Chapter 9.10
Offenses Relating to Public Order
Sections:
9.10.010 Interfering with peace officer.
9.10.020 Public safety communications.
9.10.010 Interfering with peace officer.
A. For purposes of this section:
“Arrest” means to place a person under actual or constructive restraint for the purpose of charging him with an offense.
“Custody” means to place a person under actual or constructive restraint pursuant to a court order or for other lawful purpose.
“Stop” means a temporary restraint of a person’s liberty, by a peace officer lawfully present in a place, when the officer reasonably suspects that the person is committing or has committed a criminal offense, or when the officer reasonably believes that the person is in need of attention pursuant to ORS 426.450, or when the officer reasonably believes that the person is the subject of service of a valid court order.
“To leave the area of an arrest, custody or stop” means to physically move to a location not less than 10 feet extending in a radius from where a peace officer is engaged in effecting an arrest, taking a person into custody, or stopping a person, provided that the peace officer may extend the radius beyond 10 feet when he reasonably believes that the extension is necessary because of substantial risk of physical injury to any person.
B. No person shall refuse to leave the area of an arrest, custody or stop, or, having left that area, re-enter it, after being directed to leave the area by a person known by him to be a peace officer.
C. Violation of this section constitutes a Class C misdemeanor. [Ord. 601 § 5, 1990; 1981 Compilation § 4-4.5.]
9.10.020 Public safety communications.
A. No person shall operate any generator or electromagnetic waves or cause a disturbance of a magnitude that interferes with the proper functioning of police, fire, or other public safety or emergency service radio communication system.
B. Violation of this section constitutes a Class A misdemeanor. [Ord. 601 § 6, 1990; 1981 Compilation § 4-4.6.]
9.10.025 Disorderly conduct.
A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he/she:
A. Engages in fighting or in violent, tumultuous or threatening behavior; or
B. Makes unreasonable noise; or
C. Disturbs any lawful assembly of persons without lawful authority; or
D. Obstructs vehicular or pedestrian traffic on a public way; or
E. Initiates or circulates a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency; or
F. Creates a hazardous or physically offensive condition by any act which he/she is not licensed or privileged to do. [Ord. 766 § 1, 2017.]
9.10.030 Drinking in public.
A. It is unlawful for any person to drink or consume any alcoholic beverage while in or upon any street, alley, public grounds, building, or place open and available to the general public, or while in a motor vehicle on premises open to the public.
B. It is unlawful to possess on one’s person any bottle, can, or other receptacle containing any alcoholic beverage which has been opened, or upon which a seal has been broken, or from which the contents have been partially removed while in or upon any street, alley, public grounds, building, or place open and available to the general public, or while in a motor vehicle on premises open to the public.
C. The prohibitions of subsections (A) and (B) of this section shall not apply to any place wherein the possession or consumption of alcoholic beverages is subject to the control or regulation of the Oregon Liquor Control Commission, where otherwise permitted by State law, or where otherwise authorized by the City of Brownsville or in any City park wherein the possession or consumption of alcoholic beverages is not prohibited by other provisions of this code.
D. A violation of this section is a misdemeanor punishable under the general penalty provided in Chapter 1.05 BMC.
E. For purposes of this chapter, an alcoholic beverage is defined as any beverage containing more than one-half percent of alcohol by volume and every liquid or solid, patented or not, containing alcohol, and capable of being consumed by a human being. [Ord. 766 § 5, 2017; Ord. 723 § 1, 2010; Ord. 674 § 1, 2000; Ord. 601 § 7, 1990; 1981 Compilation § 4-4.7.]
9.10.035 Harassment.
A. A person commits the crime of harassment if, with intent to harass, annoy or alarm another person, the actor:
1. Subjects another to offensive physical contact;
2. Publicly insults another by abusive or obscene words or gestures in a manner likely to provoke a violent or disorderly response;
3. Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person, which report reasonably would be expected to cause alarm;
4. Subjects another to alarm by conveying a telephonic, electronic means and/or written threat to inflict serious physical injury on that person or to commit a felony involving the person or property of that person or any member of that person’s family, which threat reasonably would be expected to cause alarm;
5. Subjects another to alarm or annoyance by telephonic use of obscenities or description of sexual excitement or sadomasochistic abuse or sexual conduct as defined in ORS 167.060 including intercourse, masturbation, cunnilingus, fellatio, or anilingus; or
6. Causes the telephone of another to ring with no communicative purpose.
B. A person is criminally liable for harassment if the person knowingly permits any telephone under the person’s control to be used in violation of subsection (A) of this section. [Ord. 766 § 2, 2017.]
9.10.040 Unreasonable noise.
A. For purposes of this section, “unreasonable noise” is any sound which annoys or disturbs a reasonable person of normal sensitivities.
B. 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:
1. Keeping an animal that, by loud and frequent or continued noise, disturbs the comfort and repose of a person in the vicinity.
2. Using a motor vehicle, 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.
3. Using a mechanical device operated by compressed air, steam or otherwise, unless the noise created by it is effectively muffled.
4. Construction, excavation, demolition, alteration or repair of a building between the hours of 6:00 p.m. and 7:00 a.m., except by special permit granted by the City.
5. Using or operating an automatic or electric piano, phonograph, loudspeaker or sound-amplifying device:
a. Between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to be plainly audible within any dwelling unit which is not the source of the sound; or
b. On public property or on a public right-of-way so as to be plainly audible 50 feet or more from such device, except as authorized by permit.
C. Violation of this section constitutes a Class C misdemeanor. [Ord. 601 § 8, 1990; 1981 Compilation § 4-4.8.]
9.10.050 Nudity.
A. No person shall cause or allow himself or herself to appear in a public place or a place visible to the public leaving exposed his or her genitalia or any part of either female breast below the top of the areola.
B. Violation of this section constitutes a violation. [Ord. 601 § 9, 1990; 1981 Compilation § 4-4.9.]
9.10.060 Public urination.
A. No person shall urinate or defecate in public view or in a public place other than a restroom.
B. Violation of this section constitutes a violation. [Ord. 601 § 10, 1990; 1981 Compilation § 4-4.10.]