Municipal Code / Title 3 / Title 3 Chapter 1 General Offenses

3-01 General Offenses

3-01.01 Introductory Provisions

3-01.01-10 Oregon Criminal Code Adopted

Violation of a provision of ORS Chapters 162, 163, 164, 165, 166 and 167, except ORS 167.122, as now constituted, is an offense against this City.

3-01.01-20 Definitions

The definitions contained in the Oregon Criminal Code of 1971, as now constituted, are adopted by reference and made a part of this chapter. Except where the context clearly indicates a different meaning, the definitions appearing in the general definition and other sections of particular articles of the Code are applicable throughout this chapter.

3-01.02 Disorderly Conduct and Related Offenses

3-01.02-10 Disorderly Conduct at Fires

No person at or near a fire shall obstruct or impede the fighting of the fire, interfere with Fire Department personnel or Fire Department apparatus, behave in a disorderly manner, or refuse to observe promptly an order of a member of the Fire or Police Department.

3-01.02-20 Drinking in Public Places

No person shall drink or consume alcoholic liquor in or on a street, alley, mall, parking lot or structure, motor vehicle, public grounds or other public place unless the place has been licensed for that purpose by the Oregon Liquor Control Commission. Provided, however, consumption of alcoholic liquor is permitted in a park when a permit has been obtained from the City.

3-01.02-30 Unnecessary Noise

No person shall create or assist in creating or permit the continuance of unreasonable noise in the city. The following enumeration of violations of this section is not exclusive but is illustrative of some unreasonable noises.

• A. Keeping an animal including, dogs, ducks, and geese that would create, by loud and frequent or continued noise, a disturbance in the comfort and repose of a person in the vicinity.
• B. Using an engine, thing or device that is so loaded, out of repair or operated in such a manner as to create a loud or unnecessary grating, grinding, rattling or other noise.
• C. Using a mechanical device operated by compressed air, steam or otherwise, unless the noise created by it is effectively muffled.
• D. Construction, excavation, demolition, alteration or repair of a building between the hours of 6:00 PM and 7:00 AM, except by special permit granted by the City extending operation from 6:00 PM to 9:00 PM during summer months.
• E. Using or operating an automatic or electric piano, phonograph, loudspeaker or sound-amplifying device so loudly that it disturbs persons in its vicinity, or in a manner that makes it a public nuisance. However, on application to the Council, permits may be granted to responsible persons or organizations to broadcast music, news, speeches or general entertainment.

3-01.03 Weapons and Fireworks

3-01.03-10 Concealed Weapons

Except as provided in ORS 166.260 and 166.291, no person shall carry concealed on his person or conceal in a vehicle a revolver, pistol or other firearm; a knife other than an ordinary pocket knife; a dirk, dagger or stiletto; metal knuckles; or any weapon that could be used to inflict injury on a person or the property of another. For purposes of this section, an ordinary pocket knife is one with a maximum blade length of three and one half (3 1/2) inches that is not a switchblade or spring-blade knife.

3-01.03-20 Discharge of Weapons

Except at firing ranges approved by the Chief of Police and City Council, no person other than a police officer shall fire or discharge a gun, including a spring or air actuated pellet gun, BB gun, crossbow, or any other weapon which propels a projectile by use of gunpowder or other explosive, jet or rocket propulsion.

3-01.03-30 Fireworks

The following sections of the Oregon Fireworks Law are adopted by reference and made a part of this chapter: ORS 481.110, 480.120, 480.130, 480.140(1), and 480.150.

3-01.04 Offenses Relating to Property

3-01.04-10 Violating Privacy of Another

• A. No person other than a peace officer performing a lawful duty shall enter on land or into a building used in whole or in part as a dwelling that is not the person’s own without permission of the owner or person entitled to possession and while so trespassing look through or attempt to look through a window, door or transom of the dwelling, or that part of the building used as a dwelling, with the intent to violate the privacy of another person.

3-01.05 Sexual and Related Offenses

3-01.05-10 Public Indecency

No person shall, while in or in view of a public place, perform:

• A. An act of sexual intercourse;
• B. An act of deviant sexual intercourse;
• C. An act of exposing his/her genitals with the intent of arousing the sexual desire of himself/herself or another person; or
• D. An act of urination or defecation except in toilets provided for that purpose.

3-01.06 Offenses Relating to Minors

3-01.06-10 Endangering Welfare of Minor

• A. No person shall employ a person under eighteen (18) years of age in or about a card room, poolroom, billiard parlor or dance hall, unless the establishment is a “recreational facility” as defined in 3-01.06-20.C.
• B. No person shall solicit, aid, abet or cause a person under eighteen (18) years of age to:
  • 1. Violate a law of the United States or a State, or to violate a City or County regulation; or
  • 2. Run away or conceal himself from a person or institution having lawful custody of the minor.

3-01.06-20 Places of Amusement

• A. No person under eighteen (18) years of age shall enter, visit or loiter in or about a public card room, poolroom or billiard parlor.
• B. No person operating or assisting in the operation of a public card room, poolroom or billiard parlor shall permit a person under eighteen (18) years of age to engage in a game of cards, pool, billiards, dice or games of chance, for amusement or otherwise.
• C. This section shall not apply to playing billiards or pool in a recreational facility. As used in this section, “recreational facility” means an area, enclosure or room in which facilities are offered to the public to play billiards or pool for amusement only and:
  • 1. Is clean, adequately supervised, adequately lighted and ventilated;
  • 2. No alcoholic liquor is sold or consumed; and
  • 3. Where access does not require passing through a room where alcoholic liquor is sold or consumed.

3-01.06-30 Providing Liquor to Minors

No person shall sell, give, furnish, serve or otherwise make available any alcoholic liquor to a minor except as provided in 3-01.06-50.

3-01.06-40 Purchase or Possession of Liquor by Minor

• A. Except as provided 3-01.06-50 no minor shall attempt to purchase, purchase or acquire, or have in his/her possession alcoholic liquor.
• B. For the purposes of this section, possession of alcoholic liquor includes the acceptance or consumption of a bottle of such liquor, or any portion of it, or a drink of such liquor.

3-01.06-50 Lawful Consumption of Liquor by Minor

Nothing in this chapter shall be construed as prohibiting the following:

• A. A parent or guardian of a minor giving the minor alcoholic liquor and permitting the minor to consume it within the home of the parent or guardian as provided in ORS 471.410(2): or
• B. Sacramental wine given or provided as part of a religious rite or service.

3-01.06-60 Purchase of Property from Minors

No person shall purchase any property or article of value from a minor, or have dealings respecting the title of property in the possession of a minor without the written consent of the parent or guardian of the minor.

3-01.07 Offenses Relating to Animals

3-01.07-10 Cruelty to Animals

• A. Except as otherwise authorized by law, no person shall intentionally or recklessly:
  • 1. Subject any animal under human custody or control to cruel mistreatment;
  • 2. Subject any animal under his custody or control to cruel neglect;
  • 3. Kill without legal privilege any animal under the custody or control of another, or any wild bird.
• B. As used in this article, “animal” includes birds.

3-01.07-20 Poisoning Animals

No person shall place or distribute any poison or other substance4 with the intent of poisoning any animal, except those animals commonly recognized as pests or rodents.

3-01.08 Obstructing Governmental Administration

3-01.08-10 False Reports

No person shall knowingly make or file a false, misleading or unfounded statement or report concerning the violation or alleged violation of a City regulation or the commission or alleged commission of a crime with the Police Department, the City Attorney or a police officer engaged in his/her official duties.

3-01.08-20 Resisting or Refusing to Aid Officer

• A. No person shall resist a peace officer acting in the performance of official duties; or, when requested to do so, refuse to assist such officer in the performance of official duties; or hinder, delay or obstruct the officer acting in the performance of official duties.
• B. As used in this section, “resist” refers to the ordinary meaning of the term.
• C. It is no defense to a prosecution under this section that the peace officer lacked legal authority to make an arrest if the officer was acting under color of official authority.

3-01.08-30 Police and Fire Communications

No person shall operate any generator or electromagnetic wave or cause a disturbance of a magnitude that interferes with the proper functioning of a Police or Fire Department radio communication system.

3-01.08-40 Deliveries to Prisoners

No person shall deliver, by any means, intoxicating liquor, dangerous drugs or narcotic drugs, as defined by State law, to a person confined in the City detention facility or attempt to convey or deliver any article to a person without the consent of the officer in charge.

3-01.09 Street and Sidewalk Offenses

3-01.09-10 Obstruction of Building Entrances

No person shall obstruct an entrance to a building or loiter unnecessarily about or near an entrance, stairway or hall leading to a building.

3-01.09-20 Open Cellar Doors or Grates

No owner or person in charge of property shall permit a cellar door or grate located in or on a sidewalk or public pathway to remain open unless the entrance is being used and, when being used, there are adequate safeguards for pedestrians using the sidewalk.

3-01.09-30 Obstruction of Fire Hydrants

No owner of property adjacent to a street upon which a fire hydrant is located shall place or maintain a bush, shrub or tree or other obstruction within eight (8) feet of the fire hydrant.

3-01.09-40 Vending Goods on Streets or Sidewalks

No person shall use or occupy a portion of a street or sidewalk for the purpose of vending goods, wares or merchandise by public outcry unless a license has been obtained.

3-01.10 Miscellaneous

3-01.10-10 Gambling

• A. Except as provided by 3-01.10-10.B, no person shall engage in social games or gambling within the city.
• B. Gambling does not include Bingo or Lotto when operated by a charitable, fraternal or religious organization when no person other than the organization or a player profits in any manner from the operation of the lottery and when the organization has complied with the provisions of Chapter 464 of the Oregon Revised Statutes.
• C. For the purposes of this section, “gambling,” “social games,” and “Bingo and Lotto” are defined as provided by ORS 167.117.

3-01.10-20 Lodging

No person shall lodge in a car, outbuilding or other place not intended for that purpose without permission of the owner or person entitled to possession.

3-01.10-30 Notices and Advertisements

• A. No person shall attach or cause to be attached a placard, bill, advertisement or poster upon real or personal property, whether public or private, without first securing permission from the owner or person in control of the property. This section shall not be construed as an amendment to or a repeal of any City regulation of the use and location of signs.
• B. This section does not prohibit the distribution of noncommercial material.

3-01.10-40 Hauling

No person shall haul sand, gravel, rock, wood or other substance in a vehicle or conveyance that is so constructed or in such condition as to allow the sand, gravel, rock, wood or other substance to fall on and litter the public streets.

3-01.11 General

3-01.11-10 Penalties

Violation of a provision of this chapter is punishable by a fine not to exceed five hundred dollars ($500). However, if a violation of a provision is identical to a State statute with a lesser penalty, punishment shall be limited to the lesser penalty prescribed in State law.

3-01.11-20 Nuisance Abatement

No provision in this chapter shall preclude abatement of a nuisance as provided in Chapter 3-02 of this Code.

3-01.11-30 Application of State Statutes

Provisions of the Oregon Criminal Code of 1971, as now constituted, relating to defenses, burden of proof, general principles of criminal liability, parties, and general principles of justification apply to offenses defined and made punishable by this chapter.