Chapter 9.05 GENERAL OFFENSES CODE

All state statutes, definitions, or other provisions of state law adopted by reference in this chapter are adopted as amended as of the effective date of the ordinance codified in this chapter. [Ord. 446 § I, 2007].

9.05.030 Definitions.

Except where definitions are otherwise specifically provided within this code, all definitions contained in the Oregon Criminal Code of 2006, as amended, in effect on the effective date of the ordinance codified in this chapter, are adopted by reference and made a part of this chapter. [Ord. 446 § I, 2007].

Article II. Disorderly Conduct and Related Offenses

9.05.100 Disorderly conduct.

A. ORS 166.025 (Disorderly conduct in the second degree) and 166.116 (Interfering with public transportation) are adopted by reference and made part of this chapter.

B. A violation of this section shall be punishable by a fine not to exceed $1,000. [Ord. 446 § II, 2007].

9.05.110 Drinking in public places.

A. No person shall sell, drink, or consume alcoholic beverages in or upon any street, alley, park, public grounds or other city property unless a license has been issued for that purpose by the Oregon Liquor Control Commission and a permit obtained from the city of Creswell.

B. The city manager may issue permits to permit the sale and consumption of alcoholic beverages in or upon streets, parks or other city-owned property where:

1. Such sale or consumption is permitted by the Oregon Liquor Control Commission rules and regulations;

2. The city manager determines that issuance of the permit will not unduly endanger persons or property.

C. The city manager shall develop an application form for permits under this section. Permit fees and other associated costs shall be established by resolution.

D. The city manager shall condition issuance of a permit upon:

1. Proof of adequate liability insurance;

2. Provisions of appropriate security;

3. Payment to the city of a reasonable sum, to be determined by the city manager, for the increased law enforcement costs associated with the event for which the permit is issued;

4. Record of compliance by the terms and conditions of any previous permit granted to the applicant.

E. A permit issued under this section may be revoked by the city manager or any law enforcement officer of the city, without notice, if reasonable grounds exist to believe that continued consumption of alcohol on city property or other public place is creating or may create a danger to persons or property, or that the terms and conditions of the permit are being violated.

F. Any person affected by a decision to grant, deny, revoke, or impose conditions on the issuance of a permit under this section may appeal such decision to the city council, which may affirm or reverse the decision or alter the conditions for issuance of the permit.

1. An appeal under this section must be in writing and contain the applicant’s name, address, and telephone number, together with a statement of the grounds for appeal and a copy of the original permit issued by the city.

2. All appeals must be filed in the office of the city recorder within 30 days of denial, revocation or imposition of conditions.

G. ORS 471.475 (Mixing, storing or serving of liquor without license) is hereby adopted by reference and made part of this chapter.

H. Sale or consumption of alcoholic beverages in public places without a permit, including a violation of subsection (G) of this section, is a violation punishable by a fine not to exceed $500.00.

I. A violation of a permit issued pursuant to this section shall be punishable by a fine not to exceed $500.00.

J. In addition to subsection (I) of this section, a person convicted of a violation of this section shall constitute revocation of any permit issued in accordance with this section. [Ord. 519 § 3, 2018; Ord. 446 § II, 2007].

9.05.120 Loitering.

A. No person shall loiter in or about a public place frequented by children, including swimming pools, school bus stops, playgrounds and parks and adjacent public premises, for the purpose of annoying, bothering, or molesting children.

B. A violation of this section shall be punishable by a fine not to exceed $500.00. [Ord. 446 § II, 2007].

9.05.130 Harassment.

A. ORS 166.065 (Harassment) and 166.090 (Telephonic Harassment) are hereby adopted by reference and made a part of this chapter.

B. A violation of this section shall be punishable by a fine not to exceed $1,000. [Ord. 446 § II, 2007].

9.05.140 Abuse of venerated objects.

A. ORS 166.075 (Abuse of venerated objects) is hereby adopted by reference and made a part of this chapter.

B. A violation of this section shall be punishable by a fine not to exceed $1,000. [Ord. 446 § II, 2007].

Article III. Public Conduct

9.05.200 Public indecency.

A. For the purposes of this section, “sexual conduct” shall mean sexual intercourse or deviate sexual intercourse, and “sexual contact” shall mean any touching of the sexual organs or other intimate parts of a person not married to the actor for the purpose of arousing or gratifying the sexual desire of either party.

B. A person commits a crime of public indecency if while in or in view of a public place performs:

1. An act of sexual conduct; or

2. An act of sexual contact; or

3. An act of exposing the genitals of the actor or another person with the intent of arousing the sexual desire of the actor or another person.

C. A violation of this section shall be punishable by a fine not to exceed $1,000. [Ord. 446 § III, 2007].

9.05.210 Urinating or defecating in a public place.

A. No person shall urinate or defecate in or in view of a public place, except in a lavatory provided for that purpose.

B. A violation of this section shall be punishable by a fine not to exceed $500.00. [Ord. 446 § III, 2007].

9.05.220 Violating the privacy of another.

A. No person other than a peace officer performing a lawful duty shall enter onto land or into a building, used in whole or in part as a dwelling, that is 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 with the intent to violate the privacy of another person.

B. A violation of this section is a violation punishable by a fine not to exceed $500.00. [Ord. 446 § III, 2007].

9.05.230 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 any 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.

C. Violation of this section is a violation punishable by a fine not to exceed $1,000. [Ord. 446 § III, 2007].

9.05.240 Prostitution.

A. ORS 167.002 (Definitions for ORS 167.002 to 167.027) is hereby adopted by reference and made a part of this chapter.

B. A person commits the crime of prostitution if:

1. The person engages in or offers or agrees to engage in sexual conduct or sexual contact in return for a fee; or

2. The person pays or offers or agrees to pay a fee to engage in sexual conduct or sexual contact.

C. A violation of this section is a violation punishable by a fine not to exceed $1,000. [Ord. 446 § III, 2007].

Article IV. Firearms and Fireworks

9.05.300 Discharge of firearms.

A. Except on firing ranges approved by the council, no person shall, within the city limits of Creswell, discharge any firearm, including any pistol, rifle, shotgun, spring- or air-actuated weapon which propels a projectile by use of gunpowder or other explosive, jet or rocket propulsion, compressed air or spring device.

B. Nothing herein shall prohibit the discharge of firearms within the city limits by:

1. Any peace officer;

2. Any animal control officer;

3. Any person engaged in slaughter of livestock for consumption; or

4. Any other person acting in self-defense or defense of another in accordance with Oregon law.

D. The following statutes of the Oregon Revised Statutes are hereby adopted by reference and made a part of this chapter:

1. ORS 166.240 (Carrying of concealed weapons);

2. ORS 166.250 (Unlawful possession of firearms);

3. ORS 166.416 (Providing false information in connection with a transfer of a firearm).

E. A violation of this section is a violation punishable by a fine not to exceed $1,000. [Ord. 446 § IV, 2007].

9.05.310 Fireworks.

A. The following statutes of the Oregon Revised Statutes are hereby adopted by reference and made a part of this chapter:

1. ORS 480.110 (Definitions for Oregon Fireworks Law);

2. ORS 480.120 (Sale, possession and use of fireworks prohibited; exceptions; enforcement);

3. ORS 480.130 (Permit required for sale or public display of fireworks; fee);

4. ORS 480.140 (Fireworks displays to be under supervision of police and fire department chiefs or county court);

5. ORS 480.150 (Permits for fireworks sales or displays; rules; security);

6. ORS 480.160 (Local regulation and effect of state law; local enforcement authority).

B. The sale, use, or discharge of fireworks or particular types of fireworks may be prohibited at such times, and during such periods, as the city manager may determine, if the city manager determines that such sale, use, or discharge of fireworks creates a substantial fire hazard due to weather or fire conditions.

C. Any order made by the city manager pursuant to subsection (B) of this section may be appealed to the city council. Any appeal under this section must be in writing and contain the applicant’s name, address and telephone number, together with a statement of the grounds for appeal.

D. A violation of this section is a violation punishable by a fine not to exceed $500.00. [Ord. 519 § 3, 2018; Ord. 446 § IV, 2007].

Article V. Offenses Related to Property

9.05.400 Theft.

A. The following statutes from the Oregon Revised Statutes are hereby adopted by reference and made a part of this chapter:

1. ORS 164.015 (“Theft” described);

2. ORS 164.025 (Consolidation of theft offenses; pleading and proof);

3. ORS 164.035 (Defenses to theft);

4. ORS 164.043 (Theft in the third degree);

5. ORS 164.045 (Theft in the second degree);

6. ORS 164.065 (Theft of lost, mislaid property);

7. ORS 164.085 (Theft by deception);

8. ORS 164.095 (Theft by receiving);

9. ORS 164.105 (Right of possession);

10. ORS 164.115 (Value of property);

11. ORS 164.125 (Theft of services);

12. ORS 164.162 (Mail theft or receipt of stolen mail).

B. Any violation of subsections (A)(4) and (A)(11) of this section is a violation punishable by a fine not to exceed $1,000.

C. Any violation of subsections (A)(1) through (A)(5), (A)(6) through (A)(10) and (A)(12) of this section is a violation punishable by a fine not to exceed $2,500.

D. ORS 131.655 (Detention and interrogation of persons suspected of theft committed in a store or unlawful operation of audiovisual device in a motion picture theater; probable cause) is hereby adopted by reference and made a part of this chapter. [Ord. 446 § V, 2007].

9.05.410 Trespass.

A. The following statutes from the Oregon Criminal Code are hereby adopted by reference and made a part of this chapter:

1. ORS 164.205 (Definitions for ORS 164.205 through 164.270);

2. ORS 164.235 (Possession of a burglary tool or theft device);

3. ORS 164.243 (Criminal trespass in the second degree by a guest);

4. ORS 164.245 (Criminal trespass in the second degree);

5. ORS 164.255 (Criminal trespass in the first degree);

6. ORS 164.265 (Criminal trespass while in possession of a firearm);

7. ORS 164.270 (Closure of premises to motor propelled vehicles).

B. Any violation of subsections (A)(1) through (A)(4) and (A)(7) of this section is a violation punishable by a fine not to exceed $1,000.

C. Any violation of subsections (A)(5) and (A)(6) of this section is a violation punishable by a fine not to exceed $2,500. [Ord. 446 § V, 2007].

9.05.420 Criminal mischief.

A. The following statutes from the Oregon Criminal Code are hereby adopted by reference and made a part of this chapter:

1. ORS 164.345 (Criminal mischief in the third degree);

2. ORS 164.354 (Criminal mischief in the second degree).

B. A violation of this section is a violation punishable by a fine not to exceed $1,000. [Ord. 446 § V, 2007].

9.05.430 Graffiti.

A. The following statutes from the Oregon Criminal Code are hereby adopted by reference and made a part of this chapter:

1. ORS 164.381 (Definitions);

2. ORS 164.383 (Unlawfully applying graffiti);

3. ORS 164.386 (Unlawfully possessing graffiti implement).

B. A violation of this section is a violation punishable by a fine not to exceed $1,000. [Ord. 446 § V, 2007].

9.05.440 Forgery and related offenses.

A. The following statutes from the Oregon Criminal Code are hereby adopted by reference and made a part of this chapter:

1. ORS 165.007 (Forgery in the second degree);

2. ORS 165.017 (Criminal possession of a forged instrument in the second degree);

3. ORS 165.037 (Criminal simulation);

4. ORS 165.042 (Fraudulently obtaining a signature);

5. ORS 165.047 (Unlawfully using slugs);

6. ORS 165.055 (Fraudulent use of a credit card);

7. ORS 165.065 (Negotiating a bad check).

B. A violation of this section is a violation punishable by a fine not to exceed $2,500. [Ord. 446 § V, 2007].

9.05.450 Violation of park rules.

Repealed by Ord. 543. [Ord. 519 § 3, 2018; Ord. 459, 2009; Ord. 446 § V, 2007].

9.05.455 Exclusion from park.

Repealed by Ord. 543. [Ord. 519 § 3, 2018; Ord. 459, 2009].

9.05.460 Prohibited camping.

A. As used in this section:

1. To “camp” or the act of “camping” means to pitch, use, or occupy camp materials or a camp for the purpose of occupancy, habitation, or sheltering for survival, and in such a way as will facilitate sleeping or storage of personal belongings, carrying on cooking activities, taking measures to keep protected from the elements including heat and cold, or any of these activities in combination with one another or in combination with either sleeping or making preparations to sleep.

2. A “camp” is a location where people camp or are camping.

3. “Camp materials” may include, but are not limited to, tents, lean-tos, chairs, tarps or tarpaulins, cots, beds, sleeping bags, blankets, mattresses, sleeping or bedding materials, food or food storage items, and similar items that are or appear to be used as living or sleeping accommodations, or to assist with living or sleeping activities.

4. “City property” is any real property or structures owned, leased, or managed by the city, including rights-of-way.

5. “Rights-of-way” is any street, road, alley, or easement for public use which is controlled by the city.

B. Camping on public property not owned, leased, or managed by the city is prohibited.

C. Involuntarily homeless individuals are not prohibited from sleeping and resting on city property, provided such actions comply with all the following time, place, and manner regulations:

1. Time.

a. Camping, where not prohibited, may only occur between 10:00 p.m. and 7:30 a.m. All camp materials and personal property must be removed from a camp by 7:30 a.m. Any camp materials or personal property not removed may be removed and stored by the city.

b. Enforcement of time restrictions may be suspended by order of the city manager, or designee, for severe weather events or when necessary to respond to an individual’s unique circumstances.

2. Place. Camping is prohibited at all times in the following locations:

a. In or adjacent to any residentially zoned area or any properties residentially used regardless of zoning.

b. Anywhere within 1,000 feet of an educational facility.

c. Anywhere within 100 feet of a public library.

d. Any place where camping, a camp, or camp materials create a physical impediment to emergency or nonemergency ingress, egress or access to property, whether private or public, or on public sidewalks or other public rights-of-way, including but not limited to driveways providing access to vehicles, and entrances or exits from buildings and/or other real property.

e. Any vehicle lane or bicycle lane within any public right-of-way.

f. Immediately adjacent to any city owned buildings, or anywhere on airport property, or anywhere on or adjacent to city owned water or sewer treatment facilities or water storage sites, or adjacent to the fire district building.

g. The following city owned parks:

i. North 1st Street and Cobalt Lane Pocket Park.

ii. South 2nd Street Park.

iii. Bicycle Wayside Park (Cloverdale Road and Dale Kuni Road).

iv. Cobalt Activity Center.

v. Garden Lake Park.

vi. Grasslands Bicycle Pump Track.

vii. Holt Park.

3. Manner. Camping, when and where not prohibited, must comply with all of the following:

a. Individuals, camp materials, camps, or personal property may not obstruct sidewalk accessibility or passage, clear vision areas, fire hydrants, city or other public utility infrastructure, must remain at least five feet from a roadway, and must not otherwise interfere with the use of the right-of-way for vehicular, pedestrian, bicycle, or other passage.

b. A camp and all associated camp materials must be contained within a spatial footprint of no more than eight feet by eight feet.

c. Individuals may not build or erect structures, whether by using plywood, wood materials, pallets, or other materials. Items such as freestanding tents and similar items used for shelter that are readily portable are not structures for purposes of this section.

d. Individuals may not obstruct or attach camp materials or personal property to fire hydrants, utility poles or other utility or public infrastructure, fences, trees, vegetation, vehicles, buildings, or structures.

e. All camp materials and personal property must be contained within the tent or tent like structure except for one mobility device (bike, wheelchair, etc.) per person may be stored outside. For the purpose of this section, a bike with an attached bike trailer is considered one mobility device.

f. Individuals may not accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, or other items of no apparent utility in public rights-of-way, on city property, or on any adjacent public or private property.

g. Dumping of gray water (i.e., wastewater from baths, sinks, and the like) or black water (i.e., sewage) into any facilities or places not intended for gray water or black water disposal is prohibited. This includes but is not limited to storm drains, directly into waterways, or onto the ground.

h. Connections or taps to electrical or other utilities, or violations of building, fire, or other relevant codes or standards, is prohibited.

i. Digging, excavation, alteration of ground or infrastructure, or damage to vegetation or trees is prohibited.

j. All general park rules provided in CMC 9.30.020, except general park hours, must be adhered to.

k. The city’s noise regulations in Chapter 9.25 CMC apply to all individuals.

l. Nudity as defined in ORS 167.060 is prohibited.

m. Sexual conduct as defined in ORS 167.051 is prohibited.

n. In addition to the smoking prohibition in CMC 9.30.020, vaping is prohibited.

o. Consumption of alcoholic liquor or possession of an open alcoholic beverage container is prohibited.

p. Dogs must be in compliance with state rabies vaccination requirements and owners must present proof of vaccination to any code enforcement officer or peace officer requesting such proof.

q. Animals shall not be left unattended. Aggressive or harassing animals are prohibited. All animals will be securely attached to owner, an immovable object, or crated.

r. Possession of an unlawful weapon is prohibited.

s. Minors must be accompanied by a parent or guardian.

D. A violation of this section is punishable by a fine not to exceed $200.00. A willful violation of this section is punishable by a fine not to exceed $400.00 and up to 10 days in jail. In addition, the exclusion procedures under CMC 9.30.050 are incorporated herein as a mechanism to exclude persons from city property for the violation of any provision in this section. The remedies described in this section are not intended to be the exclusive remedies available to the city for violations of this section. [Ord. 557 § 1, 2023; Ord. 473 § 2, 2012; Ord. 446 § V, 2007].

9.05.470 Posted notices.

A. No person shall affix a placard, bill or poster on personal or real property, private or public, without first obtaining permission from the owner or from the proper public authority.

B. No person shall willfully deface or tear down an official notice or bulletin posted in conformity with law.

C. A violation of this section is a violation punishable by a fine not to exceed $250.00. [Ord. 446 § V, 2007].

Article VI. Minors

9.05.500 Child neglect.

A. The following statutes from the Oregon Criminal Code are hereby adopted by reference and made a part of this chapter:

1. ORS 163.545 (Child neglect in the second degree);

2. ORS 167.065 (Furnishing obscene materials to minors);

3. ORS 167.070 (Sending obscene materials to minors).

B. A violation of this section is a violation punishable by a fine not to exceed $2,500. [Ord. 446 § VI, 2007].

9.05.510 Use of invalid license.

A. ORS 807.580 (Using invalid license, penalty) is hereby adopted by reference and made a part of this chapter.

B. A violation of this section is a violation punishable by a fine not to exceed $500.00. [Ord. 446 § VI, 2007].

9.05.520 Providing liquor to persons under 21 or intoxicated persons.

A. ORS 471.410 (Providing liquor to person under 21 or to intoxicated person; allowing consumption by minor on property; mandatory minimum penalties) is hereby adopted by reference and made a part of this chapter.

B. Upon a first conviction, a violation of this section shall be a violation punishable by a fine of $350.00.

C. Upon a second conviction, a violation of this section shall be a violation punishable by a fine not to exceed $1,000.

D. Upon a third or subsequent conviction, a violation of this section shall be a violation punishable by a fine not to exceed $2,500. [Ord. 446 § VI, 2007].

9.05.530 Purchase or possession of liquor by minors.

A. ORS 471.430 (Purchase or possession of liquor by person under 21; entry of licensed premises by person under 21; community service and suspension of driving privileges; assessment and treatment) is hereby adopted by reference and made a part of this chapter.

B. A violation of this section is a violation punishable by a fine not to exceed $500.00.

C. In addition to and not in lieu of any other penalty established by law, a conviction of this section is also subject to the penalties outlined in ORS 471.430(5)(6)(7) and (8). [Ord. 446 § VI, 2007].

9.05.540 Tobacco, possession by minors prohibited.

A. It is unlawful for any person under 18 years of age to possess tobacco products, as defined in ORS 431.840.

B. A violation of this section is a violation punishable by a fine not to exceed $500.00. [Ord. 446 § VI, 2007].

Article VII. Obstructing Governmental Administration

9.05.570 Unsworn falsification.

A. No person shall knowingly make any false written statement to a public servant in connection with an application for any benefit.

B. A violation of this section is a violation punishable by a fine not to exceed $500.00. [Ord. 446 § VII, 2007].

9.05.580 Obstructing governmental administration.

A. No person shall intentionally obstruct, impair, or hinder the administration of law or another governmental function by means of intimidation, force or physical interference or obstacle.

B. This section shall not apply to the obstruction of unlawful governmental or judicial action or interference with the making of an arrest.

C. ORS 162.195 (Failure to appear in the second degree) is hereby adopted by reference and made part of this chapter.

D. A violation of this section is a violation punishable by a fine not to exceed $1,000. [Ord. 446 § VII, 2007].

9.05.590 Tampering with public records.

A. No person shall knowingly destroy, mutilate, conceal, remove, make a false entry in, or falsely alter a public record without lawful authority.

B. A violation of this section is a violation punishable by a fine not to exceed $2,500. [Ord. 446 § VII, 2007].

9.05.600 Impersonation.

A. No person shall falsely impersonate a public servant and do an act in such assumed character with intent to benefit or to injure or to defraud another.

B. It is no defense to a prosecution for impersonation that:

1. The office, position or title that the person pretended to hold did not in fact exist; or

2. The unit of government that the person pretended to represent did not in fact exist.

C. A violation of this section is a violation punishable by a fine not to exceed $2,500. [Ord. 446 § VII, 2007].

9.05.610 Initiating a false report.

A. The following statutes from the Oregon Criminal Code are hereby adopted by reference and made a part of this chapter:

1. ORS 162.075 (False swearing);

2. ORS 162.295 (Tampering with physical evidence);

3. ORS 162.375 (Initiating a false report);

4. ORS 165.570 (Improper use of emergency reporting system);

5. ORS 165.572 (Interference with making a report);

6. ORS 165.805 (Misrepresentation of age by a minor).

B. A violation of subsections (A)(1) and (A)(3) of this section is a violation punishable by a fine not to exceed $1,000.

C. A violation of subsections (A)(2) and (A)(4) through (A)(6) of this section is a violation punishable by a fine not to exceed $2,500. [Ord. 446 § VII, 2007].

9.05.620 Giving false information to police officer for a citation.

A. ORS 162.385 (Giving false information to peace officer for a citation or arrest warrant) is hereby adopted by reference and made a part of this chapter.

B. A violation of this section is a violation punishable by a fine not to exceed $2,500. [Ord. 446 § VII, 2007].

9.05.630 Giving false information to city attorney.

A. No person shall knowingly makes a false, misleading, or unfounded statement or report to a city attorney or member of the city attorney’s staff concerning a violation or alleged violation of a city ordinance or the commission or alleged commission of a crime.

B. A violation of this section is a violation punishable by a fine not to exceed $2,500. [Ord. 446 § VII, 2007].

9.05.640 Refusal to assist in firefighting operations.

A. ORS 162.255 (Refusing to assist in firefighting operations) is hereby adopted by reference and made a part of this chapter.

B. A violation of this section is a violation punishable by a fine not to exceed $500.00. [Ord. 446 § VII, 2007].

9.05.650 Interfering with a firefighter or emergency medical technician.

A. ORS 162.257 (Interfering with a firefighter or emergency medical technician) is hereby adopted by reference and made a part of this chapter.

B. A violation of this section is a violation punishable by a fine not to exceed $1,000. [Ord. 446 § VII, 2007].

9.05.660 Refusal to assist a police officer.

A. ORS 162.245 (Refusing to assist a peace officer) is hereby adopted by reference and made a part of this chapter.

B. A violation of this section is a violation punishable by a fine not to exceed $500.00. [Ord. 446 § VII, 2007].

9.05.670 Interfering with a peace officer or parole and probation officer.

A. ORS 162.247 (Interfering with a peace officer or parole and probation officer) is hereby adopted by reference and made a part of this chapter.

B. A violation of this section is a violation punishable by a fine not to exceed $1,000. [Ord. 446 § VII, 2007].

9.05.680 Resisting arrest.

A. ORS 162.315 (Resisting Arrest) is hereby adopted by reference and made a part of this chapter.

B. A violation of this section is a violation punishable by a fine not to exceed $1,000. [Ord. 446 § VII, 2007].

9.05.690 Escape.

A. No person shall escape or attempt to escape from custody.

B. It is a defense to a prosecution under this section that the person escaping or attempting to escape was in custody pursuant to an illegal arrest.

C. A violation of this section is a violation punishable by a fine not to exceed $1,000. [Ord. 446 § VII, 2007].

Article VIII. Street and Sidewalk Offenses

9.05.700 Obstruction of building entrances.

A. No person shall obstruct an entrance to a building or loiter unnecessarily about or near an entrance, stairway, or hall leading to a building.

B. A violation of this section is a violation punishable by a fine not to exceed $500.00. [Ord. 446 § VIII, 2007].

9.05.710 Open cellar doors or grates.

A. No owner or person in charge of property shall permit a cellar door or grate located in or on a sidewalk or public pathway to remain open unless the entrance is being used, and when being used, there are adequate safeguards for pedestrians using the sidewalk.

B. A violation of this section is a violation punishable by a fine not to exceed $500.00. [Ord. 446 § VIII, 2007].

9.05.720 Obstruction of fire hydrants.

A. No person shall place or maintain any bush, shrub, tree, fence, or other obstruction within eight feet of a fire hydrant, and no owner or occupant of property adjacent to a fire hydrant shall permit any bush, shrub, tree, fence or other obstruction to be maintained within eight feet of such fire hydrant.

B. A violation of this section is a violation punishable by a fine not to exceed $500.00. [Ord. 446 § VIII, 2007].

9.05.730 Vending goods on streets or sidewalks.

A. No person shall use or occupy a portion of a street or sidewalk for the purpose of vending goods, wares or merchandise by public outcry or otherwise, unless a license has been obtained.

B. Notwithstanding subsection (A) of this section, no license shall be issued for the vending of goods on streets or sidewalks in the downtown commercial district, other than as provided by Chapter 8.20 CMC, Sidewalk Cafes.

C. The city manager may issue a license to permit the vending of goods on streets and sidewalks where:

1. The city manager determines that issuance of the license will not unduly endanger persons or property; and

2. The vending of such goods, wares, or merchandise is otherwise permitted by law; and

3. The issuance of the license does not obstruct or prevent safe and adequate passage of pedestrians, bicyclists, or vehicles; and

4. The vending of such goods, wares, or merchandise does not constitute a violation of any other provision of the Creswell Municipal Code.

D. The city manager shall develop an application form for licenses under this section. License fees and other associated costs shall be established by resolution.

E. The city manager shall condition issuance of a permit upon:

1. All provisions of subsections (B) and (C) of this section; and

2. Payment of any license fees and other associated costs; and

3. Proof of adequate liability insurance; and

4. Any other reasonable provision, restriction or condition; and

5. Record of compliance by the terms and conditions of any previous license granted to the applicant.

F. A license issued under this section may be revoked by the city manager or any law enforcement officer of the city, without notice, if reasonable grounds exist to believe that the continued vending of such goods, wares, or merchandise is creating or may create a danger to persons or property, or that the terms and conditions of the license are being violated.

G. Any person affected by a decision to grant, deny, revoke, or impose conditions on the issuance of a license under this section may appeal such decision to the city council, which may affirm or reverse the decision or alter the conditions for issuance of the license.

2. All appeals must be filed in the office of the city recorder within 30 days of denial, revocation or imposition of conditions.

H. A violation of this section shall be punishable by a fine not to exceed $500.00.

I. In addition to subsection (H) of this section, a violation of this section constitutes the revocation of any license issued in accordance with this section. [Ord. 519 § 3, 2018; Ord. 446 § VIII, 2007].

9.05.740 Horses on streets.

A. No person shall ride or lead a horse on Oregon Avenue from Front Street to 10th Street or within a city park, unless in connection with a parade approved by the city.

B. A violation of this section is a violation punishable by a fine not to exceed $500.00. [Ord. 446 § VIII, 2007].

Article IX. Littering and Refuse

9.05.800 Hauling and transporting of refuse.

A. For the purpose of this chapter, “refuse” means any sort of rubbish, trash, garbage, debris, gravel, rock, wood, or other substance, including all putrescible and nonputrescible waste, vegetable and animal waste, ashes, waste, household articles, waste vehicle parts or tires, waste metal of any kind, waste paper or cardboard, waste building materials of any kind, and further includes any other rejected matter and all articles and things ordinarily and customarily hauled off and dumped for promoting health or cleanliness.

B. No person shall haul refuse in a vehicle or conveyance that is so constructed or in such condition or loaded in such a manner as to allow the refuse to fall on or litter the public streets, sidewalks or other public property.

C. A violation of this section is a violation punishable by a fine not to exceed $500.00. [Ord. 446 § IX, 2007].

9.05.810 Offensive littering.

A. The following Oregon statutes are hereby adopted by reference and made a part of this chapter:

1. ORS 164.775 (Deposit of trash within 100 yards of waters or in waters; license suspensions; civil penalties; credit for work in lieu of fine);

2. ORS 164.785 (Placing offensive substances in waters, on highways or other property);

3. ORS 164.805 (Offensive littering);

4. ORS 476.715 (Throwing away of lighted matches, cigarettes and other materials prohibited; posting copy of section in public conveyances).

B. A violation of this section is a violation punishable by a fine not to exceed $1,000. [Ord. 446 § IX, 2007].

Article X. Miscellaneous

9.05.900 Offenses outside city limits.

Where permitted by Oregon law, an act made unlawful by this chapter constitutes an offense when committed on property owned or leased by the city, even though the property is outside the corporate limits of the city. [Ord. 446 § X, 2007].

9.05.910 Attempt.

A. No person shall intentionally engage in conduct which constitutes a substantial step toward commission of a violation of a provision of this chapter or any other ordinance of the city.

B. A person is guilty of an attempt to violate a city ordinance if that person violates subsection (A) of this section, or attempts to commit an offense as provided in this chapter or any other ordinance of the city, but who for any reason is prevented from consummating the act.

C. A violation of this section is a violation punishable by a fine not to exceed $1,000. [Ord. 446 § X, 2007].

9.05.920 Soliciting or confederating to violate ordinance.

A. No person shall solicit, aid, abet, attempt to aid or abet, employ or engage another, or confederate with another to violate or plan to violate a provision of this chapter or any other ordinance of the city.

B. No person shall, with the intent of causing another to violate a city ordinance, solicit, aid, abet, attempt to aid or abet, employ or engage another, or confederate with another to violate or plan to violate a provision of this chapter or any other ordinance of the city.

C. It is a defense to the offense of soliciting or confederating to violate an ordinance that the person soliciting the offense, after soliciting another person to commit an offense, persuaded the person solicited not to commit the offense or otherwise prevented the commission of the offense, under circumstances manifesting a complete and voluntary renunciation of the intent to commit an offense constituting a violation of city ordinances.

D. The defense of renunciation is an affirmative defense.

E. It is a defense to a charge of soliciting or confederating to violate an ordinance that if the object were achieved, the actor would not be guilty of a violation under the ordinance provision defining the offense.

F. It is immaterial to the liability of a person who solicits or confederates with another to commit an ordinance violation that:

1. The person whom the actor solicited or confederated with has not yet been prosecuted for or convicted of a violation based upon the conduct in question, or has previously been acquitted; or

2. The person whom the actor solicits or confederates with is irresponsible or has an immunity to prosecution or conviction for the commission of the offense.

G. A violation of this section is a violation punishable by a fine not to exceed $2,500. [Ord. 446 § X, 2007].

9.05.930 Conspiracy.

A. No person shall agree with one or more persons to engage in or cause the performance of a violation as provided in this chapter or any other ordinance of the city.

B. If a person is guilty of conspiracy, as defined in subsection (A) of this section, and knows that a person with whom the person conspires to commit a violation has conspired or will conspire with another person or persons to commit the same violation, the person is guilty of conspiring with such other person or persons, whether or not the person knows their identity, to commit such violation.

C. It is a defense to a charge of conspiracy that the actor, after conspiring to violate a provision of this chapter or any ordinance of the city, thwarted commission of the violation which was the object of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of the offending purpose of the actor. Renunciation by one conspirator does not, however, affect the liability of another conspirator who does not join in the renunciation of the conspiratorial objective.

D. The defense of renunciation is an affirmative defense.

E. It is immaterial to the liability of a person who conspires with another to commit a crime that:

1. The person with whom the actor conspired has not yet been prosecuted for or convicted of the conspiracy or a violation based upon the conduct in question, or has previously been acquitted; or

2. The person with whom the actor conspires is irresponsible or has an immunity to prosecution or conviction for the commission of the violation, or has feigned the agreement.

F. A violation of this section is a violation punishable by a fine not to exceed $2,500. [Ord. 446 § X, 2007].

9.05.940 Multiple convictions barred in inchoate crimes.

A. It is no defense to a prosecution under CMC 9.05.910, 9.05.920 and 9.05.930 that the offense the defendant either attempted to commit, solicited to commit, or conspired to commit was actually committed pursuant to such attempt, solicitation or conspiracy.

B. A person shall not be convicted of more than one offense defined in CMC 9.05.910, 9.05.920 and 9.05.930 for conduct designed to commit or to culminate in commission of the same crime.

C. A person shall not be convicted on the basis of the same course of conduct of both the actual commission of an offense and an attempt to commit that offense or solicitation of that offense or conspiracy to commit that offense.

D. Nothing in this section shall be construed to bar inclusion of multiple counts charging violation of the substantive ordinance and CMC 9.05.910, 9.05.920 and 9.05.930 in a single citation, provided the penalty is consistent with subsections (B) and (C) of this section. [Ord. 446 § X, 2007].

9.05.950 Separate offenses.

Except for those offenses which adopt state law by reference, when in this chapter or any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense, or doing an act is required, or the failure to do an act is declared to be unlawful or an offense, each day a violation continues constitutes a separate offense. [Ord. 446 § X, 2007].

9.05.960 Nuisance abatement.

No provision in this chapter shall preclude the abatement of a nuisance as provided in Chapter 8.05 CMC, the general nuisance ordinance of the city. [Ord. 446 § X, 2007].

9.05.970 Application of state statutes.

The Oregon Criminal Code of 2005, as now constituted, 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. [Ord. 446 § X, 2007].