Chapter 9.10 OFFENSES

B. Offenses. The doing of any act or thing prohibited, or the failing to do any act or thing commanded to be done in this chapter within the corporate limits of the city of Brookings and within such other areas as may be specified in this chapter is hereby declared to be an offense against the public peace, safety, health, morals, and general welfare of the people of the city of Brookings.

C. “Dangerous or deadly weapon” shall mean any firearm, dirk, dagger, knife, brass knuckles, sap, slingshot, or any similar instrument capable of injuring persons or property.

D. “Peace officer” shall mean any sheriff of a county or constable of a precinct, marshal, or an officer of the bureau of police.

E. “Person” shall mean and include any natural person, firm, copartnership, association, or corporation, whether he/she is acting for him/herself or itself, or as the clerk, servant, employee, or agent of another; and the singular number shall include the plural, and the plural the singular. [Ord. 82-O-367 § 2; Ord. 51-O-013 § 1.]

9.10.020 Penalty.

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punishable pursuant to Chapter 1.05 BMC, General Penalty, or by both such fine and imprisonment. [Ord. 16-O-757 § 5; Ord. 82-O-367 § 2; Ord. 51-O-013 § 2.]

Article I. Order and Peace

9.10.030 Examination of premises of pawnbroker, junk shop or secondhand dealer.

The chief of police may empower any member of the Brookings police department to examine the books of any pawnbroker, or his business premises, or the business of any junk shop, keeper, or dealer in secondhand merchandise, or intelligence office keeper, and such member of the force so authorized shall be allowed to examine any property purporting to be pawned, pledged, or deposited in the possession of whomever such property may be; but no such property shall be taken from the possessor thereof without due process or authority of law. [Ord. 51-O-013 § 10.]

9.10.040 Unauthorized discharge of firearms within the city limits prohibited.

“Firearm,” as used in this section, shall mean any pistol, revolver, gun, rifle, cannon, artillery piece, or other ordnance which acts by the force of gunpowder or other explosive, including any instrument or device designed to propel any missile by the use of jet or rocket propulsion.

A. It shall be unlawful for any unauthorized person to fire or discharge any firearm within the limits of the city of Brookings. The prohibition contained herein shall not apply to any federal, state, county, or local government employee having authority to, or required by his employment or office to carry or use firearms; to any person having a valid permit issued by competent authority to carry or use firearms; or to any person lawfully defending his life or property, or the life or property of another, from any person engaged in the commission of a felony, or attempting the commission of a felony.

B. It shall be unlawful for any person to shoot a bow and arrow in the hunting of animals within the city of Brookings or to carry a bow and arrow within the city with the intent to use such instruments for hunting within the city. [Ord. 86-O-408 § 3; Ord. 51-O-013 § 12.]

9.10.050 Air guns prohibited.

“Air gun,” as used in this section, shall mean any small gun or rifle capable of discharging a leaden or metallic bullet, or any pellet capable of injuring persons or property by means of a spring or air pressure.

A. It shall be unlawful for any minor in the city of Brookings to have in his possession, carry, or discharge any air gun.

B. It shall be unlawful for any minor or adult person to discharge any air gun within the limits of the city of Brookings.

C. It shall be unlawful for any parent or guardian of any minor to permit such minor to carry or discharge any air gun in the city of Brookings. [Ord. 51-O-013 § 13.]

9.10.055 Exemption.

A. Any person or organization may request an exemption from BMC 9.10.050 for the limited purpose of conducting an event, demonstration, or educational course that promotes air gun safety.

B. Any person or organization seeking such an exemption shall make a written request to the chief of police, who shall determine whether the event, demonstration, or educational course promotes air gun safety. The chief of police may issue a permit for the conduct of such event. [Ord. 10-O-663 § 2.]

9.10.060 Climbing on autos.

It shall be unlawful for any person, except a peace officer, without the consent of the owner or person lawfully in charge of any motor vehicle, to climb upon or into such motor vehicle, whether the same be at rest or in motion; or, while such motor vehicle is at rest or unattended, attempt to manipulate any of the levers, the starting crank, or other device, brakes, or mechanism, or to set said vehicle in motion, or to remove therefrom any article or thing whatsoever. [Ord. 51-O-013 § 18.]

9.10.070 Minors selling or serving spirituous, vinous, or malt liquors.

It shall be unlawful for any person to permit or employ any person under 21 years of age to sell or to serve spirituous, vinous, or malt liquors in any place where such liquors are to be drunk on the premises, and it shall be unlawful for any person under 21 years of age to sell or serve spirituous, vinous, or malt liquors in any place where such liquors are to be drunk on the premises. [Ord. 51-O-013 § 20.]

9.10.080 Serving wine or beer to persons seated in automobiles.

It shall be unlawful for any person lawfully possessed of a retail beer license to serve wine or beer for immediate consumption to a person or persons seated in automobiles. [Ord. 51-O-013 § 21.]

9.10.090 Right of city officers and employees to enter buildings.

Any duly authorized officer or employee of the city of Brookings may enter any building during business hours for the purposes of inspection, or of enforcing any ordinance, when such inspection or enforcement is in the line of his duty; and it shall be unlawful for any person to refuse admission to any such officer or employee, or to obstruct him in the performance of his duty. [Ord. 51-O-013 § 24.]

9.10.100 False fire alarm forbidden.

It shall be unlawful for any person to give or cause to be given an alarm of fire without having reasonable grounds for giving such alarm. [Ord. 51-O-013 § 26.]

9.10.110 Using premises to promote crime.

It shall be unlawful for any person to make use of any premises as a place for planning or promoting crime, vandalism, or violating any city ordinance. It shall be unlawful for any person having the possession and control of any premises to allow such premises to be used as a rendezvous or congregating place for planning or promoting any such thing. [Ord. 51-O-013 § 28.]

Article II. Minor Children

9.10.120 Minors, purchase of property from.

It shall be unlawful for any person to purchase any property or article of value from any minor, or to have any dealing respecting the title of any property in the possession of any minor without the written consent of the parent or guardian of such minor. [Ord. 51-O-013 § 46.]

9.10.130 Causing minors to become delinquent or dependent.

It shall be unlawful for any person to do willfully any act which causes or tends to cause any minor child to become dependent or delinquent, as such dependency or delinquency is or may be defined by the laws of the state of Oregon. [Ord. 51-O-013 § 47.]

9.10.135 Compulsory school attendance.

A. School Attendance Required. Except as provided in subsection (D) of this section, all children between the ages of seven and 18 years who have not completed the twelfth grade are required to attend regularly a public full-time school.

B. Duty to Send Children to School. Except as provided in subsection (D) of this section, every person having control of any child between the ages of seven and 18 years who has not completed the twelfth grade and is either enrolled or eligible to be enrolled in a school located within the city limits of Brookings is required to send such child to and maintain such child in regular attendance at a public full-time school during the entire school term.

C. Penalties. Any person found by the municipal court judge to have violated subsection (A) or (B) of this section shall pay a fine for a Class C violation in accordance with ORS 153.018 and 153.019 in amounts that may be revised from time to time. The municipal court judge may impose a civil penalty or a court fee in an amount established by court rule in lieu of a fine.

D. Affirmative Defenses. It shall be an affirmative defense to the charge of violation of this section if any of the following situations apply:

1. The child alleged to be not attending school is being taught in a private or parochial school in the courses of study usually taught in grades one through 12 in the public schools and in attendance for a period equivalent to that required of children attending public schools in the applicable school year; or

2. The child alleged to be not attending school is able to prove to the satisfaction of the district school board that he or she has acquired equivalent knowledge to that acquired in the courses of study taught in grades one through 12 in the public schools and is able to produce proof thereof; or

3. The child alleged to be not attending school has received a valid high school diploma; or

4. The child alleged to be not attending school is being taught for a period equivalent to that required of children attending public schools by a private teacher the courses of study usually taught in grades one through 12 in the public school; or

5. The child alleged to be not attending school is being educated in the child’s home by a parent or legal guardian as provided by law; or

6. The child alleged to be not attending school is otherwise excluded from attendance in school as provided by law; or

7. The State Board of Education has, by rule, established an exemption from compulsory attendance which has been granted to the parent or legal guardian of the child alleged to not be attending school due to lawful full-time employment, lawful part-time employment, and concurrent enrollment in school, a community college, or an alternative education program as defined in ORS 336.615; or

8. The State Board of Education or an Oregon Circuit Court has granted an exemption to any child who is an emancipated minor or who has initiated the procedure for emancipation under ORS 419B.550 to 419B.558.

E. Procedure.

1. In addition to any other persons permitted to enforce violations, the school district superintendent or education service district superintendent, or any employee specifically designated by either superintendent, may issue citations for violations established under ORS 339.990.

2. Prior to issuing the citation described in subsection (E)(2)(c) of this section to the parent or guardian of a student not regularly attending full-time school:

a. A parent or guardian of the student and the student shall be provided with written notification that:

i. States that the student is required to attend regularly a full-time school;

ii. Explains that the failure to send the student and maintain the student in regular attendance is a violation;

iii. States that law enforcement or the superintendent may issue a citation;

iv. Requires the parent or guardian of the student and the student to attend a conference with a designated official; and

v. Is written in the native language of the parent or legal guardian of the student.

b. The conference described in subsection (E)(2)(a)(iv) of this section shall be scheduled.

c. The form of citation to be used by superintendents in citing violations of this section shall be established by the State Board of Education by rule. Notwithstanding any other provision of law, each of the parts of the citation issued by superintendents shall contain the information required by the State Board.

F. Severability. If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provision or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. The city council hereby declares that it would have adopted the ordinance codified in this section irrespective of the invalidity of any particular portion thereof and intends the invalid portions should be severed and the balance of this section be enforced. [Ord. 18-O-774 § 2 (Exh. A).]

9.10.140 Children on street at night.

A. It shall be unlawful for any child under the age of 18 years to be in or remain in or upon any street, alley, park, or other public place between the hours of 11:00 p.m. and 5:00 a.m. during every month of the year, unless such child is accompanied by a parent, guardian, or other person 18 years of age or older and authorized by the parent, guardian or by law to have care and custody of the minor, or:

1. Such minor is then engaged in a lawful pursuit or activity which requires the presence of the minor in such public places during the hours specified in this section; or

2. Such minor is returning home from a lawful pursuit or activity approved by the parent, guardian, or other person in charge of the minor; or

3. The minor is lawfully emancipated pursuant to ORS 419B.550 to 419B.558.

B. No parent, guardian, or person having the care and custody of a minor who is under the age of 18 years shall allow such minor to be in or upon any street, highway, park, alley, or other public place between the hours specified in subsection (A) of this section, except as otherwise provided in this section.

C. A law enforcement officer is hereby authorized and empowered to take charge of any person under the age of 18 years violating the provisions of this section. It shall be the duty of an officer taking charge of the minor to immediately notify the parent or guardian of the minor that the minor has been taken into the charge of the officer. The officer may then release the minor to the parent or guardian, or other person in the charge of the minor. [Ord. 07-O-586 § 2; Ord. 51-O-013 § 50.]

Article III. Gambling

9.10.150 Gambling not allowed.

No person shall participate in, operate or assist in operating any gambling game or activity, including a lottery. [Ord. 74-O-252; Ord. 51-O-013 § 66A.]

9.10.160 Definition of gambling.

“Gambling” shall mean any contest, game, gaming scheme, gaming device or machine played for anything of value in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein. [Ord. 74-O-252; Ord. 51-O-013 § 66B.]

9.10.170 Gambling not to include social games.

The term “gambling” shall not include social games. “Social games” means:

A. A game other than a lottery between players in a private home where no house player, house bank or house odds exist, and there is no house income from the operation of the social game; and

B. Games other than a lottery, between players in a private business, private club, or place of public accommodation where no house player, house bank or house odds exist, and there is no house income from the operation of the social game. [Ord. 74-O-252; Ord. 51-O-013 § 66C.]

9.10.180 Money slot machines.

It shall be unlawful for any person to set up, keep, or have in possession, or to manufacture, sell, or distribute any nickel-in-the-slot or other money slot machine or similar device adapted, devised, or designed for the purpose of playing any games of chance for money or property. It shall be unlawful for any person to have in possession any operating part capable of being assembled or used in any such machine or device. [Ord. 51-O-013 § 67.]

9.10.190 Pool selling and bookmaking.

It shall be unlawful for any person to conduct any bookmaking establishment, or to sell pools or tickets, or to gamble in any manner whatsoever, upon animal races conducted either within or without the corporate limits of the city of Brookings. This section shall not apply to pari-mutuel betting taking place at the track or at race meets conducted under the supervision of the Oregon Racing Commission. [Ord. 51-O-013 § 71.]

Article IV. Protection of Public Interest

9.10.200 Unlawful to poison dogs.

It shall be unlawful for any person, with intent to kill or injure any dog or dogs, to put out or place, where it is likely to be eaten by a dog or dogs, any meat or other dog food containing, poison, ground glass, or other substance likely to kill or seriously injure a dog. [Ord. 51-O-013 § 74.]

9.10.210 Driver injuring dog to stop.

It shall be unlawful for the driver of any motor vehicle involved in injury or death to a dog upon a street or highway in the city of Brookings to fail immediately to stop such vehicle at the scene of such accident, or as close thereto as possible, to take reasonable steps to locate the owner of the dog so injured or killed and render such aid to the said dog as shall be reasonable under the circumstances, to remove such injured or dead dog to the curb, or away from the main traveled portion of the highway, and to leave his/her name and address and the registration number of the motor vehicle he is driving with such owner, if found. [Ord. 51-O-013 § 75.]

9.10.220 Animal fights.

It shall be unlawful for any person, wantonly or for the amusement of himself/herself or others, or for gain, to cause any bull, bear, cock, dog, or other animal to be fought, chased, worried, or injured by any man or animal. It shall be unlawful to permit any of said acts to be done on any premises, or to aid, abet, or to be present at such fighting, chasing, worrying, or injuring of such animal as a spectator. [Ord. 51-O-013 § 76.]

9.10.230 Innkeepers, defrauding of.

It shall be unlawful for any person to obtain, with intent to defraud, food, lodging, or other accommodations at any hotel, apartment house, boarding house, tourist camp, or restaurant. It shall be unlawful for any person who, after having obtained such food, lodging or other accommodations at any hotel, apartment house, boarding house, or tourist camp, surreptitiously to remove his baggage and clothing from such hotel, apartment house, board house, or tourist camp without first paying or tendering payment for such food, lodging, or other accommodations. [Ord. 51-O-013 § 80.]

9.10.240 Religious assemblies, disturbing.

It shall be unlawful for any person to disturb or disquiet any congregation or assembly met for religious worship or for any other lawful purpose by making loud and unnecessary noises, or by rude and indecent behavior or profane language within any place of assembly, or so near to the same as to disturb the order and solemnity of the meeting. [Ord. 51-O-013 § 82.]

9.10.250 Public records, taking or retention.

It shall be unlawful for any person to take or remove any paper, document, or personal property owned by the city unless the permission of the legal custodian thereof is first obtained; and no person shall keep or retain any such paper, document, or other personal property after demand for the return thereof has been made by the legal custodian. [Ord. 51-O-013 § 83.]

9.10.260 Plants, destruction.

It shall be unlawful for any person maliciously or wantonly to cut down, destroy, or injure any flower, bush, shrub, or tree standing or growing upon the property of another. [Ord. 51-O-013 § 84.]

9.10.270 Posted notices, defacement.

It shall be unlawful for any person willfully to deface or tear down any official notice or bulletin posted in conformity with law. [Ord. 51-O-013 § 85.]

9.10.280 Liquor, delivery to prisoners.

It shall be unlawful for any person to deliver, by any method whatsoever, any intoxicating liquor or narcotic drug to any person confined in the city jail or to attempt to convey or deliver to any such person any article without permission and consent of the officer in charge. [Ord. 51-O-013 § 90.]

9.10.290 Offenses, attempt to commit.

Any person who shall attempt to commit any of the offenses mentioned in this code, but who for any reason is prevented from consummating such act, shall be deemed guilty of an offense. [Ord. 51-O-013 § 91.]

9.10.300 Exhaust pipe gas.

It shall be unlawful for any person to cause the gas emanating from the exhaust pipe of any motor vehicle to be ignited or combusted by any gadget, fuse, spark, or any other means whatsoever. [Ord. 51-O-013 § 93.]

Article V. Protection against Personal Injuries and Inconvenience

9.10.310 Waste material.

A. It shall be unlawful for any person to throw into or deposit upon any street, sidewalk, or public place any junk, ashes, paper, leaves, dirt, rubbish, garbage, refuse, filth, litter, or waste material, except at such dumping places or in such receptacles as may be designated by the department of public works, or throw into or upon any street, sidewalk, or public place any glass, crockery, nails, or other things whereby the feet of persons or animals may be injured.

B. It shall be unlawful for any person to urinate or defecate in the public view or in any place open to the public other than a public restroom. [Ord. 20-O-784 § 2 (Exh. A); Ord. 51-O-013 § 96.]

9.10.320 Broken glass.

It shall be unlawful for any person directly or indirectly responsible for broken glass of any kind being upon any sidewalk or pavement, or upon any unimproved street or public place in the city of Brookings to fail, refuse, or neglect to remove such broken glass immediately. Such failure, refusal, or neglect shall be deemed a violation of this code. [Ord. 51-O-013 § 97.]

9.10.330 Protection against spilling.

It shall be unlawful for any person to transport earth, sand, gravel, sawdust, stone, rock, rails, timber, or lumber upon any vehicle without suitable protection so as to effectually prevent the spilling or depositing or scattering of such materials upon any street, or in the air. [Ord. 51-O-013 § 98.]

9.10.340 Obstruction by pedestrians.

It shall be unlawful for any person to stand upon any street or sidewalk so as to obstruct the same, or to hinder, interfere with, obstruct, or inconvenience the passage of any vehicle or pedestrian, or any traffic thereon. [Ord. 51-O-013 § 100.]

9.10.345 Abusive solicitation.

A. Purpose. The city council deems it advisable and in the city’s best interest to provide for the safety of the community by adopting regulations regarding solicitation of an abusive nature within the city’s jurisdiction.

B. Abusive Solicitation. No person shall engage in abusive solicitation as defined in this section. A person shall not be deemed to be in violation of this subsection when he or she passively displays a sign unless that person takes abusive action to obtain and/or retrieve an item of value from another person caused by the sign being displayed.

C. Definitions. The following words or phrases as used in this chapter shall have the following meanings:

1. “Solicitation” means an in-person request made to obtain an immediate donation of money or other item of value.

2. “Threatening” means conduct that has the effect of placing one in reasonable apprehension of imminent physical harm.

3. “Abusive solicitation” means intentionally, recklessly or knowingly engaging in threatening conduct immediately before, during, or immediately after making a solicitation, including, but not limited to, the following listed conduct:

a. Blocking or impeding the passage of the person solicited;

b. Following the person solicited by proceeding behind, ahead or alongside of him or her after the person solicited has declined the request;

c. Touching the solicited person without the solicited person’s consent;

d. Using words, signage, gestures, and/or actions directed toward the person being solicited which are threatening.

D. Penalties. Any violation of the provisions of this section constitutes a violation of Brookings Municipal Code and subject to Chapter 1.05 BMC, General Penalty.

E. Severance. If any section, subsection, sentence, clause, or phrase of the ordinance codified in this section is held invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of the ordinance codified in this section. [Ord. 16-O-763 § 2; Ord. 16-O-754 § 2.]

Article VI. Prevention of Personal Injury

9.10.350 Blasting without permit prohibited.

It shall be unlawful, without first having received a permit from the city engineer, to explode, or cause to be exploded, any gunpowder, dynamite, giant powder, gun cotton, or other explosive for the purpose of blasting out rock, gravel, earth, or other substance within the corporate limits of the city of Brookings. [Ord. 51-O-013 § 101.]

Article VII. Card Games

9.10.360 Card games.

No person may engage or participate in any type of card game in a public place between 1:00 a.m. and 8:00 a.m. The owner or manager of a card table may not permit his facilities to be used by a person to engage or participate in playing card games in a public place between 1:00 a.m. and 8:00 a.m. [Ord. 60-O-150; Ord. 51-O-013 § 104.]

Article VIII. Shoplifting

9.10.370 Detention and interrogation.

A. A peace officer, merchant, or merchant’s employee who has reasonable cause for believing a person has committed the offense of shoplifting under Oregon State Statute 164.015 may detain and interrogate such person in regard thereto and in a reasonable manner and for a reasonable time.

B. Where a peace officer, merchant, or merchant’s employee with reasonable cause for believing that a person has committed the offense of shoplifting as defined under Oregon State Statute 164.015, detains and interrogates him in regard thereto, and such person thereafter brings against the peace officer, merchant, or merchant’s employee a civil or criminal action for slander, false arrest, false imprisonment, assault, battery, or wrongful detention based upon the detention and interrogation, such reasonable cause shall be a defense to the action if the detention and interrogation were done in a reasonable manner and for a reasonable time. [Ord. 66-O-184; Ord. 51-O-013 § 107.]