TITLE 9 - Index

CHAPTER 9.04 - DEFINITIONS 
9.04.010 Definitions 


CHAPTER 9.08 - GENERAL OFFENSES 
9.08.010 Soliciting to violate provisions
9.08.020 Attempt to commit offense 


CHAPTER 9.12 - OFFENSES AGAINST PUBLIC OFFICERS AND GOVERNMENT
9.12.010 Obstructing governmental administration
9.12.020 Tampering with public records
9.12.030 Unsworn falsification
9.12.040 Impersonation
9.12.050 Resisting or refusing to aid officer
9.12.060 False reports
9.12.070 Interference with police and fire communications
9.12.080 Escape 


CHAPTER 9.16 - DISORDERLY CONDUCT AND RELATED OFFENSES
9.16.010 Assault
9.16.020 Menacing
9.16.030 Harassment
9.16.040 Recklessly endangering another person
9.16.050 Disorderly conduct
9.16.060 Intoxicated persons
9.16.070 Loitering
9.16.080 Abuse of venerated objects 


CHAPTER 9.20 - OFFENSES AGAINST PUBLIC DECENCY
9.20.010 Public Indecency
9.20.020 Soliciting Drinks
9.20.030 Penalty


CHAPTER 9.24 - OFFENSES AGAINST PROPERTY
9.24.010 Theft
9.24.020 Trespass
9.24.030 Mischief
9.24.040 Violating privacy of another 


CHAPTER 9.28 - OFFENSES BY OR AGAINST MINORS
9.28.010 Child neglect
9.28.020 Children confined in vehicles
9.28.030 Endangering welfare of minor
9.28.040 Minors and liquor
9.28.050 Places of amusement
9.28.060 Misrepresentation of age by minor


CHAPTER 9.32 - CRUELTY TO ANIMALS
9.32.010 Cruelty to animals


CHAPTER 9.36 - WEAPONS AND FIREWORKS
9.36.010 Discharge of Weapons
9.36.020 Oregon Fireworks Law Adopted
9.36.030 Jurisdiction and Enforcement
9.36.040 Violation


CHAPTER 9.40 - SOCIAL GAMES
9.40.010 Social Games Prohibited


CHAPTER 9.44 – POSSESSION OF MARIJUANA
9.44.010 Definitions
9.44.020 Possession of Marijuana
9.44.030 Penalty
9.44.040 Diversion  


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TITLE 9 - PUBLIC PEACE, MORALS AND WELFARE

CHAPTER 9.04 – DEFINITIONS

Sections:
9.04.010 Definitions

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9.04.010 Definitions . The definitions contained in the Oregon Criminal Code are adopted by reference and made a part of the ordinance codified in this title. Except where the context clearly indicates a different meaning the general definitions and the definitions appearing in the definitions and other sections of particular articles of the Oregon Criminal Code shall be applicable throughout this title. (Ord. 1455 §1, 1979).

 

 

CHAPTER 9.08 - GENERAL OFFENSES

Sections:
9.08.010 Soliciting to violate provisions
9.08.020 Attempt to commit offense


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9.08.010 Soliciting to violate provisions . No person shall solicit, conspire, employ or engage another, or confederate with another to violate a provision of the ordinance codified in this title. (Ord. 1455 §61, 1979).

9.08.020 Attempt to commit offense . A person who attempts to commit any of the offenses mentioned in this title or any other ordinance of the city, but who for any reason is prevented from consummating such act, shall be deemed guilty of an offense. (Ord. 1455 §62, 1979).

 

 

CHAPTER 9.12 - OFFENSES AGAINST PUBLIC OFFICERS AND GOVERNMENT

Sections:
9.12.010 Obstructing governmental administration
9.12.020 Tampering with public records
9.12.030 Unsworn falsification
9.12.040 Impersonation
9.12.050 Resisting or refusing to aid officer
9.12.060 False reports
9.12.070 Interference with police and fire communications
9.12.080 Escape


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9.12.010 Obstructing governmental administration . No person shall intentionally obstruct, impair or hinder the administration of law or other governmental function by means of intimidation, force or physical interference or obstacle. (Ord. 1455 §46, 1979).

9.12.020 Tampering with public records . No person shall, without lawful authority, knowingly destroy, mutilate, conceal, remove, make a false entry in or falsely alter any public record. (Ord. 1455 §47, 1979).

9.12.030 Unsworn falsification . No person shall knowingly make any false written statement to a public servant in connection with an application for any benefit. (Ord. 1455 §45, 1979).

9.12.040 Impersonation . No person shall, with intent to obtain a benefit or to injure or defraud another, falsely impersonate a public servant and do an act in such assumed character. (Ord. 1455 §48, 1979).

9.12.050 Resisting or refusing to aid officer .

A. No person shall resist any peace officer acting in the performance of his duties; or, when requested to do so, refuse to assist any such officer in the discharge of his duties; or by any means whatsoever, hinder, delay or obstruct any such officer acting in the performance of his 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, provided he was acting under color of his official authority. (Ord. 1455 §50, 1979).

9.12.060 False reports .

A. No person shall knowingly initiate a false alarm or report which is transmitted to a fire department or law enforcement agency or other organization that deals with emergencies involving danger to life or property.

B. No person shall knowingly make or file with the police department or with the city attorney or a police officer engaged in his official duties a false, misleading or unfounded statement or report concerning the violation or alleged violation of a city ordinance or the commission or alleged commission of a crime. (Ord. 1455 §49, 1979).

9.12.070 Interference with police and fire communications . No person shall operate any generator or electromagnetic wave or cause a disturbance of such magnitude as to interfere with the proper functioning of any police or fire department radio communication system. (Ord. 1455 §52, 1979).

9.12.080 Escape .

A. No person shall:

1. Knowingly escape or attempt to escape from official detention;

2. Knowingly cause, aid, assist, abet or facilitate an escape from official detention.

B. As used in this section:

1. "Escape" means an unlawful departure;

2. "Official detention" means:

a. Arrest by a peace officer,

b. Detention in a vehicle or facility for the transportation or custody of persons under arrest, charge or conviction of an offense,

c. Detention for extradition or deportation,

d. Other detention because the person detained is charged with or convicted of an offense. (Ord. 1455 §51, 1979).

 

 

CHAPTER 9.16 - DISORDERLY CONDUCT AND RELATED OFFENSES

Sections:
9.16.010 Assault
9.16.020 Menacing
9.16.030 Harassment
9.16.040 Recklessly endangering another person
9.16.050 Disorderly conduct
9.16.060 Intoxicated persons
9.16.070 Loitering
9.16.080 Abuse of venerated objects


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9.16.010 Assault . No person shall:

A. Intentionally, knowingly or recklessly cause physical injury to another;

B. With criminal negligence cause physical injury to another by means of a deadly weapon. (Ord. 1455 §2, 1979).

9.16.020 Menacing . No person shall by word or conduct intentionally attempt to place another person in fear of imminent serious physical injury. (Ord. 1455 §3, 1979).

9.16.030 Harassment . No person shall, with intent to harass, annoy or alarm another person or subject another to offensive physical contact. (Ord. 1552 §1, 1984: Ord. 1455 §8, 1979).

9.16.040 Recklessly endangering another person . No person shall recklessly engage in conduct which creates a substantial risk of serious physical injury to another person. (Ord. 1455 §4, 1979).

9.16.050 Disorderly conduct . No person shall, with intent to cause public inconvenience, annoyance or alarm, or by recklessly creating a risk thereof:

A. Engage in fighting or in violent, tumultuous or threatening behavior;

B. Use fighting words or obscene language, or make an obscene gesture in a public place;

C. Disturb any lawful assembly of persons without lawful authority;

D. Obstruct vehicular or pedestrian traffic in or on a public way, sidewalk, walkway, public place, and street or road way;

E. Congregate with other persons in a public place and refuse to comply with a lawful order of the police to disperse;

F. Initiate or circulate a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency;

G. Create a hazardous or physically offensive condition by any act which he is not licensed or privileged to do. (Ord. 1455 §5, 1979).

9.16.060 Intoxicated persons .

A. Any person who is intoxicated in a public place may be taken or sent to his home or to a treatment facility by the police. However, if the intoxicated person is incapacitated, his health appears to be in immediate danger, or the police have reasonable cause to believe the person is dangerous to himself or to any other person; he may be taken by the police to an appropriate treatment facility. A person shall be deemed incapacitated when he is unable to make a rational decision as to the acceptance of assistance.

B. The director of the treatment facility shall determine whether a person shall be admitted, or referred to another treatment facility, or denied referral or admission. If he is incapacitated or his health appears to be in immediate danger, or if the director has reasonable cause to believe the person is dangerous to himself or to any other person, he must be admitted.

C. In the absence of any treatment facility, an intoxicated person who would otherwise be taken by the police to a treatment facility may be taken to the city jail, where he may be held until he is no longer intoxicated or incapacitated.

D. Unless the person has within twenty-four hours applied for voluntary admission to the treatment facility, he shall be discharged.

E. An intoxicated person taken into custody by the police for a violation of a city ordinance shall immediately be taken to an available treatment facility, if any, when his condition of intoxication requires emergency medical treatment.

F. The records of a person at a treatment facility shall be confidential and shall not be disclosed without the consent of that person. A person's request that no disclosure be made of his admission to a treatment facility shall be honored unless he is incapacitated or disclosure of his admission is otherwise required by law.

G. No peace officer, treatment facility and staff, physician or judge shall be held criminally or civilly liable for actions pursuant to this section; provided, that he acts in good faith, on probable cause, and without malice. (Ord. 1455 §6, 1979).

9.16.070 Loitering . No person shall:

A. Loiter in, on or near a school building or grounds, not having any reason or relationship involving custody of or responsibility for a student, or upon inquiry by a peace officer or school official, not having a specific legitimate reason for being there;

B. Loiter in, on or about a public place frequented by children, including swimming pools, school bus stops, playgrounds and parks and public premises adjacent thereto, for the purpose of annoying, bothering or molesting children. (Ord. 1455 §7, 1979).

9.16.080 Abuse of venerated objects .

A. No person shall intentionally abuse a public monument or structure, a place of worship or burial, or the national or state flag.

B. As used in this section, "abuse" means to deface, damage, defile or otherwise physically mistreat in a manner likely to outrage public sensibilities. (Ord. 1455 §9, 1979).



CHAPTER 9.20 - OFFENSES AGAINST PUBLIC DECENCY

Legislative History: Ord. 1455 (1979); Ord. 1982 (2010)

Sections:
9.20.010 Public Indecency
9.20.020 Soliciting Drinks
9.20.030 Penalty

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9.20.010 Public Indecency.  No person shall, while in , or in view of place, perform:

A. An act of sexual intercourse;

B. An act of exposing their sex organs, or the areola of the female mamma;

C. An act of urination or defecation, except in toilets provided for that purpose. 

9.20.020 Soliciting Drinks .

No person shall frequent, loiter, or be employed in a tavern, bar, nightclub, or cocktail lounge for the purpose of soliciting another person to purchase drinks.  No proprietor of such establishment shall allow the presence in the establishment of persons who violate the provisions of bartenders, barmaids, waiters or waitresses. 

9.20.030 Penalty.  Violation of the provisions of this chapter is a Class A Violation.   

CHAPTER 9.24 - OFFENSES AGAINST PROPERTY

Sections:
9.24.010 Theft
9.24.020 Trespass
9.24.030 Mischief
9.24.040 Violating privacy of another

 
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9.24.010 Theft .

A. A person who comes into control of property of another that he knows or has good reason to know has been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, commits theft if, with intent to deprive the owner thereof, he fails to take reasonable measures to restore the property to the owner.

B. A person commits a crime of theft of services if:

1. With intent to avoid payment therefor, he obtains services that are available only for compensation by force, threat, deception or other means to avoid payment for the services;

2. As used in this section, "services" includes, but is not limited to, labor, professional services, toll facilities, transportation or other communication service, entertainment, the supplying of food, lodging or other accommodations in hotels, restaurants or elsewhere, the supplying of equipment for use and the supplying of commodities such as gas, gasoline, electricity, steam and water;

3. Absconding without payment or offer to pay for hotel, restaurant or other services for which compensation is customarily paid upon the receiving of them is prima facie evidence that the services were obtained by deception.

C. A person commits theft when, with intent to deprive another of property or to appropriate property to himself or to a third person, he takes, appropriates, obtains or withholds such property from an owner thereof. (Ord. 1455 §26, 1979).

9.24.020 Trespass . No person shall enter or remain unlawfully in or upon premises. (Ord. 1455 §27, 1979).

9.24.030 Mischief . No person shall, without the right to do so, recklessly or intentionally cause substantial inconvenience to a property owner or to another person by damaging, tampering with or interfering with the property of another. (Ord. 1539, 1983: Ord. 1455 §29, 1979).

9.24.040 Violating privacy of another . No person other than a peace officer performing a lawful duty shall enter upon land or into a building used in whole or in part as a dwelling not his own without permission of the owner or person entitled to possession thereof and while so trespassing look through or attempt to look through a window, door, transom or other opening of the dwelling or that part of the building used as a dwelling with the intent to violate the privacy of any other person. (Ord. 1455 §28, 1979).

 

 

CHAPTER 9.28 - OFFENSES BY OR AGAINST MINORS

Sections:
9.28.010 Child neglect
9.28.020 Children confined in vehicles
9.28.030 Endangering welfare of minor
9.28.040 Minors and liquor
9.28.050 Places of amusement
9.28.060 Misrepresentation of age by minor

 


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9.28.010 Child neglect . No person having custody or control of a child less than ten years of age shall leave the child unattended in or at any place for such period of time as may be likely to endanger the health or welfare of such child. (Ord. 1455 §35, 1979).

9.28.020 Children confined in vehicles .

A. No person who has under his control or guidance a child less than eight years of age shall lock or confine, or leave the child unattended, or permit the child to be locked or confined, or left unattended in a vehicle for a period of time longer than fifteen consecutive minutes.

B. It is lawful and the duty of a policeman or other peace officer, finding a child confined in violation of the terms of this section, to enter the vehicle and remove the child, using such force as is reasonably necessary to affect an entrance to the vehicle where the child may be confined, in order to remove the child. (Ord. 1455 §36, 1979).

9.28.030 Endangering welfare of minor .

A. No person shall:

1. Knowingly sell, or cause to be sold, tobacco in any form to a person less than eighteen years of age;

2. Employ a person less than eighteen years of age in or about a card room, poolroom or billiard parlor.

B. No person shall solicit aid, abet or cause a person less than eighteen years of age to:

1. Violate a law of the United States , or a state, or to violate a city or county ordinance;

2. Run away or conceal himself from a person or institution having lawful custody of the minor.

C. No person shall conceal from the person, institution or governmental agency having lawful custody of a minor less than eighteen years of age, the minor under eighteen years of age. (Ord. 1455 §37, 1979).

9.28.040 Minors and liquor .

A. No person under twenty-one years shall purchase, acquire or have in his possession alcoholic liquors as defined by the laws of the state, except when such person is in a private residence and accompanied by his parent or guardian with such parent or guardian's consent.

B. No person, other than his parent or guardian shall give, sell or otherwise make available any alcoholic liquor to any person under the age of twenty-one years.

C. No person shall possess, sell or give away one avoirdupois ounce or less of the dried leaves, stems or flowers of the plant cannabis, family moraceae. (Ord. 1455 §10, 1979).

9.28.050 Places of amusement .

A. No person under eighteen 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, billiard parlor or public place of amusement shall permit a person under eighteen years of age to engage therein in any game of cards, pool, billiards, dice, darts, pinball, games of like character, or games of chance, either for amusement or otherwise.

C. This section shall not apply to the playing of billiards or pool in a recreational facility. As used in this section, a "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. Which is clean, adequately lighted and ventilated;

2. In which no alcoholic liquor is sold or consumed;

3. Access to which does not require passing through a room where alcoholic liquor is sold or consumed. (Ord. 1455 §38, 1979).

9.28.060 Misrepresentation of age by minor . No person shall:

A. Being less than a certain specified age, knowingly represent himself to be of any age other than his true age with the intent of securing a right, benefit or privilege which by law is denied to persons under that certain specified age.

B. Being unmarried, knowingly represent that he is married with the intent of securing a right, benefit or privilege which by law is denied to unmarried persons. (Ord. 1455 §39, 1979).

CHAPTER 9.32 - CRUELTY TO ANIMALS

Sections:
9.32.010 Cruelty to animals

 


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9.32.010 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.

B. As used in this section, "animal" includes birds. (Ord. 1455 §56, 1979).

CHAPTER 9.36 - WEAPONS AND FIREWORKS

Legislative History: Ord. 1455 (1979); Ord. 1575 (1986); Ord. 1982 (2010)

Sections:
9.36.010 Discharge of Weapons
9.36.020 Oregon Fireworks Law Adopted
9.36.030 Jurisdiction and Enforcement
9.36.040 Violation


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9.36.010 Discharge of Weapons.  Except at firing ranges approved by the chief of police, no person other than a peace officer, shall fire or discharge a bow and arrow, including crossbow and bolt, slingshot, or a gun, including spring or air actuated pellet guns, air guns, or BB guns, or other weapon which propels a projectile by use of gunpowder, explosive, jet, a gas or rocket propulsion. 

9.36.020 Oregon Fireworks Law Adopted.  The Oregon Fireworks Law, ORS 480.110 through ORS 480.160 including all amendments thereto is adopted by reference and made a part of this chapter. 


9.36.030 Jurisdiction and Enforcement of Section 9.36.030.  The Fire Chief, Fire Marshal and all full time employees of the Fire Department as well as all peace officers of the City shall have jurisdiction of and may enforce the provisions of Section 9.36.020 subject to ORS 8.665, ORS 153.110 through ORS 153.310 and ORS 153.990 through ORS 153.995. 

9.36.040  Violation.  Violation of the provisions of this chapter is a Class A Violation.

CHAPTER 9.40 - SOCIAL GAMES

 

Legislative History: Ord. 1362(1974); Ord. 1575 (1986); Ord. 1982 (2010)

Sections:
9.40.010 Social games Prohibited


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9.40.010 Social games Prohibited - Social games as defined in ORS 167.117 are permitted in a private business, private club or place of public accommodation where no house player, hosue bank, or house odds exist and there is no house income from the operation of the social game. 

CHAPTER 9.44 – POSSESSION OF MARIJUANA

Legislative History: Ord 1803 (2000); Ord 1982 (2010)

Sections:
9.44.010 Definitions
9.44.020 Possession of Marijuana
9.44.030 Penalty
9.44.040 Diversion


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9.44.010 Definitions.  For the purposes of this Chapter, the following definitions  shall apply:

“Marijuana” shall mean all parts of the plant Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

“Practitioner” shall mean a physician, dentist, veterinarian, scientific investigator, certified nurse practitioner, physician’s assistant, or other person licensed, registered or otherwise permitted by law to dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state, but does not include a pharmacist or a pharmacy.

9.44.020 Possession of Marijuana.  No person shall knowingly or intentionally possess marijuana, in an amount up to one avoirdupois ounce, unless the substance was obtained directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of professional practice, or except as otherwise authorized by State law.

9.44.030 Penalty.  Violation of this chapter is a Class A Violation.

9.44.040 Diversion.

A. A person charged with the offense of possession of less than an ounce of marijuana may be eligible for a diversion agreement, if the offense for which the defendant is before the court is the defendant’s first offense, and the defendant files with the court a petition for a possession of marijuana diversion agreement.

B. Possession of marijuana diversion petitions shall be available to a defendant at the court. The petition form shall conform to the requirements of state law.

C. Diversion procedures shall be as prescribed by state statutes for possession of marijuana diversion agreements.

 


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