Mining, park ordinances in county could change
From our weekly issue dated July 07, 2010
Changes could be coming soon to Josephine County“s ordinances covering mining and parks.
Those issues were discussed during the 50-minute long Thursday, July 1 board of commissioners meeting with legal staff at the courthouse in Grants Pass.
Legal Counsel Steve Rich said that consideration of the ordinances was postponed by the work that his office had to do on a recent settlement between the county and the American Federation of State, County & Municipal Employees union. The settlement was the result of an order from the Employment Relations Board that later was upheld by the state Court of Appeals.
Any changes to the county“s 1987 mining ordinance wouldn“t be in effect for at least 90 days, Rich said, which would occur after the summer tourism season.
Rich clarified that the ordinance is not directed at any mining operations on federal land; does not address the use of private owners on private property; and is limited in scope to small-scale, recreational activities on county property. He recommended that the board of commissioners repeal the existing ordinance, and asked if his office should move forward with drafting a new ordinance or wait until spring.
Chairman Dwight Ellis said that he didn“t want to delay adoption of the new ordinance until February. He said that if the process starts now it will take most of the winter to be enacted. Rich said that the board can accept public comments on drafts of the proposed new ordinance.
Ellis stated that the existing ordinance is out of date and that the county cannot enforce many parts of it. Rich explained that the commissioners can simultaneously adopt the new ordinance and repeal the existing one.
Commissioner Dave Toler serves as liaison to the county“s parks department and has spent several months trying to adopt a new ordinance aimed at enforcing rules at those facilities.
Leah Harper of the county legal team said that Douglas County officials told her about their parks ordinance. She said that Douglas County issues citations for violations, which are processed through Circuit Court.
Rich said that copying the Douglas County ordinance would make it unnecessary to adopt a hearings officer system for the sake of enforcing park rules.
Toler said that during a recent informal visit to a county park, he observed that 30 to 35 percent of the users did not pay the required day parking fee. Rich said that a new ordinance could focus strictly on violation and enforcement issues, and added that he could begin drafting it very soon.
“We think we“re on the right track,“ Rich said.
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