City of Roseburg, OR GENERAL PROVISIONS AND DEFINITIONS

The following words and phrases whenever used in the ordinances of the City of Roseburg, Oregon, shall be construed as defined in this Section unless from the context a different meaning is intended, or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:

"Airport"

means the Roseburg Regional Airport.

"Airport industrial park"

means that property described as: All of Block 1; all of Block 2; Lots 2 and 3 of Block 3, all of Block 4, all of Block 5 and all of Block 67 as shown on the Airport Park Preliminary Plat Subdivision, so designated to create and continue development with design standards and safeguards for the general welfare of the City and occupants of the Park.

"Alley"

means a narrow street through the middle of a block.

"Bike path"

means a designated thoroughfare for bicycles.

"Building"

means any building, structure or facility.

"Business"

means professions, trades, occupations, shops and every kind of calling carried on for profit or livelihood.

"Business day"

means any 24-hour day other than a Saturday, Sunday or when the City Manager's Office is closed to the public.

"Charter"

means the Roseburg City Charter of 2023 as amended or any successor document.

"City"

means the City of Roseburg, Oregon, or the area within the territorial limits of the City of Roseburg, Oregon, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision.

"City engineer"

means the person or firm, not hired as an employee of the City, but named as City Engineer by contract signed by the City Manager and designated to perform this function.

"City manager"

means the fully appointed City Manager of the City or the Manager's designee. Design-ee shall be appointed pursuant to Chapter 2.08 of this Code.

"City recorder"

means the person designated by the City Manager as the City Recorder and as the chief elections officer and records manager of the City, or the City Recorder's designee.

"Code"

means the Roseburg Municipal Code as now or hereafter amended.

"Community development director"

means the person designated by the City Manager as Community Development Director, or the Community Development Director's designee.

"Computation of time"

means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day be Saturday or a legal holiday as defined by ORS, that day shall be excluded.

"Council"

means the City Council of the City of Roseburg, Oregon. "All its members" or "all Councilors" mean the total number of Councilors provided for by the Charter and ordinances of the City.

"County"

means the County of Douglas, Oregon.

"Development"

means any man-made change to improved or unimproved real estate, including, but not limited to, the construction, alteration or use of buildings, division of land, creation of private or public streets, construction of public and private utilities and facilities, mining, excavation, grading, installation of fill, open storage of materials, or any other activity specifically regulated by the provisions of this Code. Except when in conjunction with other development, installation of less than 3,000 square feet of asphalt or other impervious paving surfaces shall not be included in this definition.

"Elected official"

means elected officials of the City of Roseburg.

"Finance director"

means the person designated by the City Manager as Finance Director, or the Finance Director's designee.

"Fire chief"

means the person designated by the City Manager as Fire Chief, or the Fire Chief's designee.

"Following"

means next after.

"Holidays"

means those holidays designated by ORS.

"Law"

denotes applicable federal law, the constitution and statutes of the State of Oregon, the ordinances of the City of Roseburg, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

"May"

is permissive.

"Mayor"

means the duly elected and qualified Mayor of the City.

"Mayor pro-tem"

means the Council President when acting as Mayor during the Mayor's absence or the Councilor acting as Mayor during the absence of both the Mayor Pro-tem and Council President.

"Merchant"

means a person:

Whose business is dealing in goods or services;

Who by occupation claims to have knowledge or skill peculiar to the practices or the goods or services involved in the transaction of business; or to whom such knowledge or skill may be attributed by the employment of an agent or broker or other intermediary who claims to have such knowledge or skill; or

Who is an itinerant vendor or peddler going from place to place, house to house, or who locates on private property of another business with a permanent location within the City, who, as principal or agent of another sells or offers to sell, goods, wares, merchandise or services, by sample or by catalog, to persons who are not merchants.

"Month"

means a calendar month.

"Must" and "shall"

each mean mandatory.

"Oath"

shall be construed to include an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

"ORS"

means Oregon Revised Statutes.

"Or"

may be read "and" and "and" may be read "or" if the sense requires it.

"Ordinance"

means a law of the City; provided that a temporary or special law, administrative action, order or directive, may be in the form of a resolution.

"Owner"

applied to a building or land includes any part owner, joint owner, tenant in common, joint ten-ant or tenant by the entirety, of the whole or a part of such building or land.

"Parkway"

means that portion of a street not used as a roadway or as a sidewalk.

"Person"

means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

"Personal property"

includes money, goods, chattels, things in action and evidences of debt.

"Petitioner"

means an individual responsible for submission of a formal written request.

"Police chief"

means the person designated by the City Manager as Police Chief, or the Police Chief's designee.

"Preceding"

means next before.

"Property"

includes real and personal property.

"Property owner"

means the person shown as the owner of record, or person purchasing property through a land sale contract, on the latest tax rolls or deed records of Douglas County.

"Public way"

means any street, road, alley, right-of-way, pedestrian or bicycle easement, or utility easement for public use which is controlled by the City.

"Public works director"

means the person designated by the City Manager as Public Works Director, or the Public Works Director's designee and also means Utility Director or Utility Director's designee.

"Purchasing agent"

means the person(s) designated by the City Manager to purchase materials, parts, equipment, supplies and services, to prepare specifications and bid invitations and evaluate bid responses.

"Real property"

includes lands, tenements and hereditaments.

"Regular working hours"

means the hours between 8:00 a.m. and 5:00 p.m., Monday through Friday, except City holidays.

"Sidewalk"

means the improved part of the street right-of-way intended for pedestrian use lying between the curb line or the edge of the roadway or traveled portion of the street and the adjacent property line. "Sidewalk" also means the improved part of a public pedestrian easement or bicycle path.

"Sign"

means a flyer, bill, placard, poster or advertisement of any kind.

"State"

means the State of Oregon.

"Street"

includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.

"Tenant" and "Occupant"

applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others.

"Title of office."

Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the City.

"Uniform fire code"

means the version of the Uniform or Oregon Fire Code as adopted by the State Fire Marshal.

"Utility director"

means the person designated by the City Manager as Public Works Director, or the Public Works Director's designee.

"Written" includes printed, typewritten or copied.

"Year"

means a calendar year.

All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent.

(Ord. 2984 § 1, 1996; Ord. 3015 § 1, 1998; Ord. 3057 § 2, 1999; Ord. 3180 § 1, 2004; Ord. 3203 § 1, 2005; Ord. 3389 § 1, 2012; Ord. 3592 § 1, 2023)