Chapter 9.16
OFFENSES AGAINST PUBLIC DECENCY
Sections:
9.16.010 Drinking in public places.
9.16.020 Controlled substances.
9.16.030 Possession of marijuana.
9.16.040 Inhaling toxic vapors.
9.16.051 Public urination and/or defecation.
9.16.080 Misrepresentation of age or marital status.
9.16.090 Possession of criminal instruments.
9.16.120 Unlawful public accommodations practice.
9.16.010 Drinking in public places.
No person shall drink or consume alcoholic liquor in or upon a street, alley, mall, parking lot or structure, motor vehicle, public grounds or other public place except in the Community Center pursuant to adopted facility use requirements and such place has been licensed for that purpose by the Oregon Liquor Control Commission. However, consumption of alcoholic liquor in the park is permitted when a special event permit has been received from the city manager. (Ord. 2968 §2, 2008: Ord. 2410 §7, 1981)
9.16.020 Controlled substances.
No person shall, without proper authority, sell, use or possess for any purpose whatsoever any controlled substance as the term is now defined by state law. (Ord. 2522 §5, 1984: Ord. 2410 §116, 1981)
9.16.030 Possession of marijuana.
A. Notwithstanding Section 9.16.020, a person who knowingly possesses less than one avoirdupois ounce of marijuana shall be punished by a fine of not more than one thousand dollars.
B. "Marijuana" shall have the meaning of that term as provided in ORS 475.005(15). (Ord. 2918 §2, 2005; Ord. 2522 §6, 1984: Ord. 2410 §117, 1981)
9.16.040 Inhaling toxic vapors.
A. No person shall smell or inhale toxic vapors for the purpose of causing a condition of intoxication, inebriation, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system.
B. "Toxic vapors" are defined as those vapors released from a drug or other substance not a controlled substance as that term is defined by state law, having a propensity to release vapors which cause intoxication, inebriation, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system. (Ord. 2522 §8, 1984: Ord. 2410 §128, 1981)
9.16.050 Public indecency.
A. No person shall, while in or in view of a public place, perform:
1. An act of sexual intercourse;
2. An act of deviate sexual intercourse;
3. An act of exposing his genitals with the intent of arousing the sexual desire of himself or another person;
4. Repealed by Ord. 2869.
B. No person shall bathe or swim in any lake, river, stream, pond, slough or creek, or in any public natatorium or swimming pool where such facilities are simultaneously used by both sexes, without wearing suitable bathing attire. "Suitable bathing attire" means that attire which is generally used, recognized and accepted by the public and which is not offensive to public morals and which does not expose the bather or swimmer indecently.
C. No person shall make improper advances or indecent remarks to another person, or impertinently seek to attract the attention of another person, upon the streets or in public places.
D. No person shall frequent, loiter or be employed in a tavern, cabaret or nightclub for the purpose of soliciting the purchase of drinks. No proprietor of such an establishment shall allow the presence in the establishment of a person who violates the provisions of this subsection. (Ord. 2869 §2(part), 2002; Ord. 2410 §47, 1981)
9.16.051 Public urination and/or defecation.
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. 2869 §2(part), 2002)
9.16.052 Public nudity.
It is unlawful for any person to expose his or her genitalia while in a public place or place visible from a public place, if the public place is open or available to persons of the opposite sex. (Ord. 2985 §1, 2009)
9.16.060 Prostitution.
A person commits the crime of prostitution if:
A. He engages in or offers or agrees to engage in sexual conduct in return for a fee;
B. He pays or offers or agrees to pay a fee to engage in sexual conduct. (Ord. 2410 §48, 1981)
9.16.070 Prohibited touching.
A. No person shall pay a fee or receive a fee, directly or indirectly, for touching or offering to touch the sexual parts of another for the purpose of arousing or gratifying the sexual desire of either party.
B. No person who manages or controls a place of business shall cause or permit an agent, employee or other person under his control or supervision to participate in conduct prohibited in subsection A of this section. (Ord. 2410 §49, 1981)
9.16.080 Misrepresentation of age or marital status.
No person shall:
A. Being less than a certain, specified age, knowingly represent himself to be of an 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. 2410 §118, 1981)
9.16.090 Possession of criminal instruments.
A. No person shall possess any device specially made or specially adapted for criminal use.
B. No person shall possess any device commonly used for criminal purposes with the intent to use the device for criminal purposes. The circumstances surrounding possession of the device shall be evidence of the possessor’s intent. (Ord. 2410 §122, 1981)
9.16.100 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, or any wild bird.
B. As used in this section, "animal" includes birds. (Ord. 2410 §71, 1981)
9.16.110 Poisoning animals.
No person shall put out or place any poison where it is liable to be eaten by horses, cattle, sheep, hogs, dogs or other domestic animals. (Ord. 2410 §72, 1981)
9.16.120 Unlawful public accommodations practice.
A. It is an unlawful public accommodations practice for a person being the owner, lessee, proprietor, manager, superintendent, agent or employee of a place of public accommodation:
1. To refuse or deny an individual the accommodations or use of the facilities of the place of public accommodation because of the race, color, religion, sex, national origin, physical handicap or marital status of that individual; or
2. To circulate, issue, display, post or mail a communication, notice or advertisement which states that the accommodations or use of the facilities of the place of public accommodation shall be refused or denied to an individual on account of the race, color, religion, sex, national origin, physical handicap or marital status of that individual.
B. For purposes of this section of this code, "public accommodations" means a place of business, accommodation, refreshment, entertainment, recreation and public conveyance operated on land or water whose merchandise, service, accommodation, advantages, facilities or privileges are extended, offered, sold or include, but are not limited to, restaurants, taverns, motels, hotels, commercial stores and vehicles used in the conveyance of the general public. (Ord. 2598 §2, 1988)