Chapter 9.20
OFFENSES AGAINST PROPERTY
Sections:
Article I. General Provisions
9.20.020 Violating privacy of another.
9.20.070 Obstruction of building entrances.
9.20.080 Obstruction of sidewalks.
Article II. Posting
9.20.110 Posting on public property prohibited.
9.20.120 Posting on private residences.
Article I. General Provisions
9.20.010 Trespass.
No person shall enter or remain unlawfully in or upon premises. [Ord. 455-2007 § 36].
9.20.020 Violating privacy of another.
No person other than a police 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 thereof 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. 455-2007 § 37].
9.20.030 Mischief.
No person shall, with intent to cause substantial inconvenience to the owner or to another person, having no right to do so nor reasonable ground to believe he has such right, tamper or interfere with property of another. [Ord. 455-2007 § 38].
9.20.040 Aggravated mischief.
A. No person shall violate DMC 9.20.030 and as a result thereof damage property in an amount exceeding $100.00.
B. No person shall, while having no right to do so nor reasonable ground to believe that he has such right, intentionally damage property of another, or recklessly damage property of another in an amount exceeding $100.00. [Ord. 455-2007 § 39].
9.20.050 Shoplifting.
A. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Mercantile establishment” means any place where merchandise is displayed, held or offered for sale, either at retail or wholesale.
“Merchandise” means all things moveable, capable of manual delivery and having a value of less than $50.00.
“Owner” means any person who owns or operates a mercantile establishment, or the agents or employees of that person.
B. No adult or emancipated minor shall take possession of any merchandise displayed or offered for sale by any mercantile establishment without the consent of the owner and with the intention of converting such merchandise to the individual’s own use without having paid the purchase price thereof; or alter the price indicia of such merchandise.
C. Violation of this section shall be deemed to be a Class 1 civil infraction subject to a $1,000 fine. [Ord. 455-2007 §§ 40, 61(A)].
9.20.060 Theft.
A person commits the crime of theft if, by other than extortion, he:
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 $200.00. [Ord. 455-2007 § 41].
9.20.070 Obstruction of building entrances.
No person shall obstruct the entrance to a building. [Ord. 455-2007 § 42].
9.20.080 Obstruction of sidewalks.
No owner or person in charge of property shall permit a cellar door or grate located in or upon a sidewalk or public pathway to remain open except when such entrance is being used and, when being used, there are adequate safeguards for pedestrians using the sidewalk. [Ord. 455-2007 § 43].
9.20.090 Expectoration.
No person shall spit or expectorate upon a sidewalk or building or in a public place except in receptacles provided for that purpose, or defile in any manner a drinking fountain used by the public. [Ord. 455-2007 § 44].
9.20.100 Nuisance abatement.
In addition to the imposition of penalties, violations of DMC 9.20.070 and 9.20.080 are declared to be public nuisances and subject to abatement. [Ord. 455-2007 § 45].
Article II. Posting
9.20.110 Posting on public property prohibited.
No person, firm or corporation may post, paint, tack or hang any material on city or public property, except as authorized by the city or public property owner. [Ord. 455-2007 § 46].
9.20.120 Posting on private residences.
A. No person, firm or corporation may leave or hang any advertising material at a private residence unless it is secured in such a manner that it cannot be scattered, spread or strewn over the property by wind or other weather conditions.
B. 1. No person, firm or corporation may leave or hang any advertising material at a private residence after receiving notice that the material is not wanted, and it is not to be placed on the subject property.
2. Notice that the material is not wanted and is not to be left on the subject property shall be given by the occupant or property owner by mailing to the distributor of the material a registered letter that states the occupant or owner’s name, address, and that the objectionable material is not to be delivered to the specified address. The notice shall specifically identify the material objected to.
3. Property owners may also display a “no solicitation” sign on their property and no advertising materials shall be left on the property. [Ord. 455-2007 § 47].