Chapter 9.10 GENERAL OFFENSES

(A) It shall be unlawful and an infraction for any person to use, sell, or drink any alcoholic liquor or possess an open container of any alcoholic liquor in or upon any public property within the city, including but not limited to buildings, streets, alleys, sidewalks, parks, or public school property, unless authorized by another section of the city code.

(B) It shall be unlawful and an infraction for any person to use, sell, or drink any alcoholic liquor or possess an open container of any alcoholic liquor in or upon that portion of private property open to the public which is used or intended to be used for parking of motor vehicles or pedestrian access to a building from a parking area without the express written permission of the person in charge of the private property. The restriction contained in this subsection does not apply to the parking areas and building access areas associated with buildings which are legally used for dwelling purposes pursuant to the city’s zoning code.

(C) For the purposes of this section, the following terms shall have the indicated meanings unless the context requires otherwise:

(1) “Alcoholic liquor” means any alcoholic beverage containing more than one-half of one percent alcohol by volume, and every liquid or solid, patented or not, containing alcohol, and capable of being consumed by a human being.

(2) “Open container” means a bottle, can or other receptacle which has been opened, or a seal broken or the contents partially removed.

(3) “Open to the public” has the same meaning as that set forth in CMC 9.10.240(C).

(4) “Person in charge” means this term has the same meaning as that set forth in CMC 9.10.240(D).

(5) “Public property” means all real property located within the city under the exclusive use, possession, control, or ownership of a public body.

(D) Exceptions. This section shall not apply to those areas and during such time as the person in charge of property holds a valid permit for a public gathering issued pursuant to CMC 9.10.210. [Ord. 613 § 1, 1983; Ord. 721 §§ 1, 2, 3, 1992; Code 2000 § 6.105.]

9.10.020 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. [Code 2000 § 6.110.]

9.10.030 Disorderly conduct.

(A) No person shall, with intent to cause public inconvenience, annoyance or alarm, or by recklessly creating a risk thereof:

(1) Engage in fighting or in violent, tumultuous or threatening behavior.

(2) Congregate with other persons in a public place and refuse to comply with a lawful order of the police to disperse.

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

(4) Create a hazardous or physically offensive condition by any act which he is not licensed or privileged to do.

(B) No person shall knowingly permit any disorderly conduct on any premises owned or controlled by him. [Code 2000 § 6.115.]

9.10.040 Disturbance of lawful assemblies.

No person shall knowingly interrupt, disturb or annoy any lawful assemblage, either public or private, by any offensive acts committed within such assembly or so near the same as to disturb the order of the meeting. [Code 2000 § 6.120.]

9.10.050 Concealed weapons.

No person other than an authorized peace officer or person licensed pursuant to ORS 166.240 shall carry concealed on or about his person in any manner any revolver, pistol or other firearm; or any knife, other than an ordinary pocket knife; or any dirk, dagger, stiletto, metal knuckles, or any weapon by the use of which injury could be inflicted upon person or property. [Code 2000 § 6.125.]

9.10.060 Discharge of weapons.

(A) No person other than an authorized peace officer shall fire or discharge within the city any air gun or weapon which acts by force of gunpowder or other explosive, or by the use of jet or rocket propulsion.

(B) The provisions of this section shall not be construed to prohibit the firing or discharging of any weapon:

(1) By any person in the defense or protection of his property, person or family.

(2) At any place duly designed or commonly used for target practice. [Code 2000 § 6.130.]

9.10.070 Interference with police.

(A) No person shall hinder, delay, obstruct or resist any police officer or person duly empowered with police authority who is acting in the discharge of his duty.

(B) No person shall offer or endeavor to assist any person in the custody of a police officer or a person duly empowered with police authority to escape or attempt to escape from such custody.

(D) No person shall use or permit the use of property for planning or promoting criminal activities or violation of the code of the city.

(E) 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 radio communication system of the city.

(F) No person shall knowingly make or file with the police department of the city any false, misleading or unfounded statement or report concerning the commission or alleged commission of any crime. [Code 2000 § 6.135.]

9.10.080 Fire control.

(A) No person shall intentionally give any false alarm of fire or aid or abet in the commission of such an act.

(B) No person at a fire shall conduct himself in a disorderly manner or refuse to obey promptly any order of any member of the fire department or resist, obstruct or hinder any member of the fire department. For the purposes of this section, all members of the fire department are endowed with the same powers of arrest as are conferred upon peace officers for violations of this code. [Code 2000 § 6.140.]

9.10.090 Obstruction of rights-of-way.

(A) No person shall, except as otherwise permitted by this code:

(1) Obstruct, cause to be obstructed or assist in obstructing pedestrian or vehicular traffic on any public right-of-way.

(2) Use any public right-of-way or portion thereof for the selling, storing or display of merchandise or equipment except as may otherwise be provided by this code.

(3) Deposit any earth or other debris upon any public right-of-way.

(B) The term public right-of-way includes any street, road, alley, right-of-way, and any pedestrian or bicycle easement authorized for public use.

(C) No person may construct or place a path, fence, wall or structure within a right-of-way or place any object in a right-of-way in a manner that is inconsistent with its use for right-of-way purposes without first having received a revocable permit from the city council. Approval or denial of such revocable permit is within the sole discretion of the city council. The issuance of such permit may be conditioned upon the provision by the requesting person of liability insurance insuring the city’s interests, removal of improvements at the permittee’s expense, limitations of use, and the imposition of any other conditions deemed necessary by the city council. To be effective, a permit must be accepted in writing by the permittee and, for permits issued for a period of six months or longer, recorded with reference to the property adjacent to the right-of-way that is subject to the permit. The city manager may act on behalf of the city council when a request is to place excavated material, earth or debris in the right-of-way or to store materials in a right-of-way for a temporary period. [Ord. 716 § 2, 1991; Code 2000 § 6.145.]

9.10.100 Destruction of official notices and signs.

No person shall willfully deface or tear down any official notice or bulletin or any official sign or signal posted or placed in conformity with the law. [Code 2000 § 6.150.]

9.10.110 Injury to or removal of property.

(A) No person shall willfully or negligently cut, remove, deface or in any manner injure or damage real or personal property of the city within or outside the corporate limits.

(B) No person shall willfully or negligently cut, destroy, remove or injure any plant, flower, shrub, tree or bush growing upon any property owned or controlled by the city, within or outside the corporate limits.

(C) No person shall deface, injure, tamper with, or willfully break or destroy any property, real or personal, belonging to or under the control of another. [Code 2000 § 6.155.]

9.10.120 Sidewalks.

(A) No person or group of persons shall so gather or stand upon any sidewalk in such manner as to prevent, impede or obstruct the free passage of pedestrian traffic.

(B) No person or persons shall fail or refuse to disperse when lawfully ordered to do so by any police officer.

(C) No person shall permit any cellar door or grate located in or upon a sidewalk to remain open except when such entrance is being used; and when being used, such entrance shall be opened only with proper safeguards to protect pedestrians using the sidewalk. [Code 2000 § 6.160.]

9.10.130 Public records – Handling and retention.

(A) No person shall, without proper authority, take or remove any public record, document, book or paper on file or kept on record in any public office of the city.

(B) No person without proper authority shall mutilate or destroy any public record, document, book or paper on file or kept on record in any public office of the city.

(C) No person shall retain any public record, document, book or paper after lawful demand has been made for its return. [Code 2000 § 6.165.]

9.10.135 Purpose and definitions.

The purpose of CMC 9.10.135 through 9.10.140, inclusive, is to regulate the keeping of livestock at residences within the city. This chapter is not intended to regulate the lawful retail sale of goods within the commercial zones of the community nor is it intended to address the keeping of livestock in industrial zones within the city.

For purposes of CMC 9.10.135 through 9.10.140, inclusive, the following terms shall have the indicated meanings unless inconsistent with the context:

(A) “Animal” means any mammal, bird, reptile, amphibian or insect, categorized as follows:

(1) “Bee” means a social colonial insect, kept in a beehive for purposes of producing honey and/or for pollination and does not include mason bees (Osmia rufa);

(2) “Cat” means a domesticated animal of the feline family (Felis catus);

(3) “Dog” means a domesticated animal of the canine family (Canis lupis familiaris);

(4) “Exotic animal” means an exotic or native animal not normally domesticated in the United States or that is wild by nature. “Exotic animal” includes the following orders and families (whether bred in the wild or captivity) and any hybrid with a domestic species; however, the listed animals are examples and not an exhaustive list or limit on the generality of each group:

(a) Canidae such as wolves, coyotes, foxes, jackals and other nondomesticated dogs,

(b) Cervidae such as deer, moose and elk,

(d) Falconiformes such as eagles, falcons, hawks and owls,

(e) Felidae such as lions, tigers, bobcats, lynx, cougars, leopards and other nondomesticated cats,

(f) Nonhuman primates and prosimians such as monkeys, chimpanzees and baboons,

(g) Procyonidae such as raccoons,

(h) Reptilia, including all venomous and constricting snakes, and

(i) All other animals not within the other animal categories of: bee, cat, dog, indoor animal, livestock or rabbit;

(5) “Indoor animal” means an animal kept inside a residential dwelling unit;

(6) “Livestock” means a domesticated animal fitting any of the following:

(a) Miniature livestock, livestock of a dwarfed variety, or species bred so as to be a smaller version than its “standard livestock” counterpart;

(b) Poultry, includes, but is not limited to, chickens, ducks, turkeys, geese, quail, peacocks, pheasant, guinea birds, pigeons and doves; and

(c) Standard livestock, includes, but is not limited to, horses, bulls, cows, calves, heifers, mules, donkeys, asses, pigs, sheep, goats or llamas;

(7) “Rabbit” means a domesticated animal of the leporidae family.

(B) “Keeper” means any person owning, keeping, having custody of, or responsibility for control or care, possession, or harboring of an animal or who permits, allows or suffers an animal to remain on property owned or controlled by the person, regardless of whether that person has an ownership interest in the animal. Animal services facilities are not a keeper unless otherwise expressly provided for elsewhere in the code.

(C) Any person or property brought into the city via a forced annexation shall be exempt from the standards of this chapter until such time the property is redeveloped or sold. [Ord. 2015-04 § 1 (Exh. A), 2015; Ord. 2022-05 § 1 (Exh. A), 2022.]

9.10.140 Keeping of livestock.

(A) Keeping Livestock. Livestock may be kept in the city consistent with the following standards:

(1) Livestock shall not be kept on any lot or parcel containing three or more dwelling units;

(2) Livestock are limited as follows:

Livestock Categories	Maximum Number of Livestock Allowed on Single-Family Residential Property		Prohibited Livestock
	5,000 to 10,000 sq. ft.	Over 10,000 sq. ft.
Poultry	6	13	Guinea Hens, Peacocks, Peahens, Roosters, Geese, Turkeys, Cockerel, Male Poultry (except Drake)
Miniature Livestock	Prohibited	2	Uncastrated Males
Standard Livestock	Prohibited	Prohibited	All Types

(3) Livestock may not be bred;

(4) Products generated by livestock, such as eggs, wool, hides or meat, may not be sold from residential property unless permitted as an approved home occupation;

(5) Livestock may not be slaughtered or butchered in public view on residential property;

(6) Livestock must be contained consistent with the following standards:

(a) All portions of an enclosure for the housing or shelter of livestock are to be located behind the front building plane of the dwelling;

(b) All portions of an enclosure for poultry are to be located a minimum of five feet from any property line;

(d) All portions of an enclosure must be kept and maintained in a clean and sanitary condition at all times to prevent any condition which may be dangerous or detrimental to the health of the public or animals or constitute a nuisance;

(e) The outdoor, open air portion of the enclosure must meet the relevant minimum square footage requirements set out below, be able to provide the animals with the ability to feed, exercise and protect themselves from the elements as well as from other animals and be constructed in conformity with the city’s land use regulations and all applicable building code:

Livestock Categories	Outdoor Portion of Animal Enclosure Minimum Square Footage
Poultry	10 square feet per animal
Miniature Livestock	1,000 square feet per animal

(7) Food storage for livestock must have secure sides and lids and be located or kept behind the front building plane of the residence and a minimum of five feet from all property lines;

(8) No more than one cubic yard of solid waste may be kept on the property at any one time and must be kept dry and be located behind the front building plane of the residence and a minimum of 10 feet from all property lines;

(9) Miniature livestock that can be classified as indoor animals are exempt from the livestock enclosure standards; and

(10) Poultry and standard livestock may not be classified as indoor animals.

(B) Permitting. The keeping of permitted poultry pursuant to the standards required within this chapter is exempt from permitting requirements. Prior to keeping livestock, other than poultry, a keeper must:

(1) Submit a livestock permit on a form provided by the city demonstrating compliance with the standards of this section. Incomplete permits or permits submitted without the fee under subsection (B)(2) of this section will be denied;

(2) Submit a nonrefundable livestock permit fee, the amount of which will be set by council resolution and be sufficient to offset the reasonable administrative costs of the city in administering the permit;

(3) Obtain the approval by the community development director; and

(4) Noncompliance with an approved permit and/or the requirements of this chapter will subject a keeper to citation and revocation of the permit and/or right to keep livestock. [Ord. 2015-04 § 1 (Exh. A), 2015; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2022-05 § 1 (Exh. A), 2022. Formerly 9.10.145.]

9.10.145 Adoption of Animal Services Code.

(A) The city hereby incorporates the Washington County Code (WCC) Chapter 6.04, Animal Services Code, (Ord. 794, passed 1-20-2015 as amended) to regulate the keeping, licensing, and control of dogs and other animals within the city. Violation of WCC Chapter 6.04 is an offense against the city.

(B) One copy of WCC Chapter 6.04, and any amendments thereof, shall be kept on file in the office of the city recorder. [Ord. 2022-05 § 1 (Exh. A), 2022.]

9.10.146 Penalties.

(A) Violation of this chapter constitutes a violation and shall be processed according to the procedures set forth in Chapter 1.15 CMC.

(B) Each violation of a separate provision of this chapter shall constitute a separate infraction, and each day that a violation of this chapter is committed or permitted to continue constitutes a separate infraction.

(C) The penalties imposed by this section are in addition to and not in lieu of any remedies available to the city under CMC 9.10.147. [Ord. 2015-04 § 1 (Exh. A), 2015.]

9.10.147 Nuisance abatement and other remedies.

In addition to the penalties provided for in CMC 9.10.146, any condition caused or permitted to exist in violation of this chapter is considered a public nuisance and may be abated summarily, or in accordance with the abatement procedures set forth in this code, or by any other legal means available to the city. [Ord. 2015-04 § 1 (Exh. A), 2015.]

9.10.150 Breaking open pound.

No person shall break open or in any manner, directly or indirectly, aid or assist in or counsel or advise the breaking open of any city pound or shall hinder, delay or obstruct any person duly authorized in taking up or taking to the city pound any animal liable to be impounded. [Code 2000 § 6.175.]

9.10.160 Horses on streets – Permits.

(A) It shall be unlawful for any person to ride, lead, direct, control or be in possession of any horse:

(1) Upon any sidewalk or walkway, improved or unimproved, located within the right-of-way of any public street, road or highway within the city; or

(2) In or upon private property without first obtaining the permission of the owner thereof; or

(3) In or upon any property owned by the city, including but not limited to city parks, without first obtaining a written permit to do so from the city manager.

(B) The city manager may issue such permits after first determining that such use of city property will not result in damage thereto and will not unreasonably interfere with other lawful and authorized uses. [Code 2000 § 6.180.]

9.10.170 Unattended horses.

It shall be unlawful for any person to tie, fix or otherwise connect any horse to a pole, post or other structure located within the right-of-way of any public street, road or highway within the city. [Code 2000 § 6.185.]

9.10.180 Stench bombs.

No person other than a peace officer acting in line of duty shall in any manner deposit upon the person or property of another any liquid, gaseous or solid substance which is injurious to person or property. No person shall attempt or aid in the attempt or commission of any such prohibited act. [Code 2000 § 6.190.]

9.10.190 Public gatherings at which alcoholic liquor is provided.

It shall be unlawful for any person, firm, association or corporation to conduct, sponsor or operate a public gathering at which alcoholic liquor is sold, provided or otherwise made available under the authority of a special Oregon Liquor Control Commission (OLCC) permit without first obtaining a permit under the requirements of CMC 9.10.210. [Ord. 620 § 1, 1984; Code 2000 § 6.195.]

9.10.200 Definitions.

For purposes of CMC 9.10.190 to 9.10.220, inclusive, the following terms shall have the indicated meanings:

(A) “Public gathering” shall mean an assembly or gathering of two or more people in a structure or facility open to the public whether such people are in attendance by reason of an invitation or not.

(B) “Alcoholic liquor” shall mean any alcoholic beverage containing more than one-half of one percent alcohol by volume, and every liquid or solid, patented or not, containing alcohol, and capable of being consumed by a human being. The term “alcoholic liquor” shall include “wine” as defined by the provisions of ORS 471.022.

(C) “Open to the public” shall mean that persons, other than the owner or person in control of the structure or facility, are permitted, invited or otherwise allowed within the structure or facility for the public gathering. Within the provisions of CMC 9.10.190 through 9.10.220, inclusive, an organization licensed by the State of Oregon Liquor Control Commission (OLCC) as a “private club,” as the same is defined in ORS 472.010(8), shall be deemed not “open to the public.” [Ord. 620 § 1, 1984; Ord. 692 § 1, 1989; Code 2000 § 6.200.]

9.10.210 Permit required.

(A) Every person, firm, association or corporation sponsoring, conducting, or otherwise arranging a public gathering shall first obtain a permit from the chief of police of the city of Cornelius. The application shall be filed with the chief of police not less than 14 calendar days prior to the date of the proposed public gathering, together with an application fee in the amount established by resolution of the city council, on a form or forms provided by the chief of police. Among other things, the applicant shall estimate the number of people who will attend the public gathering.

(B) At each public gathering, when the estimated attendance is two but not more than 100 people, the applicant shall be responsible to provide, at the applicant’s cost, two uniformed, regular or reserve policemen from the city of Cornelius police department. For each additional 100 people estimated to be in attendance at said public gathering, the applicant shall provide one additional policeman. The applicant shall pay the actual cost of providing such security protection at fees to be established by the chief of police and payable at the time the public gathering permit is issued.

(C) Notwithstanding the provisions of subsection (B) of this section, the chief of police may require additional policemen for security protection at the proposed public gathering if the applicant or applicants have conducted a public gathering within 24 months of the proposed public gathering and the conduct or activities of those in attendance at said prior public gathering resulted in the arrest or citation of any such attendees. [Ord. 620 § 1, 1984; Code 2000 § 6.205; Ord. 2018-05 § 1 (Exh. A), 2018.]

9.10.220 Exclusions.

The terms and provisions of this section shall not apply to a public gathering held, convened, or conducted within an establishment, or structure for which OLCC has issued an annual license or permit, and license or permit is valid and in good standing at the time of the public gathering. [Ord. 620 § 1, 1984; Code 2000 § 6.210.]

9.10.230 Public indecency.

No person shall, while in or in view of a public place, knowingly perform an act of urination or defecation, except in toilets provided for that purpose. [Ord. 683 § 1, 1988; Code 2000 § 6.215.]

9.10.240 Trespass.

(A) A person commits the infraction of trespass if the person enters or remains unlawfully in or upon premises.

(B) For the purposes of this section and CMC 9.10.250, the following terms shall mean:

(1) “Building,” in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building.

(2) “Enter or remain unlawfully” means:

(a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public or when the entrant is not otherwise licensed or privileged to do so; or

(b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge.

(C) “Open to the public” means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.

(D) “Person in charge” means a person, a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship. It includes, but is not limited to, the person, or holder of a position, designated as the person or position-holder in charge by the Governor, board, commission or governing body of any political subdivision of this state, and includes a peace officer when designated in writing by a person in charge to act on behalf of that person.

(E) “Premises” includes any building and any real property, whether privately or publicly owned. [Ord. 719 § 1, 1992; Code 2000 § 6.220.]

9.10.250 Camping prohibited in certain places.

(A) Unless otherwise specifically authorized by the city code or by declaration of the mayor and/or city manager in emergency circumstances, it is an infraction for any person to camp in or upon any public property:

(1) Within or upon any alley, public park or school property;

(2) Within 20 feet of the public entrance to a business;

(3) In a manner reducing the clear, continuous sidewalk width to less than three feet;

(4) Within five feet of a public or private driveway; or

(5) Between the hours of 7:00 a.m. to 9:00 p.m.

(B) As used in this section:

(1) “To camp” means to pitch, erect, create, use, or occupy camp facilities for the purposes of habitation, as evidenced by the use of camp paraphernalia.

(2) “Camp facilities” include, but are not limited to, tents, huts, temporary shelters, lean-tos, shacks, or any other structures, vehicles or parts thereof.

(3) “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non-city designated cooking facilities and similar equipment.

(4) “Alley” shall have the same meaning given in CMC 10.05.010(A).

(5) “Public park” means all property owned or controlled by the city and operated for the use of the public for park purposes.

(6) “School” means public or private elementary, middle or high school or other school attended primarily by children under 18 years of age. [Ord. 2022-02 § 1 (Exh. A), 2022.]

9.10.255 Smoking, vaping and tobacco use prohibited.

(A) Smoking, vaping and tobacco use is prohibited on or in any city owned or managed campus facility (City Hall Campus and Kodiak Circle Campus).

(B) The city manager may adopt regulations to permit smoking, vaping and tobacco use by city employees, which might otherwise be prohibited by this section, to the extent necessary to comply with a collective bargaining agreement. [Ord. 2016-001 § 1 (Exh. A), 2016.]