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Chapter 226 — CityParks, Memorials and Cemeteries

2009 EDITION

CITYPARKS, MEMORIALS AND CEMETERIES

CITIES

GENERALPROVISIONS

226.010 Controlof municipal corporation over property outside its boundaries

PARKCOMMISSION IN CITIES OF 3,000 OR MORE

226.110 Definitionsfor ORS 226.120 to 226.240

226.120 Compositionand selection of board of park commissioners

226.131 Voterequired for creation of park commission; conduct of election

226.140 Organizationof board; compensation

226.150 Dutiesof secretary

226.160 Dutiesof treasurer

226.170 Publicationof penalties

226.180 Meetings;participation required for business transactions

226.190 Prohibitionof interest in contracts

226.200 Taxingpower of board

226.210 Generalpowers of board; rules

226.220 Voterequired for special tax levy

226.230 Dissolutionof board and transfer of powers

226.240 Transferof functions on favorable vote

PARKS,MEMORIALS AND OTHER PUBLIC GROUNDS IN CITIES OF 5,000 OR MORE

226.310 Definitionof “city” for ORS 226.320 to 226.400; public character of use

226.320 Authorityto acquire land for certain purposes

226.330 Appropriationin excess of needs

226.340 Termsof appropriation ordinance

226.350 Saleof excess land; restrictive covenants in deed of resale

226.360 Applicationof proceeds from sale of excess land

226.370 Noticeand conduct of sale of excess land

226.380 Condemnationprocedure

226.390 Financingof projects by bond issues

226.400 Constructionof memorials or veterans’ facilities in parks within city limits

MUNICIPALCEMETERIES

226.410 Authorityto establish cemeteries and crematoria within or without city limits

226.420 Acquisitionof property of cemetery association

226.430 Controlby city after conveyance

226.440 Saleof lots by city

226.450 Authorityto expend funds for maintenance of cemeteries

ABANDONEDCEMETERIES

226.510 Abandonedcemeteries declared a menace to public health, safety and welfare; acquisitionand removal of such cemeteries declared to be public uses

226.520 Definitionsfor ORS 226.510 to 226.630

226.530 Powersof city to acquire and remove cemeteries to another site

226.540 Publichearing concerning abandoned cemetery

226.550 Governingbody to publish resolution or ordinance upon finding that cemetery should be discontinued

226.560 Citymay expend public funds for disinterment, removal and reinterment of remainsfrom abandoned cemetery

226.570 Powerof city to condemn cemetery

226.580 Partiesdefendant to suit to condemn

226.590 Serviceof summons

226.600 Effectof service by publication on persons or parties in interest

226.610 Compensationfor condemned property determined by jury; factors considered

226.620 Citywhich acquires abandoned cemetery to proceed with disinterment, removal andreinterment of remains

226.630 Actsto be done by city in disinterring, removing and reinterring remains;compliance with section a defense in action for damages

PENALTIES

226.990 Penalties

GENERALPROVISIONS

226.010Control of municipal corporation over property outside its boundaries. Everyincorporated city or municipal corporation owning or controlling any landswithout its boundaries may enact any police or penal ordinance necessary toprotect the same or preserve the peace and order therein or regulate the use ofsuch park, enforce the ordinance by penalties of fine or imprisonment and makearrests and serve process of courts therein or upon persons therein or thereonin like manner and with like effect as the same might be enacted or enforcedwithin its corporate limits.

PARKCOMMISSION IN CITIES OF 3,000 OR MORE

226.110Definitions for ORS 226.120 to 226.240. As used in ORS 226.120 to 226.240,unless the context requires otherwise:

(1)“Board” means board of city park commissioners.

(2)“City” means incorporated city containing not less than 3,000 inhabitants.

(3)“Commissioner” means city park commissioner. [Amended by 2005 c.22 §171]

226.120Composition and selection of board of park commissioners. The board ofpark commissioners of the city shall be composed of the mayor and cityengineer, if there is one, and if not, the city auditor, together with fivecitizens thereof, to be appointed by the circuit court in which the city islocated. If there is more than one circuit judge in the circuit in which the cityis located, the appointment shall be made by all the judges acting together.Not more than three citizens so appointed to the board shall be of the samepolitical party.

226.130 [Repealed by1983 c.350 §53 (226.131 enacted in lieu of 226.130)]

226.131Vote required for creation of park commission; conduct of election. The questionwhether ORS 226.110 to 226.240 shall take effect in a city shall be decided byelection as provided in this section. The governing body may submit thequestion to the electors of the city at an election on a date specified in ORS221.230. The election shall be conducted under ORS chapters 246 to 260. [1983c.350 §54 (enacted in lieu of 226.130)]

226.140Organization of board; compensation. The commissioners shall organize at ameeting thereof, to be called by the mayor not less than 30 nor more than 60days after appointment of the commissioners is complete. The mayor shall bechairperson of the board. Whenever a vacancy occurs in the board appointedunder ORS 226.120, the proper judge or judges shall fill the vacancy.Commissioners shall not receive compensation for their services as such.

226.150Duties of secretary.The board shall appoint a secretary, who shall keep an accurate record of allproceedings of the board, including all rules and regulations adopted forgovernment or use of the parks.

226.160Duties of treasurer.The city treasurer shall be treasurer of the board. The treasurer shall keep anaccurate account of all moneys received and paid out on account of the boardapart from all other accounts, and shall pay out no moneys on account of theboard, except upon a warrant drawn upon the treasurer by the chairperson oracting chairperson, countersigned by the secretary or acting secretary, of theboard.

226.170Publication of penalties. The rules and regulations of the board forviolation of which penalties are fixed shall be made public, as the boarddetermines.

226.180Meetings; participation required for business transactions. Regularmeetings of the board shall be held on the first Tuesday of each month. Specialmeetings may be called by the chairperson upon application of three members ofthe board. No business shall be transacted at any meeting of the board withoutthe presence of three or more of the commissioners. No land shall be purchasedwithout concurrence of a majority of the board.

226.190Prohibition of interest in contracts. No commissioner shall be interested inany contract to which the board of which the commissioner is a member is a partyor in which it is interested.

226.200Taxing power of board. The board, at any of its regular meetings, mayassess a tax, not exceeding one-half mill on the dollar in any one year, uponthe taxable property of the city of which it is the board. This tax shall becollected like other city taxes and when so collected shall be exclusivelyunder the control of the commissioners, and shall be exclusively used for parkpurposes according to their judgment.

226.210General powers of board; rules. (1) The board shall have full andexclusive control of all parks within or connected with its respective city.For that purpose it may:

(a)Lay out and improve such parks.

(b)Appoint all necessary engineers, surveyors and all other employees, including apolice force to act in the parks and fix the amount of their compensation.

(c)Do all acts needful and proper for the protection, care or improvement of theparks.

(d)Make all necessary rules or regulations for the use or government of the parks.

(e)Affix penalties for breaches of the rules or regulations made under paragraph(d) of this subsection. These penalties shall not exceed $20 for any oneoffense and shall be collected as other fines and penalties are collected inthe city where such offense is committed.

(f)Acquire title by purchase, gift, devise or otherwise, to any land it deemsdesirable for parks, the title to be taken in the name of the city.

(2)The board shall disburse all moneys appropriated, given, received or collectedfor the improvement or use of the parks.

(3)All contracts for the purchase of land for park purposes shall be made by theboard.

(4)If the board, being desirous of acquiring any land for any park, cannot agreewith the owner as to the amount to be paid therefor, the board may proceed inthe circuit court of the county in which the land is situated, as provided inORS 223.005 to 223.020 for the appropriation of such land for park purposes.

226.220Vote required for special tax levy. (1) If necessary, the board may providefor payment of land purchases under ORS 226.210 (1)(f) by a special tax, not toexceed one-half mill on the dollar in any one year, on taxable property in thecity, to be levied by the board and collected like other city taxes.

(2)Before such tax shall be levied and upon written application of the board,signed by its chairperson and secretary and filed with the proper city officialin such cases, the city council, in the manner provided in subsection (3) ofthis section, shall submit the proposition of the special tax levy to electorsof the city at an election on a date specified in ORS 221.230.

(3)If the proposition is approved, the special tax shall be levied and collectedas provided in ORS 226.200; otherwise the levy shall not be made.

(4)This section does not apply to the ordinary tax for park purposes as providedby ORS 226.200. [Amended by 1983 c.350 §55]

226.230Dissolution of board and transfer of powers. If the governing body of a citywith a park board created under ORS 226.120 decides that the city shouldabolish the board and transfer its powers, functions and duties, as defined inORS 226.110 to 226.220, to the governing body of the city, the governing bodyshall submit the question of the transfer to the electors of the city. The electionshall be held on a date specified in ORS 221.230. [Amended by 1983 c.350 §56]

226.240Transfer of functions on favorable vote. If the electors of the city approveabolition of the park board under ORS 226.230, the park commission shall ceaseand the offices of park commissioner terminate within 30 days after the returnsof the election have been canvassed. Thereafter, all powers, functions andduties of the park commission shall be exercised and performed by the citycouncil or city commission exclusively, to the same extent as if those powers,functions and duties had originally been vested in and exercised by the citycouncil or the city commission. [Amended by 1983 c.350 §57]

PARKS,MEMORIALS AND OTHER PUBLIC GROUNDS IN CITIES OF 5,000 OR MORE

226.310Definition of “city” for ORS 226.320 to 226.400; public character of use. (1) As used inORS 226.320 to 226.400, “city” means any incorporated city having 5,000inhabitants or more.

(2)The taking, using, acquiring and appropriating of private property for anypurpose specified in ORS 226.320 to 226.390 is declared to be done for publicuse.

226.320Authority to acquire land for certain purposes. Whenever themunicipal authorities determine by ordinance to do so, the city may purchase,acquire, take, use, enter upon and appropriate land and property within orwithout its corporate limits for the purpose of:

(1)Public squares, parks, memorial monuments or buildings, pioneer memorials,pioneer museums, memorials and monuments to United States war veterans, sitesor buildings for meeting places for such war veterans, auto campgrounds,playgrounds or comfort stations.

(2)Enlarging any public square, park, auto campground, playground or comfortstation.

226.330Appropriation in excess of needs. The city may purchase, acquire, take,use, enter upon and appropriate land and property in excess of what may beneeded for any public squares, parks or playgrounds.

226.340Terms of appropriation ordinance. (1) In the ordinance providing for anappropriation under ORS 226.330, the municipal authorities shall specify anddescribe the land authorized to be taken, purchased, acquired, used andappropriated. Such land shall not embrace more than 200 feet beyond theboundary line of the property to be used for the public squares, parks orplaygrounds in order to protect the same by resale of the neighboring propertywith restrictions whenever the council determines thereon by ordinance.

(2)The council shall declare in the ordinance that the control of the neighboringproperty within 200 feet of the boundary lines of the public squares, parks orplaygrounds is reasonably necessary in order to protect the public squares,parks or playgrounds, their environs, the preservation of the view, appearance,light, air, health or usefulness thereof.

226.350Sale of excess land; restrictive covenants in deed of resale. After so muchland and property referred to in ORS 226.330 as is needed has been appropriatedfor public squares, parks or playgrounds, the municipal authorities of the citymay by ordinance authorize the sale of the remainder of such land or propertyand impose such restrictions in any deed of resale as may be deemed necessaryor proper. The ordinance shall specify correctly and describe the land or propertyto be sold, and the restrictions in regard to the use thereof. The restrictionsshall fully insure the protection of the public squares, parks, or playgrounds,their environs, the preservation of the view and appearance, light, air, healthor usefulness thereof, whenever the council shall by ordinance determinethereon and which are to be imposed and inserted in the deed of resale.

226.360Application of proceeds from sale of excess land. The proceedsfrom resale of any neighboring property taken in excess of what may benecessary for actual construction, opening, widening, extending and laying outof any public square, park or playground as provided in ORS 226.310 to 226.390shall be deposited in the city treasury and used in payment of interest and asa sinking fund to retire any bond issues authorized under ORS 226.390. Anysurplus arising from such transaction shall be turned over to and for the useof the park department of the city.

226.370Notice and conduct of sale of excess land. Before selling the neighboringlands or property acquired under ORS 226.320 to 226.360, or any part thereof orany right or interest therein, the municipal authorities of the city shall givea notice of such sale by publication for five successive days in one or more dailynewspapers of the city having a general circulation therein and by posting asimilar notice in two conspicuous places in or upon the property described andreferred to in the notice. The notice shall describe the property to be soldand shall state any restrictions under which the property will be sold and theterms of sale. The notice shall further state that sealed proposals will bereceived by an officer of the city named in the notice at the office of theofficer for such purchase until the day and hour named therein. At the timeappointed, such municipal authority shall open the proposals and shall eitheraward to the highest responsible bidder for the purchase of the property; or attheir discretion, reject any or all bids, and readvertise in the mannerprovided in this section.

226.380Condemnation procedure.