Every incorporated city or municipal corporation owning or
controlling any lands without its boundaries may enact any police or
penal ordinance necessary to protect the same or preserve the peace and
order therein or regulate the use of such park, enforce the ordinance by
penalties of fine or imprisonment and make arrests and serve process of
courts therein or upon persons therein or thereon in like manner and with
like effect as the same might be enacted or enforced within its corporate
limits. 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]
The board of park commissioners of the city shall be composed of the
mayor and city engineer, if there is one, and if not, the city auditor,
together with five citizens thereof, to be appointed by the circuit court
in which the city is located. If there is more than one circuit judge in
the circuit in which the city is 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 same political party.The question whether ORS 226.110 to 226.240 shall take effect
in a city shall be decided by election as provided in this section. The
governing body may submit the question to the electors of the city at an
election on a date specified in ORS 221.230. The election shall be
conducted under ORS chapters 246 to 260. [1983 c.350 §54 (enacted in lieu
of 226.130)] The commissioners
shall organize at a meeting thereof, to be called by the mayor not less
than 30 nor more than 60 days after appointment of the commissioners is
complete. The mayor shall be chairperson of the board. Whenever a vacancy
occurs in the board appointed under ORS 226.120, the proper judge or
judges shall fill the vacancy. Commissioners shall not receive
compensation for their services as such. The board shall appoint a secretary,
who shall keep an accurate record of all proceedings of the board,
including all rules and regulations adopted for government or use of the
parks. The city treasurer shall be treasurer
of the board. The treasurer shall keep an accurate account of all moneys
received and paid out on account of the board apart from all other
accounts, and shall pay out no moneys on account of the board, except
upon a warrant drawn upon the treasurer by the chairperson or acting
chairperson, countersigned by the secretary or acting secretary, of the
board. The rules and regulations of the
board for violation of which penalties are fixed shall be made public, as
the board determines.
Regular meetings of the board shall be held on the first Tuesday of each
month. Special meetings may be called by the chairperson upon application
of three members of the board. No business shall be transacted at any
meeting of the board without the presence of three or more of the
commissioners. No land shall be purchased without concurrence of a
majority of the board. No commissioner shall
be interested in any contract to which the board of which the
commissioner is a member is a party or in which it is interested. The board, at any of its regular
meetings, may assess a tax, not exceeding one-half mill on the dollar in
any one year, upon the taxable property of the city of which it is the
board. This tax shall be collected like other city taxes and when so
collected shall be exclusively under the control of the commissioners,
and shall be exclusively used for park purposes according to their
judgment. (1) The board shall have
full and exclusive 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 a police 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 the parks.
(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 one offense and shall be collected as other fines and
penalties are collected in the city where such offense is committed.
(f) Acquire title by purchase, gift, devise or otherwise, to any
land it deems desirable for parks, the title to be taken in the name of
the city.
(2) The board shall disburse all moneys appropriated, given,
received or collected for the improvement or use of the parks.
(3) All contracts for the purchase of land for park purposes shall
be made by the board.
(4) If the board, being desirous of acquiring any land for any
park, cannot agree with the owner as to the amount to be paid therefor,
the board may proceed in the circuit court of the county in which the
land is situated, as provided in ORS 223.005 to 223.020 for the
appropriation of such land for park purposes. (1) If necessary, the
board may provide for payment of land purchases under ORS 226.210 (1)(f)
by a special tax, not to exceed one-half mill on the dollar in any one
year, on taxable property in the city, 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 official in such cases, the city council, in the manner
provided in subsection (3) of this section, shall submit the proposition
of the special tax levy to electors of 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 collected as 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 provided by ORS 226.200. [Amended by 1983 c.350 §55] If the
governing body of a city with a park board created under ORS 226.120
decides that the city should abolish the board and transfer its powers,
functions and duties, as defined in ORS 226.110 to 226.220, to the
governing body of the city, the governing body shall submit the question
of the transfer to the electors of the city. The election shall be held
on a date specified in ORS 221.230. [Amended by 1983 c.350 §56] If the electors of
the city approve abolition of the park board under ORS 226.230, the park
commission shall cease and the offices of park commissioner terminate
within 30 days after the returns of the election have been canvassed.
Thereafter, all powers, functions and duties of the park commission shall
be exercised and performed by the city council or city commission
exclusively, to the same extent as if those powers, functions and duties
had originally been vested in and exercised by the city council or the
city commission. [Amended by 1983 c.350 §57]PARKS, MEMORIALS AND OTHER PUBLIC GROUNDS IN CITIES OF 5,000 OR MORE(1) As used in ORS 226.320 to 226.400, “city” means any
incorporated city having 5,000 inhabitants or more.
(2) The taking, using, acquiring and appropriating of private
property for any purpose specified in ORS 226.320 to 226.390 is declared
to be done for public use. Whenever
the municipal authorities determine by ordinance to do so, the city may
purchase, acquire, take, use, enter upon and appropriate land and
property within or without 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, sites or buildings for meeting places for such war veterans,
auto campgrounds, playgrounds or comfort stations.
(2) Enlarging any public square, park, auto campground, playground
or comfort station. The city may purchase,
acquire, take, use, enter upon and appropriate land and property in
excess of what may be needed for any public squares, parks or playgrounds. (1) In the ordinance
providing for an appropriation under ORS 226.330, the municipal
authorities shall specify and describe the land authorized to be taken,
purchased, acquired, used and appropriated. Such land shall not embrace
more than 200 feet beyond the boundary line of the property to be used
for the public squares, parks or playgrounds in order to protect the same
by resale of the neighboring property with restrictions whenever the
council determines thereon by ordinance.
(2) The council shall declare in the ordinance that the control of
the neighboring property within 200 feet of the boundary lines of the
public squares, parks or playgrounds 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.After so much land and property referred to in ORS 226.330 as is
needed has been appropriated for public squares, parks or playgrounds,
the municipal authorities of the city may by ordinance authorize the sale
of the remainder of such land or property and impose such restrictions in
any deed of resale as may be deemed necessary or proper. The ordinance
shall specify correctly and describe the land or property to be sold, and
the restrictions in regard to the use thereof. The restrictions shall
fully insure the protection of the public squares, parks, or playgrounds,
their environs, the preservation of the view and appearance, light, air,
health or usefulness thereof, whenever the council shall by ordinance
determine thereon and which are to be imposed and inserted in the deed of
resale. The
proceeds from resale of any neighboring property taken in excess of what
may be necessary for actual construction, opening, widening, extending
and laying out of any public square, park or playground as provided in
ORS 226.310 to 226.390 shall be deposited in the city treasury and used
in payment of interest and as a sinking fund to retire any bond issues
authorized under ORS 226.390. Any surplus arising from such transaction
shall be turned over to and for the use of the park department of the
city. Before selling
the neighboring lands or property acquired under ORS 226.320 to 226.360,
or any part thereof or any right or interest therein, the municipal
authorities of the city shall give a notice of such sale by publication
for five successive days in one or more daily newspapers of the city
having a general circulation therein and by posting a similar notice in
two conspicuous places in or upon the property described and referred to
in the notice. The notice shall describe the property to be sold and
shall state any restrictions under which the property will be sold and
the terms of sale. The notice shall further state that sealed proposals
will be received by an officer of the city named in the notice at the
office of the officer for such purchase until the day and hour named
therein. At the time appointed, such municipal authority shall open the
proposals and shall either award to the highest responsible bidder for
the purchase of the property; or at their discretion, reject any or all
bids, and readvertise in the manner provided in this section. When it is intended by the
municipal authorities of the city to take, use and appropriate private
property for any of the purposes mentioned in ORS 226.320 to 226.340 and
the owners and the municipal authorities cannot agree upon compensation
and damages arising therefrom, compensation and damages shall be
considered, ascertained, determined, awarded and paid in the manner
provided by general laws relative to condemnation or by such means as may
be prescribed by the city charter for widening, opening, laying out or
extending streets, or for acquiring private property for park purposes,
at the option of the municipal authorities. The municipal
authorities may issue bonds for the costs and expenses of acquiring the
private property for any of the purposes mentioned in ORS 226.320 to
226.380. The bonds shall be at such rate of interest and for such length
of time as the municipal authorities determine, shall be advertised and
sold in such manner as the municipal authorities determine and shall be a
general obligation of the city. The municipal authorities shall, at the
time of issuing the bonds, make provisions for the payment of interest
and a sinking fund for the retirement thereof.The city may permit and authorize the following uses
of parks, which are lawful uses of any grounds or premises dedicated as
public parks, unless the use thereof for such purposes is forbidden by
the terms of the conveyance creating such parks:
(1) The erection and construction of memorial monuments and
buildings.
(2) Pioneer memorials and pioneer museums.
(3) Memorials and monuments to United States war veterans.
(4) Buildings for meeting places of pioneer associations or
veterans upon any public park within the limits of the city. [Amended by
2005 c.22 §172]MUNICIPAL CEMETERIESAny incorporated city may acquire, own, maintain and
operate cemeteries and crematoria either inside or outside its corporate
limits, in accordance with such plans as the city governing body deems
best. Any
incorporated city may acquire, by purchase or gift, any ground or other
property belonging to any cemetery association, situate within the
corporate limits of the city, for the purpose of owning, controlling or
operating such cemetery and the interment of the body of any deceased
person therein, or the disinterment and removal to a different cemetery
of the body of any person buried therein, or for any other purpose. Whenever any cemetery
association transfers to any incorporated city, as provided in ORS
226.420, the ground and property of such cemetery association, from and
after such transfer the city shall have exclusive control of such
cemetery and all property connected therewith. Any incorporated city acquiring
incorporated cemetery association property as provided in ORS 226.420,
may sell or otherwise dispose of any lots or blocks situate in and being
a part of such cemetery in the manner prescribed by the common council of
such city.
All cities owning and controlling lands, lots or parcels of ground used
for cemetery purposes may expend, for the purpose of beautifying, caring
for and keeping up all such lands and premises, such public funds as have
been included for that purpose in their annual budget.ABANDONED CEMETERIESIt hereby is found and declared:
(1) That there exists within municipal corporations of the state,
cemeteries which have been abandoned and cemeteries which have
deteriorated and become dilapidated and overgrown with weeds, trees,
shrubs or other uncontrolled growth.
(2) That such cemeteries, by reason of their unsightly appearance,
fire hazard, and by reason of their providing a place of concealment
conducive to criminal activities and juvenile delinquency, constitute a
menace to the health, safety, morals and welfare of the residents of such
municipal corporations; and that these conditions necessitate the use of
public funds for crime prevention, fire protection, control of juvenile
delinquency, accident protection and other public services and facilities.
(3) That the clearance and removal of such cemeteries are public
uses and purposes for which public money may be spent, private property
acquired, and are governmental functions of municipal and state concern.
(4) That the varied nature of ownership of cemetery plots, the
diverse ownership of land, the difficulty of locating interested persons,
the existence of unknown graves and remains and other conditions prevent
an orderly removal of such remains and clearance of such cemeteries, and
because of such conditions, it is in the public interest that such
cemeteries be acquired by municipal corporations by eminent domain or
otherwise, for the orderly removal of such remains to other suitable
place or places and the discontinuance of such cemeteries and the
exercise of the power of eminent domain, and the financing of the
acquisition and preparation of land by a municipal corporation for
disinterment and reinterment is declared a public use and purpose. [1953
c.298 §1] As used in ORS
226.510 to 226.630:
(1) “Abandoned cemetery” means any cemetery in which no remains of
deceased persons have been interred for a period of five years.
(2) “Cemetery” means any tract of land set apart by deed, will or
otherwise, for a burial ground, or for the purpose of interring the
remains of deceased persons.
(3) “Diligent search” means a search as shall be reasonably
calculated to discover:
(a) Graves from the existence of monuments, contour of land and
terrain, fencing, curbing and other evidences of the location of graves;
and
(b) The location of human remains and the determination as to
whether or not a given plot contains such remains, for which it shall be
sufficient to employ the method commonly known as probing.
(4) “Municipal corporation” means the governing body of any city
incorporated under the laws of this state.
(5) “Remains” means the remains of any deceased person.
(6) “Suitable location” means any cemetery, now in existence or
hereafter established, including a portion of any cemetery subject to the
provisions of ORS 226.510 to 226.630, where provision is made for the
perpetual care and upkeep of the graves. [1953 c.298 §2; 2005 c.22 §173]Any municipal corporation, by and through its governing body, in
addition to the powers and privileges heretofore conferred upon municipal
corporations by the laws of this state, shall for the purposes of ORS
226.530 to 226.630 have the power to:
(1) Acquire cemeteries and cemetery properties, by eminent domain,
conveyance or otherwise.
(2) Acquire real property for the purpose of reinterment of remains.
(3) Disinter remains and remove all gravestones, monuments or other
evidences of the location or existence of graves, and to move the same to
another site.
(4) Sell, lease or convey land acquired under the authority of ORS
226.530 to 226.630, or through voluntary transfers or otherwise. [1953
c.298 §3] The governing
body of any municipal corporation that has within its boundaries a
cemetery that has been abandoned, or that has deteriorated and become
neglected, and so located as to endanger the health, welfare, comfort or
safety of the public, may upon petition signed by not less than 10
percent of the electors of the municipal corporation, and filed with the
recorder, or similar officer thereof, set a date for public hearing, and
give notice thereof by publication, once a week for two successive weeks,
prior to the hearing, in a newspaper having general circulation within
the county in which the municipal corporation is located, said public
hearing to be had within 60 days after the filing of such petition. [1953
c.298 §4; 2005 c.22 §174]Upon a finding by the
governing body of a municipal corporation, after such hearing, that a
cemetery located within such corporation is abandoned, or has become
deteriorated or dilapidated and overgrown with weeds, trees, shrubs or
other uncontrolled growth, and is so located as to endanger the health,
welfare, comfort or safety of the public, and that the public welfare
requires that such cemetery be discontinued, relocated and cleared, the
governing body shall publish its findings by ordinance or resolution.
[1953 c.298 §5]Upon the adoption of a
resolution or ordinance, as provided for by ORS 226.540 and 226.550, the
governing body of said municipal corporation may provide for the
expenditure of public funds necessary for the disinterment, removal and
reinterment of remains and any and all other expenses incident thereto,
including, but not limited to, acquisition of property, cost of court
proceedings, publications, fees and other incidental expenses incurred in
connection with any proceeding under the provisions of ORS 226.510 to
226.630, and may include the same in the next annual budget of such
municipal corporation. [1953 c.298 §6] Upon the adoption by the
governing body of a municipal corporation of an ordinance or resolution,
as provided by ORS 226.540 and 226.550, such governing body shall have
the authority, by an action filed in the circuit court of the State of
Oregon for the county in which such municipal corporation is located to
condemn any cemetery subject to condemnation by the provisions of ORS
226.510 to 226.630. [1953 c.298 §7; 1979 c.284 §124] The complaint in any
suit brought under the provisions of ORS 226.510 to 226.630 shall include
as defendants the names of all record owners of lots, or plots located in
the cemetery sought to be condemned or any portion or parcel of such
cemetery, and the names of the heirs of all record owners as shown by the
probate records of the county in which such cemetery is located, and
shall include any and all other persons having or claiming any interest
of any kind or nature in such cemetery, or any lot or plot thereof, who
may be joined as defendants and designated as “all other persons or
parties having or claiming any right, title, estate or interest.” [1953
c.298 §8] The summons in the action shall be
served on all named defendants who, by diligent search, can be found, in
a like manner as service of summons in a civil action. Service of summons
on named defendants who cannot be found may be made by publication as
provided in ORCP 7. Service of summons on the defendants included in the
complaint as “all other persons or parties having or claiming any right,
title, estate or interest” may be made by publication. The manner of
making publication in the case of those defendants designated as “all
other persons or parties having or claiming any right, title, estate or
interest” shall be the same as provided in the order for publication of
summons in the case of named defendants, except that no order shall be
required. [1953 c.298 §9; 1979 c.284 §125]All such persons or parties having or claiming any right,
title, estate or interest in the real property in controversy, so served
by publication as in ORS 226.590 provided, shall have the same rights as
provided by law in case of all other defendants upon whom service is made
by publication, and the suit shall proceed against such persons in the
same manner as against defendants who are named, upon whom service is
made by publication, and with like effect; and any such persons or
parties who claim any right, title, estate or interest in said real
property in controversy, at the time of the commencement of the suit,
duly served as aforesaid, shall be found and concluded by the judgment in
such suit, and if the same is in favor of the plaintiff therein, as
effectually as if the suit was brought against such defendant by his or
her name and constructive service obtained. [1953 c.298 §10; 2003 c.576
§401]The matter of compensation, if any, shall be
determined by a jury called for such purpose; and the court shall, in
addition to other instructions, instruct that the jury shall consider the
following factors as a benefit and offset:
(1) The cost of a suitable reinterment site.
(2) The cost of preparation of site and its perpetual care and
maintenance.
(3) The cost of removal and reinterment of remains.
(4) The cost of such marker or monument as may be placed at the
site of reinterment. [1953 c.298 §11]Whenever any municipal
corporation shall have proceeded under ORS 226.510 to 226.630, and a
judgment of the court shall vest in said municipal corporation the title
to such cemetery properties, as referred to herein, by eminent domain,
such municipal corporation shall proceed with the removal of remains,
stones, monuments and any and all evidences of a grave, and provide for
reinterment in a suitable location, within a reasonable time after the
entry of a general judgment, and the expiration of the time for appeal
therefrom, or the final disposition of any appeal which may be filed in
connection with the judgment. [1953 c.298 §12; 2003 c.576 §402](1) The removal of remains, headstones and other evidence of the
locations of graves, and the clearance of the cemetery property, may be
done under the direct supervision of the governing body of the municipal
corporation, or such commission as such governing body may appoint, and
such removal, reinterment, clearance and other acts in connection with
this program shall be sufficient, if the following specific acts are done:
(a) If all of the remains that can be located within said cemetery,
after a reasonable search for such remains, as in ORS 226.520 defined,
has been conducted, are removed in a manner reasonably providing for
respectful and careful treatment of such remains, and providing for
reinterment and recommitment, in a respectful manner.
(b) If the identity of remains is preserved in so far as reasonably
practicable, having due regard to the conditions of the cemetery, the
condition and location, or dislocation of stones and monuments, and other
factors related to the particular project, and, in so far as practicable,
the identity shall be shown upon the relocation of said graves in a new
location, by the erection of suitable markers at the location of such
graves.
(c) In the event that there are remains in such cemetery which
cannot be identified, all of such remains may be interred in a section of
the new cemetery site, and the same may be marked by one suitable
monument, which shall contain the names of persons, known to have been
interred in said cemetery, but whose remains could not be identified.
(2) It shall be a complete defense, in any action brought by any
person for damages against the municipal corporation, or other persons or
organization affecting such relocation and reinterment, as above
described, upon any grounds whatever, to plead and prove a substantial
compliance with the provisions of this section. [1953 c.298 §13]PENALTIESViolation of ORS 226.190 is punishable, upon
conviction, in the same manner and to the same extent as for a crime
defined in ORS 164.043, 164.045, 164.055 and 164.057. [Amended by 1971
c.743 §347; 1987 c.907 §14]
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