5.73.010 Definitions.

City Code Section

(Amended by Ordinances 185827, 185960, 187339, 187610, 191037 and 191605, effective March 1, 2024.) 

  1. For the purposes of this paragraph, the following definitions apply unless the context requires a different meaning.
  2. A. “Arts teachers” means teachers who provide instruction in any arts discipline, including dance, music, theatre, or visual art.
  3. B. “Catchment” means the geographical area from which an elementary school within a District draws its students.  
  4. C. “Charter school” means a school offering a comprehensive institutional program as defined under ORS Chapter 338.  The charter school will be included in the school district if sponsored by the school district or the State Board of Education, provided that the school district is the fiscal agent for state school funds for the charter school and the charter school has both Portland catchment and Portland K-5 students.
  5. D. “City Arts Program” means the City’s internal program and its staff who work with City bureaus, Council offices, and other partners to support the City’s vibrant arts and culture ecosystem.
  6. E. “Director” means the Director of the Revenue Division, or authorized designee.
  7. F. “Gross revenues” means the total of all revenue received by the City from the Arts Education and Access Income Tax without regard to collection, administrative or other costs. 
  8. G. “Income-earning resident” means a resident who has income of $1,000 or more in the tax year.
  9. H. “Net revenues” means the revenue remaining after interest, collection, administrative and other costs and refunds are deducted from gross revenues. 
  10. I. “Portland K-5 students” means students that reside within the geographical boundary of the City that attend kindergarten through 5th grade in public schools.
  11. J. “Resident” or “resident of the City” means:
    1. 1. An individual who is domiciled in this City unless the individual:
      1. a. Maintains no permanent place of abode in the City;
      2. b. Does maintain a permanent place of abode elsewhere; and
      3. c. Spends in the aggregate not more than 30 days in the taxable year in the City; or
    2. 2. An individual who is not domiciled in the City but maintains a permanent place of abode in the City and spends in the aggregate more than 200 days of the taxable year in the City unless the individual proves that the individual is in the City only for a temporary or transitory purpose.  For purposes of this Subsection, a fraction of a calendar day will be counted as a whole day.
  12. K. “Resident” or “resident of the City” does not include:
    1. 1. An individual who is a qualified individual under section 911(d)(1) of the Internal Revenue Code for the tax year;
    2. 2. A spouse of a qualified individual under section 911(d)(1) of the Internal Revenue Code, if the spouse has a principal place of abode for the tax year that is not located in the City; or
    3. 3. A resident alien under section 7701(b) of the Internal Revenue Code who would be considered a qualified individual under section 911(d)(1) of the Internal Revenue Code if the resident alien were a citizen of the United States.
  13. L. “Schools” means those educational institutions defined as schools by the Oregon Department of Education, but do not include on-line schools. 
  14. M. “School districts” means the Portland Public, David Douglas, Centennial, Parkrose, Reynolds and Riverdale school districts.

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