NOTICE OF RECEIPT OF BALLOT TITLE
Notice hereby is given that the Elections Officer of the City of Lincoln City, on March 28, 2016, received from the City Attorney a ballot title for a Prospective Initiative Petition 16COLC122-6.
The text of the ballot title is:
Caption: 10 words.
Authorizes Private Code Enforcement, Caps Continuing Fines, Restricts City Attorney
Question: 20 words.
Should Charter be amended to authorize private persons to prosecute citizens for code violations and to impose daily fine cap?
Summary: 175 words.
Oregon law permits a City to limit who can issue citations for code violations. In 2014, City adopted state limitations on private complaints, restricting such complaints to certain offenses like traffic. In 2015, City removed 1982 code language referring to citizen citations. The measure would reverse Council actions and amend Charter and Code to authorize private persons to issue citations for City code violations found in the Charter, Code and state laws adopted by reference. The measure goes further and will “authorize by law” the private person to appear in Court and prosecute the case like an attorney or police officer, including the presentation of evidence, cross examination and argument. Measure adds ORS 153 language to the Code (already incorporated in 2014), however other changes include:
* Imposing a cap on continuing (daily) violations at 10 days –a person violating for 100 days could only be cited for 10 days.
* Restricting City Attorney and other City “agents” from communicating with defendants.
* Requiring statement of rights.
* Restricting City’s ability to enter property for inspection.
* Lowering minimum fines.
Pursuant to ORS 250.296, any elector of Lincoln City who is dissatisfied with the above ballot title may file a Petition with Lincoln County Circuit Court to seek a different ballot title, no later than the seventh (7th) business day (April 6, 2016) after the title is filed with the City elections officer. The petition must state the reasons the above ballot title is insufficient, not concise, or unfair. The petition shall name as respondent the City Attorney. An elector filing a petition must notify the City Elections Officer in writing that the petition has been filed. The notice must be given not later than 5 p.m. on the next business day following the date the petition is filed.
Any person wishing to review a copy of the petition referring the measure to the voters, may obtain a copy from the Office of the City Recorder at City Hall, Third Floor, 801 SW Highway 101, Lincoln City, Oregon 97367; telephone (541) 996-1203.