Bill Text: OR HB2963 | 2013 | Regular Session | Introduced

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Bill Title: Relating to the authority of municipalities to regulate the use of sidewalks; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2963 Detail]

Download: Oregon-2013-HB2963-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3149

                         House Bill 2963

Sponsored by COMMITTEE ON JUDICIARY

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Provides that state law may not be construed implicitly to
preempt city's authority to control or regulate use of sidewalks.
Provides that city may not impose penalty greater than $250 fine
under municipal laws relating to use of sidewalks.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the authority of municipalities to regulate the use
  of sidewalks; amending ORS 221.410; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 221.410 is amended to read:
  221.410. (1) Except as limited by express provision or
necessary implication of general law, a city may take all action
necessary or convenient for the government of its local affairs.
   { +  (2)(a) Nothing in the criminal or general law of the
state, other than a limitation by express provision, shall be
construed to preempt a city's authority to control or regulate,
through a civil municipal ordinance or administrative regulation,
the use of the sidewalks within the city.
  (b) A municipal ordinance or administrative regulation
controlling or regulating the use of sidewalks may not impose a
penalty greater than the penalty for a Class D traffic
violation. + }
    { - (2)(a) - }   { + (3)(a) + } A city may not, unless
authorized to do so by its electors, contract a voluntary
floating indebtedness in excess of the sum of $5,000 for general
city purposes. A city official or employee who creates or
officially approves such an indebtedness in excess of the
limitation shall be liable for the amount of the excess.
  (b) Notwithstanding paragraph (a) of this subsection, a city
may contract a voluntary floating indebtedness in excess of the
sum of $5,000 for general city purposes without an election
specifically approving the indebtedness if authorized to do so by
a statute or charter.
    { - (3) - }   { + (4) + } As used in this section, 'city' has
the meaning given that term in ORS 221.010.
  SECTION 2.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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