Chapter 433

      433.405 to 433.495

LAW REVIEW CITATIONS: 51 OLR 495, 504-508 (1972)

      433.441 to 433.452

NOTES OF DECISIONS

      When faced with public health emergency, Governor may declare state of emergency under ORS chapter 401 or public health emergency under ORS chapter 433. Elkhorn Baptist Church v. Brown, 366 Or 506, 466 P3d 30 (2020)

      Time limit on public health emergency does not apply to state of emergency declared under ORS chapter 401. Elkhorn Baptist Church v. Brown, 366 Or 506, 466 P3d 30 (2020)

      433.735 to 433.770

NOTES OF DECISIONS

      Permit requirement is content-neutral time, manner and place regulation that does not infringe on free speech rights guaranteed by United States Constitution. Southern Oregon Barter Fair v. Jackson County, Oregon, 372 F3d 1128 (9th Cir. 2004)

      433.745

NOTES OF DECISIONS

      Permit requirement is content-neutral time, manner and place regulation that does not infringe on free speech rights guaranteed by United States Constitution. Southern Oregon Barter Fair v. Jackson County, Oregon, 372 F3d 1128 (9th Cir. 2004)

      433.750

NOTES OF DECISIONS

      Limitation on amount of described fee does not prevent local government from assessing additional fees for county services other than receiving, processing and reviewing application. Fence v. Jackson County, 135 Or App 574, 900 P2d 524 (1995)

      Permit requirement is content-neutral time, manner and place regulation that does not infringe on free speech rights guaranteed by United States Constitution. Southern Oregon Barter Fair v. Jackson County, Oregon, 372 F3d 1128 (9th Cir. 2004)

      When read with 2013 version of ORS 433.745, where applicant for county outdoor mass gathering permit received permit, applicant was not required to demonstrate compliance with land use regulations regarding permanent improvements to land and county was not required to consider applicant’s compliance with land use laws in evaluating application for permit. Thomas v. Wasco County, 284 Or App 17, 392 P3d 741 (2017), Sup Ct review denied

      433.755

NOTES OF DECISIONS

      Mandate that determination of need for liability insurance be determined upon review of application prevents use of across-the-board insurance policy requirement. Fence v. Jackson County, 135 Or App 574, 900 P2d 524 (1995)

      433.805 to 433.830

ATTY. GEN. OPINIONS: Administration of medication to students by public school employee, (1982) Vol 42, p 307

      433.835 to 433.875

NOTES OF DECISIONS

      Local governments are not preempted from adopting more stringent limitations on smoking than mandated under statewide standards. Oregon Restaurant Association v. City of Corvallis, 166 Or App 506, 999 P2d 551 (2000)