Chapter 9.24
OFFENSES AGAINST PROPERTY
Sections:
9.24.010 Theft in the third degree.
9.24.011 Theft in the second degree.
9.24.040 Mischief in the third degree.
9.24.041 Mischief in the second degree.
9.24.060 Violation of privacy.
9.24.090 Requirements for posted notices.
9.24.100 Destruction of official notices, signs and barricades.
9.24.110 Abuse of venerated objects.
9.24.120 Hauling restrictions.
9.24.130 Forgery in the second degree.
9.24.140 Fraudulent use of a credit card.
9.24.010 Theft in the third degree.
A person commits the offense of theft in the third degree if, by means other than extortion, the person:
A. Commits theft as defined in ORS 164.015; and
B. The total value of the property in a single or aggregate transaction is under fifty dollars. (Ord. 2624 §2, 1988: Ord. 2410 §33, 1981)
9.24.011 Theft in the second degree.
A person commits the crime of theft in the second degree if, by other than extortion, the person:
A. Commits theft as defined in ORS 164.015; and
B. The total value of the property in a single or aggregate transaction is fifty dollars or more but is under two hundred dollars in a case of theft by receiving and under five hundred dollars in any other case. (Ord. 2624 §3, 1988)
9.24.020 Theft by receiving.
A. A person commits theft by receiving if he receives, retains, conceals or disposes of property of another, knowing or having good reason to know that the property was the subject of theft.
B. "Receiving" means acquiring possession, control or title, or lending on the security of the property. (Ord. 2410 §34, 1981)
9.24.030 Theft of services.
A. A person commits the offense of theft of services if:
1. With intent to avoid payment therefor, the person obtains services that are available only for compensation, by force, threat, deception or other means to avoid payment for the services; or
2. Having control over the disposition of labor or of business, commercial or industrial equipment or facilities of another, the person uses or diverts to the use of the person or a third person such labor, equipment or facilities with intent to derive for the person or the third person a commercial benefit to which the person or the third person is not entitled.
B. As used in this section, "services" includes, but is not limited to, labor, professional services, toll facilities, transportation, communications service, entertainment, the supplying of food, lodging or other accommodations in hotels, restaurants or elsewhere, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water. "Communication service" includes, but is not limited to, use of telephone, computer and cable television systems.
C. Absconding without payment or offer to pay for hotel, restaurant or other services for which compensation is customarily paid immediately upon the receiving of them is prima facie evidence that the services were obtained with intent to avoid payment therefor. Obtaining the use of any communication system the use of which is available only for compensation, including but not limited to telephone, computer and cable television systems, or obtaining the use of any services of a public utility nature, without payment or offer to pay for such use is prima facie evidence that the obtaining of the use of such system or the use of such services was gained with intent to avoid payment therefor. (Ord. 2624 §4, 1988: Ord. 2410 §35, 1981)
9.24.040 Mischief in the third degree.
A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another. (Ord. 2624 §5, 1988: Ord. 2410 §38, 1981)
9.24.041 Mischief in the second degree.
A person commits the crime of criminal mischief in the second degree if:
A. The person violates Section 9.24.040, and as a result thereof, damages property in an amount exceeding one hundred dollars; or
B. Having no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another, or, the person recklessly damages property of another in an amount exceeding one hundred dollars. (Ord. 2624 §6, 1988)
9.24.050 Unlawful trespass.
No person shall enter or remain unlawfully in or upon premises. (Ord. 2410 §36, 1981)
9.24.060 Violation of privacy.
No person other than a peace officer performing a lawful duty shall enter upon land or into a building, used in whole or in part as a dwelling, not his own, without permission of the owner or person entitled to possession, and while so trespassing look through or attempt to look through a window, door or transom of the dwelling or that part of the building used as a dwelling with the intent to violate the privacy of any other person. (Ord. 2410 §37, 1981)
9.24.070 Unlawful lodging.
No person shall lodge in a car, outbuilding or other place not intended for that purpose without permission of the owner or person entitled to possession. (Ord. 2410 §120, 1981)
9.24.080 Offensive littering.
A. No person shall create an objectionable stench or degrade the beauty or appearance of property or detract from the natural cleanliness or safety of property by intentionally:
1. Discarding or depositing rubbish, trash, garbage, debris or other refuse upon the land of another without permission of the owner, or upon a public way;
2. Draining, or causing or permitting to be drained, sewage or the drainage from a cesspool, septic tank, recreational or camping vehicle waste-holding tank, or other contaminated source upon the land of another without permission of the owner, or upon a public way;
3. Permit rubbish, trash, garbage, debris or other refuse to be thrown from a vehicle which he is operating; except that this subdivision shall not apply to a person operating a vehicle transporting passengers for hire subject to regulation by the Interstate Commerce Commission or the Public Utility Commissioner of Oregon, or a person operating a school bus subject to ORS 485.010 through 485.060.
B. As used in this section, "public way" includes but is not limited to roads, streets, alleys, lanes, trails, beaches, parks, and all recreational facilities operated by the city, state or county for use by the general public. (Ord. 2410 §126, 1981)
9.24.090 Requirements for posted notices.
No person shall affix a placard, bill or poster upon personal or real property, private or public, without first obtaining permission from the owner or from the proper public authority. (Ord. 2410 §123, 1981)
9.24.100 Destruction of official notices, signs and barricades.
No person shall intentionally or recklessly deface, alter, remove or tear down any official notice or bulletin or any official sign, signal or barricade posted or placed in conformity with the law. (Ord. 2410 §124, 1981)
9.24.110 Abuse of venerated objects.
A. No person shall intentionally abuse a public monument or structure, a place of worship or burial, or the national or state flag.
B. As used in this section, "abuse" means to deface, damage, defile or otherwise physically mistreat in a manner likely to outrage public sensibilities. (Ord. 2410 §10, 1981)
9.24.120 Hauling restrictions.
No person shall haul sand, gravel, rock, wood or other substance in a vehicle or conveyance that is so constructed or in such condition as to allow the sand, gravel, rock, wood or other substance to fall on and litter the public streets of the city. (Ord. 2410 §125, 1981)
9.24.130 Forgery in the second degree.
A. A person commits the crime of forgery in the second degree if, with intent to injure or defraud, the person:
1. Falsely makes, completes or alters a written instrument.
2. Utters a written instrument which the person knows to be forged.
B. Forgery in the second degree is a Class A misdemeanor. (Ord. 2807 §2(part), 1998)
9.24.140 Fraudulent use of a credit card.
A. A person commits the crime of fraudulent use of a credit card if, with intent to injure or defraud, the person uses a credit card for the purpose of obtaining property or services if the aggregate total amount of property or services the person obtains or attempts to obtain is under seven hundred fifty dollars, with knowledge that:
1. The card is stolen or forged; or
2. The card has been revoked or canceled; or
3. For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit card is issued.
B. "Credit card" means a card, booklet, credit card number, or other identifying symbol or instrument evidencing an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.
C. Fraudulent use of a credit card is a Class A misdemeanor. (Ord. 2807 §2(part), 1998)