Chapter 9.05
GENERAL OFFENSES
Sections:
9.05.010 Oregon Criminal Code adopted.
9.05.030 Discharge of weapons.
9.05.040 Police and fire communications.
9.05.060 Obstructing passageways.
9.05.070 Inhaling toxic vapors.
9.05.090 Interfering with a police officer.
9.05.100 Deliveries to prisoners.
9.05.210 Offenses outside city limits.
9.05.220 Soliciting or confederating to violate ordinances.
9.05.230 Attempt to commit offenses.
9.05.010 Oregon Criminal Code adopted.
(1) ORS Chapters 161, 162, 163, 164, 165, 166, and 167, except for any provision classified as a felony under the state law, are adopted by reference. Violation of an adopted provision of those chapters is an offense against this city.
(2) The provisions of ORS Chapter 161, 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.
(3) Except where the context clearly indicates a different meaning, the definitions appearing in the general definitional and other particular sections of the chapters adopted by subsection (1) of this section are applicable throughout this chapter. [Ord. 566 § 1, 2023].
9.05.020 Unreasonable noise.
(1) Purpose. This section is enacted to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the citizens of the city through the reduction, control, and prevention of loud and raucous noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace or safety; or causes public inconvenience, annoyance or alarm to reasonable persons of ordinary sensitivity.
(2) Findings. The city council of Coos Bay finds:
(a) Loud and raucous noise degrades the environment of the city to a degree that:
(i) Is harmful to the health, welfare and safety of its inhabitants and visitors;
(ii) Interferes with the comfortable enjoyment of life and property;
(iii) Interferes with the well-being, tranquility and privacy of the home; or
(iv) Causes and aggravates health problems.
(b) Both the effective control and the elimination of loud and raucous noise are essential to the health and welfare of the city’s inhabitants and visitors, and to the conduct of the normal pursuits of life, including recreation, work, and communication.
(3) The use of sound amplification equipment creates loud and raucous noise that may, in a particular manner and at a particular time and place, substantially and unreasonably invade the privacy, peace and freedom of inhabitants of, and visitors to, the city. No person shall create, or assist in creating, or permit the continuance of unreasonable noise which annoys, disturbs, injures or endangers the comfort, repose, health, safety or peace of others.
(4) Certain short-term easing of noise reductions is essential to allow the construction and maintenance of structures, infrastructure, and other elements necessary for the physical and commercial vitality of the city.
(5) The obligation to draft regulations that affect speech in a content-neutral fashion is of paramount importance to protect the freedom of expression guaranteed by Article I, Section 8, of the Oregon Constitution and the First Amendment to the United States Constitution. This chapter enacts narrowly drawn and content-neutral regulations that are to be interpreted as such so as not to infringe upon constitutionally protected rights.
(6) Noises Prohibited. The following acts are declared to be per se violations of this chapter. This enumeration does not constitute an exclusive list:
(a) The keeping of any bird or animal which by causing frequent or continued noise disturbs the comfort and repose of any person in the vicinity.
(b) The attaching of any bell to any animal or allowing a bell to remain on any animal which is disturbing to any person in the vicinity.
(c) The use of any vehicle or engine, either stationary or moving, so operated as to create any loud or unnecessary grating, grinding, rattling or other noise.
(d) The sounding of any horn or signaling device on any vehicle on any street, public or private place, except as a necessary warning of danger.
(e) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, or as a warning of danger, or upon request of proper city authorities.
(f) The use of any mechanical device operated by compressed air, steam or otherwise, unless the noise created is effectively muffled.
(g) The erection, including excavation, demolition, alteration, or repair of any building in residential districts, other than between the hours of 7:00 a.m. and 6:00 p.m. except in case of urgent necessity in the interest of the public welfare and safety, and then only with a permit issued by the city.
(h) The use of any gong or siren upon any vehicle, other than police, fire or other emergency vehicle.
(i) The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court of justice while the same are in use, or adjacent to such, which unreasonably interferes with the operation of the institution, or which disturbs or unduly annoys patients.
(j) The discharge in the open air of the exhaust of any steam engine, internal combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises and the emission of annoying smoke.
(k) The use or operation of any device designed for sound production, amplification or reproduction, including but not limited to a radio, musical instrument, phonograph, television set, tape recorder, loudspeaker or similar device, so loudly as to disturb persons within the vicinity. However, upon application to the city, permits may be granted to responsible persons or organizations for the broadcast or amplification of programs of music, news, speeches, or general entertainment as part of a national, state or city event, public festivals or outstanding events of a noncommercial nature, when the broadcast or amplification will not be audible for a distance of more than 1,000 feet from the instrument, speaker or amplifier. No permit shall be granted where any obstruction of vehicular or pedestrian traffic will result.
(l) The making of any noise by crying, calling or shouting, or by means of any whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument or other device for the purpose of advertising goods, wares or merchandise or by attracting attention or of inviting patronage of any person to any business. However, newspapers and magazines may be sold by public outcry.
(m) The conducting, operating or maintaining of any garage within 100 feet of any private residence, apartment, rooming house or hotel in a manner as to cause loud or offensive noises to be emitted between the hours of 11:00 p.m. and 7:00 a.m.
(n) The operation of exhaust brakes commonly known as Jacob Brakes.
(7) Exemptions. Sounds caused by the following are exempt from the prohibitions set out in this section:
(a) Motor vehicles on traffic ways of the city; provided, that the prohibitions of subsections (6)(c) and (6)(d) of this section continue to apply.
(b) Repairs of utility structures that pose a clear and immediate danger to life, health, or significant loss or property.
(c) Sirens, whistles, or bells lawfully used by emergency vehicles, or other alarm systems used in case of fire, collision, civil defense, police activity, or imminent danger; provided, that the prohibition contained in subsection (6) of this section continues to apply.
(d) The emission of sound to alert persons to the existence of an emergency or the emission of sound in the performance of emergency work.
(e) Repairs or excavations of bridges, streets, or highways by or on behalf of the city, the state or the federal government, between the hours of 7:00 p.m. and 7:00 a.m., when the public welfare and convenience render it impractical to perform the work between 7:00 a.m. and 7:00 p.m.
(f) Reasonable activities conducted on public playgrounds and public or private school grounds that are conducted in accordance with the way such spaces are generally used, including but not limited to school athletic and school entertainment events.
(g) Outdoor gatherings, public dances, shows, sporting events and other similar outdoor events; provided, that a permit has been obtained from the appropriate permitting authority or is being sponsored by the city.
(8) Enforcement. The city manager, police chief, noise enforcement officer, or any designee(s) thereof will have primary responsibility for the enforcement of the noise regulations contained in this chapter. Nothing in this chapter shall prevent the city manager, police chief or noise enforcement officer from obtaining voluntary compliance by way of warning, notice, or education.
(9) Penalties.
(a) A person who violates a provision of this chapter is guilty of an infraction, which is punishable by a fine not to exceed $500.00.
(b) Each occurrence of a violation, or, in the case of continuous violations, each day a violation occurs or continues, constitutes a separate infraction, and may be punished separately.
(c) Appeals. Any person found to have violated any provision of this chapter and assessed a penalty has the right to appeal that determination to the city council. Notice of an appeal under this section must be filed within 30 days of a finding of violation or the assessment of a penalty, whichever is later.
(d) Every person taking an appeal under this section has the right to appear before the city council, to have the allegations explained, and to be heard on the matter. The city council has the authority to set rules of procedure to govern a hearing under this section.
(e) In any appeal under this section, the city council must consider the facts de novo and render a decision independently of any prior findings. [Ord. 566 § 2, 2023].
9.05.030 Discharge of weapons.
(1) Except at firing ranges approved by the chief of police and the council, no person other than an authorized peace officer or animal control officer shall fire or discharge a gun or other weapon, including a spring or air actuated pellet gun, air gun or BB gun, bow and arrow, or any weapon which propels a projectile by use of gunpowder or other explosive, jet or rocket propulsion.
(2) The provisions of this section shall not apply to:
(a) The discharging of shotguns for the purpose of waterfowl hunting by licensed hunters during waterfowl hunting season in the area of the city bounded on the west by Isthmus Slough Channel, bounded on the south by what would be the natural extension of “A” Street, bounded on the east by the dike, and bounded on the north by the city limits.
(b) The discharging of a weapon by any person in the lawful defense or protection of his or her person, family or property. [Ord. 566 § 3, 2023].
9.05.040 Police and fire communications.
(1) 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.
(2) No person shall program an automatic dialing device to select a city police department telephone line. An “automatic dialing device” is a device which is connected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for emergency response. [Ord. 566 § 4, 2023].
9.05.050 Lodging.
No person shall:
(1) Lodge in a car, outbuilding, or other place not intended for that purpose without permission of the owner or person entitled to its possession.
(2) Write or cause to be written in the register of any hotel, lodging house, motel, rooming house or other place offering accommodations, any other or different name than the true name of such person or the name by which such person is generally known.
(3) Refuse to permit any law enforcement officer to review the current guest records or the guest records for any period of time within the past three years of any place offering overnight public accommodations for the purpose of determining as part of a criminal investigation whether a particular person or persons had been registered in the place of accommodation. [Ord. 566 § 5, 2023].
9.05.060 Obstructing passageways.
No person shall:
(1) Keep or leave open any cellar door or grating of any kind located in or upon any sidewalk except when the same is necessarily open during the immediate use thereof, and when being used the opening shall be properly guarded and protected.
(2) Lead, ride, tie, or fasten any animal other than those commonly known as household pets in such a manner as to permit it to remain on or go along any parking strip, sidewalk area or public pathway. [Ord. 566 § 6, 2023].
9.05.070 Inhaling toxic vapors.
(1) No person shall deliberately smell or inhale any drug, or any other noxious substance, vapor or chemical containing any ketones, aldehydes, organic acetates, ether, chlorinated hydrocarbons, or other substance containing solvents releasing vapors, in such excessive quantities as to cause conditions of intoxication, inebriation, excitement, stupefaction, hallucination or dulling of the brain or nervous system. This applies with particularity, but is not limited, to model airplane glue, fingernail polish or any other substance or chemical which has the above-described effect on the brain or nervous system.
(2) Any person found within the city visibly in a condition of intoxication, inebriation, excitement, stupefaction or hallucination shall, if the condition was caused by the inhaling of the substances described above, be presumed to have inhaled the substance within the city.
(3) The deliberate inhaling of a substance as described in subsection (1) of this section, if it produces a visible manifestation of a condition of the nature described, shall be prima facie evidence that the person so inhaling did so with the intent of producing such a state or condition.
(4) This section does not apply to the use of inhalants, or the condition produced thereby, where the use is made or condition induced by or under the express direction or written prescription of a licensed physician for medical purposes. [Ord. 566 § 7, 2023].
9.05.080 Public indecency.
No person shall, while in or in view of a public place, perform an act of urination or defecation, except in toilets provided for that purpose. [Ord. 566 § 8, 2023].
9.05.090 Interfering with a police officer.
No person, intentionally, or with reckless disregard, shall interfere with a peace officer in the officer’s lawful performance of his or her duties. “To interfere with,” as used in this section, means any physical act, including a refusal to leave a particular area in response to a lawful order from a peace officer, that prevents or could reasonably be expected to prevent a peace officer from performing his or her duties. [Ord. 566 § 9, 2023].
9.05.100 Deliveries to prisoners.
No person shall knowingly deliver any intoxicating liquor, dangerous or narcotic drugs, controlled substance, or contraband, as defined by state law, to a person in custody or confined in a city detention facility. [Ord. 566 § 10, 2023].
9.05.110 Consumption of opened alcoholic liquor containers and controlled substances on public property.
(1) No person shall consume alcoholic liquor, as defined in ORS 471.001, nor a controlled substance, as defined in ORS 475.005, on public property, streets, sidewalks, or any other public rights-of-way.
(2) No person shall possess on any public property, street, sidewalk, or other public right-of-way any bottle, can, or other container containing alcoholic liquor if the container has been opened, its seal broken, or its contents partially removed.
(3) The prohibitions set forth in subsections (1) and (2) of this section do not apply to:
(a) The consumption of alcoholic liquor in sidewalk cafes that have obtained permits pursuant to the applicable provisions of this code.
(b) The use of alcohol in street areas sanctioned by a special events permit allowing for such use which has been issued by the city of Coos Bay, contingent upon adherence to all relevant Oregon Liquor and Cannabis Commission guidelines.
(c) The consumption of medications, as directed by a prescriber, as stipulated in ORS 414.351.
(4) For purposes of this section, “consume” denotes the act of imbibing, injecting, ingesting, inhaling, or otherwise introducing a substance into the human body.
(5) The restrictions on consuming controlled substances outlined in this section will take immediate effect when any of the following occur:
(a) The state of Oregon passes a law granting local jurisdictions the power to regulate public consumption of controlled substances;
(b) A court with appropriate jurisdiction determines that cities are allowed to regulate the public consumption of such substances within their jurisdictions/boundaries; or
(c) A regulatory body of the state of Oregon identifies or drafts regulations allowing the implementation of ordinances, resolutions, rules and/or policies consistent with this section.
(6) The violation of this section shall be punishable as a class C misdemeanor. [Ord. 574 §§ 1 – 6, 2024; Ord. 566 § 11, 2023].
9.05.120 Reserved.
[Ord. 566 § 12, 2023].
9.05.130 Reserved.
[Ord. 566 § 13, 2023].
9.05.140 Reserved.
[Ord. 566 § 14, 2023].
9.05.150 Reserved.
[Ord. 566 § 15, 2023].
9.05.160 Reserved.
[Ord. 566 § 16, 2023].
9.05.170 Reserved.
[Ord. 566 § 17, 2023].
9.05.180 Reserved.
[Ord. 566 § 18, 2023].
9.05.190 Reserved.
[Ord. 566 § 19, 2023].
9.05.200 Reserved.
[Ord. 566 § 20, 2023].
9.05.210 Offenses outside city limits.
Where permitted by Oregon law, an act made unlawful by this chapter shall constitute an offense when committed on any property owned or leased by the city, even though outside the corporate limits of the city. [Ord. 566 § 21, 2023].
9.05.220 Soliciting or confederating to violate ordinances.
No person shall solicit, aid, abet, employ or engage another, or confederate with another, to violate a provision of this chapter or any other ordinance of the city. [Ord. 566 § 22, 2023].
9.05.230 Attempt to commit offenses.
A person who attempts to commit any of the offenses mentioned in this chapter or any ordinance of the city, but who for any reason is prevented from consummating such act, shall be deemed guilty of an offense. [Ord. 566 § 23, 2023].
9.05.240 Penalty.
A violation of any provision of this chapter is punishable by a fine not to exceed $500.00. However, if there is a violation of any provision identical to a state statute with a lesser penalty, punishment shall be limited to the lesser penalty prescribed in the state law. Each day a violation continues constitutes a separate offense. [Ord. 566 § 24, 2023].
9.05.250 Nuisance abatement.
No provision in this chapter precludes the abatement of a nuisance as provided in other city ordinances. [Ord. 566 § 25, 2023].