed

1. Approve Ordinance 20-03 with the options selected by category of proposed

H&HS recommends approval of Option 1 above.

ORDINANCE NO: 20-03 In the Matter of Amending Lane County

1. Lane Code Chapter 9 is amended by making the additions as depicted in Exhibit

4. If any section, subsection , sentence, clause, phrase, or portion of this Ordinance

5. An emergency is hereby declared to exist and this ordinance, being enacted by

ENACTED this_ day of_ _ _ _ _ _ _ , 2020

Heather Buch, Chair

Recording Secretary for this Meeting of the Board

LANE COUNTY OFFICE OF LEGAL COUNSEL

ENVIRONMENT AND HEALTH

LC09 LEGREV 2020_04_ 14.docx 9- i

9.300 Purpose and Scope.

LC09 LEGREV 2020_04_ 14.docx 9-ii

9.620 Notification by Restaurant.

LC09 LEGREV 2020_04_14 .docx 9-iii

LC09 LEGREV 2020_04_ 14.docx 9-iv

9.Q4Q Depesits Prehieited.

LC09 LEGREV 2020 04 14.docx 9-v

9.380 Request for Inspection.

9.670 Food Handler Certificates.

9.690 Effecti"'e Date.

LC09 LEGREV 2020 04 14.docx 9-vi

9.710 Requirements and Prohibitions.

LC09 LEGREV 2020 04 14.docx 9-vii

CLEAR LAKE WATERSHED BOATl~JG ReGULATIO~lS

LC09 LEGREV 2020_04_ 14.docx 9-ii

9.990 Failure to Comply.

EMERGENCY COVID-19 LODGING

9.992 Purpose and Findings.

LC09 LEGREV 2020_04_14.docx 9-46 LC9

9.994 Requirements and Prohibitions.

9.995 Penalties and Enforcement.

9.996 Appeal of Penalty.

LC09 LEGREV 2020_04_ 14.docx 9-47 LC9

9.997 Responsibility for Damages.

LC09 LEGREY 2020_04_14.docx 9-48 LC9

ENV IRONMENT AND HEALTH

LC09 BCCVER 2020 04 14.docx 9-i

9.315 Sanitary Plumbing Fixtures.

LC09 BCCVER 2020_ 04_ 14.docx 9-ii

LC09 BCCVER 2020_04_14.docx 9-iii

9.920 Application Review Criteria.

LC09 BCCYER 2020 04 14.docx 9-iv