Chapter 9.04 OFFENSES

A. Except as provided by this chapter or as the context requires otherwise, the Oregon Criminal Code of 2000, as now constituted, relating to criminal liability, defenses, burden of proof, parties to crime, justification and responsibility, governs the construction of offenses defined in this chapter.

B. When all or part of a section or provision of this chapter is amended or repealed, the code provision amended or repealed remains in force for the purpose of authorizing the accusation, prosecution, conviction and punishment of a person who violated the code provision before the effective date of the amending or repealing ordinance. [Ord. 2000-17 § 1 (5.005)].

9.04.020 Assault.

No person shall intentionally, knowingly or recklessly cause physical injury to another or, with criminal negligence, cause physical injury to another by means of a deadly weapon. [Ord. 2000-17 § 1 (5.105)].

9.04.030 Menacing.

No person shall intentionally attempt, by word or conduct, to place another person in fear of imminent physical injury. [Ord. 2000-17 § 1 (5.110)].

9.04.040 Recklessly endangering a person.

No person shall recklessly engage in conduct which creates a substantial risk of serious physical injury to another person. [Ord. 2000-17 § 1 (5.115)].

9.04.050 Disorderly conduct.

A. No person, acting with intent to cause public alarm or a breach of the peace or with reckless disregard for creating a risk thereof, shall:

1. Engage in fighting or violent behavior; or

2. Obstruct vehicular or pedestrian traffic on a public way; or

3. Fail or refuse to comply with a lawful order of the police to disperse from a public place; or

4. Create a hazard to person or property by any act which the actor is not licensed or privileged to do.

B. For purposes of this section, a “breach of the peace” means a disturbance where there is both a threat of bodily harm or damage to property and the immediate power to carry out the threat, or where there is an unlawful act of violence. [Ord. 2000-17 § 1 (5.120)].

9.04.060 Public urination.

A. No person shall urinate or defecate in public view or in a public place other than a restroom.

B. Violation of this section constitutes an infraction. [Ord. 2000-17 § 1 (5.125)].

9.04.070 Harassment.

A. No person, acting with intent to harass, frighten, or cause physical injury to another, shall subject another person to offensive physical contact.

B. No person shall publicly insult, threaten, or challenge another person with intent to provoke a violent or disorderly response. [Ord. 2000-17 § 1 (5.130)].

9.04.080 Carrying concealed weapon.

Except where ORS chapter 166 provides to the contrary, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force and commonly known as a switchblade knife, any dirk, dagger, ice pick, slingshot, metal knuckles, nunchaku sticks, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a crime punishable as prescribed in EPMC 9.04.640(C). [Ord. 2000-17 § 1 (5.152)].

9.04.090 Unlawful possession of firearm.

A. Except where ORS chapter 166 provides to the contrary, a person commits the crime of unlawful possession of a firearm if the person knowingly carries any firearm concealed upon the person, without having a license to carry such firearm as provided in ORS 166.290.

B. This section does not prohibit any citizen of the United States over the age of 18 who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270, from owning, possessing or keeping within the person’s place of residence or place of business any pistol, revolver or other firearm capable of being concealed upon the person, and no permit or license to purchase, own, possess or keep any such firearm at the person’s place of residence or place of business is required of any such citizen. As used in this subsection, “residence” includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.

C. Firearms carried openly in belt holsters are not concealed within the meaning of this section.

D. Unlawful possession of a firearm is a crime punishable as prescribed by EPMC 9.04.640(A). [Ord. 2000-17 § 1 (5.154)].

9.04.100 Discharge of weapons.

A. No person other than a peace officer shall use, fire or discharge a slingshot, crossbow, bow and arrow, or weapon that acts by force of pressurized air or gas or gun powder or other explosive within the city or in a city-owned public park.

B. Subsection A of this section does not apply to or affect a person discharging a firearm in the lawful defense of person or property.

C. Violation of this section constitutes an infraction. [Ord. 2000-17 § 1 (5.160)].

9.04.110 Resisting arrest.

A. A person commits the crime of resisting arrest if he intentionally resists a person known by him to be a peace officer in making an arrest.

B. “Resists,” as used in this section, means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person.

C. It is no defense to a prosecution under this section that the peace officer lacked legal authority to make the arrest, provided he was acting under color of his official authority. [Ord. 2000-17 § 1 (5.170)].

9.04.120 Interfering with peace officer.

A. For purposes of this section, the following mean:

“Arrest” means to place a person under actual or constructive restraint for the purpose of charging him with an offense.

“Custody” means to place a person under actual or constructive restraint pursuant to a court order or for other lawful purpose.

“Stop” means a temporary restraint of a person’s liberty, by a peace officer lawfully present in a place, when the officer reasonably suspects that the person is committing or has committed a criminal offense, or when the officer reasonably believes that the person is in need of attention pursuant to ORS 426.215 or 426.460, or when the officer reasonably believes that the person is the subject of service of a valid court order.

“To leave the area of an arrest, custody or stop” means to physically move to a location not less than 10 feet extending in a radius from where a police officer is engaged in effecting an arrest, taking a person into custody, or stopping a person; provided, that the peace officer may extend the radius beyond 10 feet when he reasonably believes that the extension is necessary because of substantial risk of physical injury to any person.

B. No person shall refuse to leave the area of an arrest, custody, or stop, or, having left that area, reenter it, after being directed to leave the area by a person known to him to be a peace officer. [Ord. 2000-17 § 1 (5.175)].

9.04.130 Giving false information to a peace officer for a citation.

A person commits the crime of giving false information to a peace officer for a citation if the person knowingly uses or gives a false or fictitious name, address or date of birth to any peace officer for the purpose of the officer’s issuing or serving the person a citation under authority of this code. [Ord. 2000-17 § 1 (5.180)].

9.04.140 Initiating a false report.

No person shall knowingly initiate a false alarm or report to be transmitted to a fire department, law enforcement agency or other organization that deals with emergencies concerning danger to life or property. [Ord. 2000-17 § 1 (5.185)].

9.04.150 Unattended children in vehicles.

A. No person having custody or control of a child under 10 years of age shall leave the child unattended in any vehicle on a public street or alley, or a parking area that is open to the public. For the purposes of this section, “to leave a child unattended” means to leave a child without the custody or control of a person 14 years of age or older.

B. Violation of this section constitutes an infraction. [Ord. 2000-17 § 1 (5.190)].

9.04.160 Prohibited areas of adult entertainment business and prohibited conduct in business offering nude entertainment.

A. No business offering adult or nude entertainment will be allowed within 200 feet from any RF, R-1, R-2, R-3, or R-4 residential zone, permitted or conditional use within the mentioned zones (measured in a straight line from the closest edge of the property line on which the business is located to the closest edge of the property in the residential zone), or 1,000 feet of any public school, private school, day care center, adult care home, home-based day care, place of worship, public park, proposed public park, youth center, church, temple, youth sporting facility or grounds, gymnasium, family entertainment center, any school property, grange hall, community center, medical facility, retirement center, nursing home, senior center, historic registered structure or building, or any property zoned for public use (measured in a straight line from the closest edge of the property line on which the business is located to the closest edge of the property that is mentioned in the 1,000-foot restrictions above).

B. “Adult show” means a show in which a performer appears for any part of the show in any state of nudity.

C. “State of nudity” means appearing with any of the following exposed to view: (1) if a male, his genitalia or buttocks, (2) if a female, her genitalia, buttocks or any part of either breast below the top of the areola.

D. “Exposed to view” means without a covering consisting of an opaque material which does not stimulate the organ covered.

E. “Establishment” means a business principally engaged in providing food, drink, alcoholic beverages, entertainment, or any combination of the foregoing for consumption or viewing on the premises of the business.

F. No person, while performing in an adult show, shall intentionally come into physical contact with any patron.

G. No person (patron) shall intentionally come into physical contact with any person engaged (entertaining) in an adult show during any part of the show.

H. No person who performs in an adult show, while not entertaining, shall intentionally come into physical contact, while in a state of nudity, with any patrons, or appear while in a state of nudity in any area to which patrons have access.

I. No performer, while performing in an adult show, shall accept any gratuity or allow any gratuity to be placed on the person of the performer by any patron.

J. No person shall intentionally place any gratuity in the hand or on the person of a performer in an adult show during the show.

K. An adult show must be performed in an area separated from the audience by a distance of at least four feet. No person shall perform in an adult show in violation of this subsection.

L. No owner or manager of an establishment shall knowingly allow any employee, agent or contractor of the establishment to touch a patron’s covered or uncovered genitalia, pubic area, buttocks, or female breast.

M. No employee, agent or contractor of an establishment shall intentionally touch a patron’s covered or uncovered genitalia, pubic area, buttocks or female breast.

N. No owner or manager of an establishment shall allow any employee, agent or contractor of the establishment to appear in any public area of the establishment in a state of nudity.

O. No employee, agent or contractor of an establishment shall appear in any public area of the establishment in a state of nudity. [Ord. 2008-04 § 1; Ord. 2000-17 § 1 (5.221)].

9.04.170 Unnecessary noise.

A. No person shall make, continue, cause, or permit to be made or continued any noise disturbance. The following are declared to be noise disturbances in violation of this section, but this enumeration is not exclusive:

1. Barking dogs or other noisy animals which disturb the comfort and repose of any person in the vicinity.

2. Use of sound producing or reproducing equipment between the hours of 10:00 p.m. and 7:00 a.m. that is plainly audible within a dwelling unit that is not the source of the sound, or use of such equipment on public property or on a public right-of-way so as to be plainly audible 50 feet or more from the source of the sound. The city administrator or his designee may grant an exemption from this subsection to allow a person reasonable use of public property or the right-of-way to broadcast music or speech.

3. Parking a motor vehicle of 10,000 pounds GVW (gross vehicle weight) or more with the motor or auxiliary equipment in operation on a public right-of-way or on private property between the hours of 10:00 p.m. and 7:00 a.m., if the noise so produced is plainly audible within a dwelling unit. This subsection shall not apply to commercial construction equipment, to the normal operation of vehicles designed and used for commercial transportation of passengers, or to other vehicles being loaded or unloaded.

4. Alteration, demolition, erection, or repair of any structure between the hours of 6:00 p.m. and 7:00 a.m. The city administrator or his designee may grant an exception to a person from this subsection if the manager or his designee determines that the public interest requires it or that there are no persons in the area who would be disturbed by the work.

B. Violation of this section constitutes an infraction. Every day in which a noise disturbance as defined in this section is made, continued, caused, or permitted to be made or continued constitutes a separate infraction. [Ord. 2000-17 § 1 (5.225)].

9.04.180 Definitions.

For purposes of this section through EPMC 9.04.200, unless the context requires otherwise, the following mean:

“Dwelling” means a building which regularly or intermittently is occupied by a person lodged in it at night, whether or not a person is actually present.

“Enter or remain unlawfully” means to enter or remain in or upon premises when the premises, at the time of the entry or remaining, are not open to the public or when the entrant is not otherwise licensed or privileged to do so; or, to fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge.

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

“Person in charge” means a person, his representative, or his employee 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.

“Premises” means and includes any building and any real property, whether privately or publicly owned. [Ord. 2000-17 § 1 (5.240)].

9.04.190 Trespass – Dwelling.

No person shall enter or remain unlawfully in a dwelling. [Ord. 2000-17 § 1 (5.245)].

9.04.200 Trespass – Premises.

A. No person shall enter or remain unlawfully in or on premises.

B. Violation of this section constitutes an infraction. [Ord. 2000-17 § 1 (5.250)].

9.04.210 Hours of park closure.

A. No person shall be in any city public park, or vehicle parking area of those parks, or cemeteries at any time between the hours of dusk and 7:00 a.m. except that this section shall not apply to:

1. Pedestrians crossing the Mini Park of Library Park on a paved path;

2. Participants or spectators of an athletic contest in park areas lit by park flood lights for those contests;

3. Persons attending a scheduled event in a park building designated for community recreation or instruction; or

4. City employees or other government employees during the course official activities.

B. Violation of this section constitutes an infraction. [Ord. 2000-37 § 1; Ord. 2000-17 § 1 (5.255)].

9.04.220 Prohibited camping.

A. As used in this section:

1. “To camp” means to set up or to remain in or at a campsite.

2. “Campsite” means any place where any bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof.

B. It is found and declared that:

1. From time to time persons establish campsites on sidewalks, public rights-of-way, under bridges, and so forth;

2. Such persons by such actions create unsafe and unsanitary living conditions which pose a threat to the peace, health and safety of themselves and the community; and

3. The enactment of this provision is necessary to protect the peace, health and safety of the city and its inhabitants.

C. No person shall camp in or upon any sidewalk, street, alley, lane, public right-of-way, park or any other publicly owned property or under any bridge or viaduct, unless otherwise specifically authorized by this code or by declaration of the mayor in emergency circumstances. [Ord. 2000-17 § 1 (5.257)].

9.04.230 Defacing streets or sidewalks.

A. No person shall mark, deface, or paint an alley, street, sidewalk, bicycle path, or any part of the public right-of-way except as permitted by the council.

B. Violation of this section constitutes an infraction. [Ord. 2000-17 § 1 (5.260)].

9.04.240 Smoking in public buildings.

A. No person shall smoke in a building or room owned or occupied by a public or governmental agency if the person in control of the building or room has posted notice at the principal entrance stating “NO SMOKING.” For purposes of this section, the city administrator is in control of the Eagle Point City Hall.

B. Violation of this section constitutes an infraction. [Ord. 2000-17 § 1 (5.265)].

9.04.250 Mischief.

A. No person, having no right to do so nor reasonable ground to believe that he has such right, shall intentionally damage the property of another.

B. No person, acting with intent to cause substantial inconvenience to the property owner or to another person and having no right to do so nor reasonable ground to believe that he has such right, shall mistreat, mark, deface, or tamper with the property of another.

C. Violation of subsection B of this section that does not result in property damage exceeding $100.00 constitutes an infraction. [Ord. 2000-17 § 1 (5.270)].

9.04.260 Persons obstructing sidewalks, streets, alleys and bridges.

A. No person shall stand or gather with others upon any street, street crossing, bridge, Eagle Point covered bridge or sidewalk in a manner that obstructs the free passage of pedestrians or vehicular traffic.

B. Violation of this section constitutes an infraction. [Ord. 2000-17 § 1 (5.280)].

9.04.265 Eagle Point Covered Bridge #202 – Prohibited activities.

A. Loitering.

1. It shall be unlawful for any person to loiter, loaf, wander, linger, lurk, stand or remain idle, either alone or in assembly with others, upon, inside, within the wooden entrance, or around the Eagle Point Covered Bridge #202 in such as manner as to create a public nuisance:

a. Obstructs the free and uninterrupted passage of pedestrians, pedestrian traffic, or by hindering, delaying, impeding, intending to hinder or impede the free passage of any person; or

b. Commits any activity upon the structure that constitutes an obstruction or interference to the free and uninterrupted use of the structure; or

c. Places any physical object, such as a person, arms, legs, feet, skateboards, bicycles, etc., in the path of any wooden portion of the walkway of the covered bridge with the intent to cause delay, interrupted passage of pedestrians, or to hinder, delay, or impede the path of any person using or entering the structure.

2. It shall also be a violation for any person to loiter, loaf, wander, linger, lurk, stand or remain idle, either alone or in assembly with others, in connection with any activity that creates an unsafe environment or causes a nuisance, such as smoking, consumption of alcohol, drugs, or intoxicating substances, harassment, intimidation, noise, vibration, odor, or that is detrimental to the health, safety, and welfare of any person using or entering the structure.

3. It is unlawful to use any kind of fire or flammable device; possess or operate any motor vehicle, including motorcycles, mopeds, or any other kind of motorized equipment, except motorized wheelchairs; or

4. Bicycle riding, roller skating or rollerblading, or use of skateboards or scooters, motorized scooters or motorized bicycles.

B. Authority to Enforce. It shall be the duty of the chief of police and his or her designees to enforce this section pertaining to loitering. The authorities may enter upon public property for the purposes thereof, to obtain information as to the identity of individuals involved in such unsafe activity.

C. Penalty. Upon violation of any provision of this section regarding loitering as a public nuisance as described herein, any person found guilty of a violation is subject to a minimum fine of $250.00. [Ord. 2011-04, 2011].

9.04.270 Solicitation in violation of signs.

A. Any owner or occupant of a private residence may post a plainly visible sign at its principal entrance bearing the words “NO SOLICITORS” in letters at least one and one-half inches in height.

B. Any person who solicits at a private residence where a sign is posted in accordance with subsection A of this section is guilty of an infraction.

C. The term “solicit” as used in this section means to go on the premises of a private residence for the purpose of selling anything of value without having been requested or invited to do so by an occupant of such premises. [Ord. 2000-17 § 1 (5.282)].

9.04.280 Offensive littering.

A. No person shall create an offensive odor or degrade the natural appearance of property by:

1. Discarding or depositing any junk, garbage, scrap or debris upon public or private property;

2. Draining or allowing a flow of any waste water, toxic chemical solution, or effluent from a septic tank, cesspool, recreation vehicle, holding tank, or other source upon public or private property without lawful permission of the owner;

3. Discarding any garbage or debris from a vehicle which the person occupies, except this last provision does not apply to a person operating a vehicle transporting passengers for hire subject to regulation by the Interstate Commerce Commission or the Public Utility Commission of Oregon and to a person operating a school bus subject to ORS 485.010 through 485.060.

B. Violation of this section constitutes an infraction. [Ord. 2000-17 § 1 (5.285)].

9.04.290 Theft.

A. A person commits theft when, with intent to deprive another of property or to appropriate property to the person or to a third person, the person:

1. Takes, appropriates, obtains or withholds such property from an owner thereof; or

2. Commits theft of property lost, mislaid or delivered by mistake as provided in subsection B of this section; or

3. Commits theft by receiving as provided in subsection C of this section.

B. A person who comes into control of property of another that the person knows or has good reason to know has been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, commits theft if, with intent to deprive the owner of such property, the person fails to take reasonable measures to restore the property to the owner.

C. A person commits theft by receiving if the person receives, retains, conceals, or disposes of property of another, knowing or having good reason to know that the property was the subject of theft. “Receiving” means acquiring possession, control or title, or lending on the security of the property. [Ord. 2000-17 § 1 (5.291)].

9.04.300 Theft in the third degree.

A. A person commits the crime of theft in the third degree if, by means other than extortion, the person:

1. Commits theft as defined in EPMC 9.04.290; and

2. The total value of the property in a single or aggregate transaction is under $50.00.

B. Theft in the third degree is a crime punishable as prescribed in EPMC 9.04.640(D). [Ord. 2000-17 § 1 (5.292)].

9.04.310 Theft in the second degree.

A. A person commits the crime of theft in the second degree if, by means other than extortion, the person:

1. Commits theft as defined in EPMC 9.04.290; and

2. The total value of the property in a single or aggregate transaction is $50.00 or more but is under $200.00 in a case of theft by receiving and under $750.00 in any other case.

B. Theft in the second degree is a crime punishable as prescribed in EPMC 9.04.640(A). [Ord. 2000-17 § 1 (5.294)].

9.04.320 Theft of services.

A. A person commits the crime 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.

D. Theft of services is:

1. A crime punishable as prescribed in EPMC 9.04.640(D) if the aggregate total value of services that are the subject of the theft is under $50.00; and

2. A crime punishable as prescribed in EPMC 9.04.640(A) if the aggregate total value of services that are the subject of the theft is $50.00 or more but is under $500.00. [Ord. 2000-17 § 1 (5.296)].

9.04.330 Attempted theft.

A. A person commits the crime of attempted theft when the person intentionally engages in conduct which constitutes a substantial step toward commission of the crime of theft.

B. Attempted theft of property or services is a crime punishable as prescribed in EPMC 9.04.640(C) if the aggregate total value of property or services that are the subject of the attempted theft is $50.00 or more but is under $500.00.

C. Attempted theft of property or services is an infraction if the aggregate total value of property or services that are the subject of the attempted theft is under $50.00. [Ord. 2000-17 § 1 (5.298)].

9.04.340 Inhaling toxic vapors.

A. No person shall inhale a substance or vapor containing ketones, aldehydes, organic acetates, ether or chlorinated hydrocarbons in a quantity to cause intoxication, stupefaction or hallucination, while the person is in or on a street, sidewalk, alley, public right-of-way, public park, other publicly owned facility, or premises open to the general public for the use of motor vehicles, whether the premises are publicly or privately owned and whether or not a fee is charged for the use of the premises.

B. Violation of this section constitutes an infraction. [Ord. 2000-17 § 1 (5.305)].

9.04.350 Drinking in public.

A. Except as provided in subsections B and C of this section, no person shall consume alcoholic liquor in or on a street, sidewalk, alley, public right-of-way, public park, other publicly owned facility, or premises open to the general public for the use of motor vehicles, whether the premises are publicly or privately owned and whether or not a fee is charged for the use of the premises.

B. With the advance approval of the city administrator, wine and malt beverages may be sold and consumed at an event sponsored by a nonprofit organization on any parking lot owned by the city. The administrator shall notify the city council of his intent to issue such a permit and the council may overrule the administrator’s decision on its own motion.

C. The following conditions shall apply to events approved under subsection B of this section:

1. The applicant shall submit a written application to the city administrator and pay a fee of $25.00.

2. The applicant shall comply with all requirements of Sections 2.185 and 2.190 of this Code.

3. The applicant must obtain a permit from the Oregon Liquor Control Commission.

4. The applicant must provide licensed private security guards or Eagle Point police officers in sufficient numbers to maintain order. The chief of police shall recommend to the city administrator the number of officers reasonably needed to maintain order under the circumstances existing.

5. Wine and malt beverages may be sold and consumed only under a canopy, shelter, or within a tent or other enclosure.

6. Only wine and malt beverages purchased on the premises may be consumed.

7. The city administrator shall grant the permit only if the administrator finds that the noise created by the event would not be unreasonable considering the hours and location.

8. The city administrator or city council may prescribe any additional conditions which it deems necessary to protect the public health, safety and welfare.

D. Violation of this section constitutes an infraction punishable by a fine not to exceed $1,000. [Ord. 2000-17 § 1 (5.310)].

9.04.360 Possession of controlled substance.

A. Notwithstanding the placement of marijuana in a schedule of controlled substances under ORS 475.005 and 475.285, no person shall intentionally or knowingly possess less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant cannabis family Moraceae.

B. Violation of this section constitutes an infraction punishable as provided in EPMC 9.04.640(E). [Ord. 2000-17 § 1 (5.315)].

9.04.370 Misrepresentation of age.

A. No person being less than a certain, specified age shall represent himself to be of any 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. No person being unmarried shall represent that he is married with the intent of securing a right, benefit or privilege which by law is denied to unmarried persons.

C. Violation of this section constitutes an infraction. [Ord. 2000-17 § 1 (5.330)].

9.04.380 Purchase or possession of liquor by minor.

A. No person under the age of 21 years shall attempt to purchase, purchase or acquire alcoholic liquor. Except when such minor is in a private residence accompanied by the parent or guardian of the minor and with such parent’s or guardian’s consent, no person under the age of 21 years shall have personal possession of alcoholic liquor.

B. Violation of this section constitutes an infraction. [Ord. 2000-17 § 1 (5.350)].

9.04.390 Furnishing liquor to minors.

No person shall sell, give or otherwise make available alcoholic liquor to a person under the age of 21 years, except that this section does not apply to parent or legal guardian who furnishes liquor to his child or to a minor person under his custody and control, in the parent’s or guardian’s home only. [Ord. 2000-17 § 1 (5.360)].

9.04.400 Sale of smoking devices.

A. No person shall knowingly sell to a person under 18 years of age a smoking device designed for smoking tobacco or any controlled substance. For the purposes of this section, “smoking devices” are those described in Chapter 838, Oregon Laws of 1981.¹

B. A person who sells any smoking device described in subsection A of this section shall display a sign clearly stating that the sale of such devices to persons under 18 years of age is prohibited by law.

C. Violation of subsection B of this section constitutes an infraction. [Ord. 2000-17 § 1 (5.370)].

9.04.410 Intent and purpose of EPMC 9.04.410 to 9.04.430.

The city council of the city of Eagle Point finds and declares that the health and welfare of the citizens of the city of Eagle Point are promoted by limiting the availability of cigarettes and tobacco products to children under the age of 18 years, through the means of restricting the location of vending machines dispensing cigarettes or tobacco products. [Ord. 2000-17 § 1 (5.380)].

9.04.420 Definitions.

“Accessible to persons under the age of 18 years” means, in reference to premises, that no prohibition exists to the entry upon premises, or a discrete portion of premises, by persons who have not attained the age of 18 years.

“Cigarette” has the meaning set out in ORS 323.010(1).

“In direct view” means that a person in charge of the tobacco vending machine, while at the person’s primary work station, can see the facial features of a person who causes the tobacco vending machine to dispense cigarettes or any tobacco product.

“Primary work station” means the place or area where a person spends substantially all of the person’s time while in charge of the tobacco vending machine.

“Tobacco products” has the meaning set out in ORS 323.500(9).

“Tobacco vending machine” means any self-service device offered for public use which, upon insertion of a coin, coins, currency or token, or by other means, dispenses cigarettes or any tobacco product, either in bulk or package, without the necessity of replenishing the device between each vending operation.

“Under control of a person in charge” means that the tobacco vending machine is in direct view of, and within 25 feet of, a person who owns the tobacco vending machine or who has the right to control the use of premises where the tobacco vending machine is located; or, an employee of either who is charged with the duty to prevent persons under 18 years of age from obtaining cigarettes or tobacco products from the tobacco vending machine. [Ord. 2000-17 § 1 (5.385)].

9.04.430 Tobacco vending machines prohibited.

A. Except as provided in subsection B of this section, it shall be unlawful:

1. For any person in possession of any premises located within the city of Eagle Point to place or allow to be placed on such premises any tobacco vending machine, or

2. For any person who owns or controls a tobacco vending machine to place or allow to be placed such tobacco vending machines at premises within the city of Eagle Point.

B. The prohibitions of subsection A of this section shall not apply to premises or to tobacco vending machines on premises that are:

1. Licensed by the Oregon Liquor Control Commission for on-premises consumption of alcoholic beverages or as a retail liquor store;

2. Maintained for the use of employees and not open to the public;

3. Not accessible to persons under the age of 18 years;

4. Under the control of a person in charge of the tobacco vending machine; or

5. Configured in a way that will allow a blind person, as that term is defined in ORS 346.110(3), who has training and skills that enable the blind person to determine if a person obtaining cigarettes or any tobacco product from a tobacco vending machine is under 18 years of age, and which blind person is in control of the tobacco vending machine.

C. Violation of this section constitutes an infraction. [Ord. 2000-17 § 1 (5.390)].

9.04.440 Unlawful accumulation of junk.

A. No person shall cause or allow an unsightly or malodorous accumulation of junk, garbage, animal feces, scrap metal, scrap lumber, used tires, discarded building material, appliances or fixtures, or dismantled machinery on public or private property unless the property is in lawful use for junk storage or recycling in compliance with applicable state and federal laws and this code.

B. A violation of this section constitutes an infraction. Every day in which the accumulation exists constitutes a separate infraction. In a prosecution for violation of this section, the property owner shown on the tax records of Jackson County, the lessee, or other person in control of the property shall be presumed to have caused or allowed the accumulation unless that presumption is rebutted by either party.

C. The unlawful accumulation of junk is declared to be a public nuisance, and may be abated in the manner provided in EPMC 9.04.550. [Ord. 2000-17 § 1 (5.500)].

9.04.450 Owners to provide garbage receptacles.

A. Effective June 1, 2000, the owner of any dwelling who rents, leases, or lets dwelling units for human habitation shall provide, in a location accessible to all dwelling units, a minimum of one 30-gallon receptacle for each dwelling unit, or, if a multiple-family unit, a receptacle with a combined capacity of 30 gallons per dwelling unit, into which garbage and rubbish from the dwelling units may be emptied for storage between days of collection. Receptacles and lids shall be watertight and provided with handles. All receptacles shall be maintained free from holes and covered with tight-fitting lids at all times.

B. Violation of this section constitutes an infraction. [Ord. 2000-17 § 1 (5.502)].

9.04.460 Unlawful storage of vehicles.

A. For purposes of this section, the following mean:

1. “Neglected or discarded vehicle” means a vehicle that is or appears to be inoperative, wrecked, dismantled or partially dismantled.

2. “Vehicle” means a device in or by which a person or property is or may be transported or drawn upon a public highway, excluding a device moved by human power or used exclusively upon stationary rails or tracks, and including, but not limited to, a body, an engine, a transmission, a frame or other major part.

3. “Wrecked, dismantled, or inoperative vehicle” means a vehicle that is inoperative and cannot be made mechanically operative without the addition of vital parts or mechanisms and the application of a substantial amount of labor to effect repairs.

B. No person shall store or permit to be stored a neglected or discarded vehicle upon private or public property within the city for more than five days unless the vehicle is completely enclosed within a legally permitted building, or unless it is stored by a licensed business enterprise dealing in junked vehicles lawfully conducted within the city.

C. A violation of this section constitutes an infraction. Every day the vehicle or part is stored or permitted to remain unlawfully constitutes a separate infraction.

D. Storing vehicles in violation of this section is declared to be a public nuisance and may be abated in the manner provided in EPMC 9.04.550. In addition to the notice to the property owner provided in EPMC 9.04.550, if it is determined that the owner of the real property and the owner of the vehicle constituting the nuisance are not the same person and if any indication of vehicle ownership is available, notice of the city’s intent to remove and dispose of the vehicle shall also be sent to the owner of the vehicle.

E. If the owner of property on which a discarded vehicle is located denies responsibility for the presence of the vehicle or vehicle part on the property, and the council determines that the vehicle was placed on the property without the consent of the property owner and that he has not subsequently acquiesced in its presence, the council shall not assess the cost of abatement and removal against the property or attempt to collect the cost of abatement and removal from the property owner.

F. If the council determines that the owner of real property on which a neglected or discarded vehicle is located is not liable for the cost of removal and disposal, the cost, including costs of administration, shall be collected from the last registered owner of the vehicle unless the owner in the transfer of ownership has complied with ORS 481.405. [Ord. 2000-17 § 1 (5.505)].

9.04.470 Ice and snow removal.

A. An owner or occupant of property abutting a sidewalk shall remove snow accumulated upon the sidewalk, and shall make an ice-covered sidewalk safe by removing the ice or covering the ice with a suitable material allowing safe travel, within the first two hours of daylight following the snow accumulation or ice formation.

B. Violation of this section constitutes an infraction. [Ord. 2000-17 § 1 (5.510)].

9.04.480 Chronic nuisance property.

For purposes of EPMC 9.04.480 through 9.04.580, the following mean:

“Chronic nuisance property” means property on which three or more nuisance activities have occurred during any 30-day period; property on which or within 200 feet of which any person associated with the property has engaged in three or more nuisance activities during any 30-day period; or property which, upon request for execution for a search warrant, has been the subject of a determination by a court that probable cause that possession, manufacture, or delivery of a controlled substance or related offenses as defined in ORS 167.203, 475.005 to 475.285 and/or 475.940 to 475.995 have occurred within the previous 30 days; and the execution of the search warrant has resulted in the discovery of such controlled substances.

“Control” means the ability to regulate, restrain, dominate, counteract or govern conduct that occurs on a property.

“Nuisance activities” means any of the following activities, behaviors or criminal conduct: harassment as defined in ORS 166.065(1)(a) or EPMC 9.04.070; intimidation as provided in ORS 166.155 through 166.165; disorderly conduct as provided in ORS 166.025 or EPMC 9.04.050; assault or menacing as provided in ORS 163.160, 163.165, 163.175, 163.185, or 163.190 or EPMC 9.04.020 or 9.04.030; sexual abuse, contributing to the delinquency of a minor, or sexual misconduct as provided in ORS 163.415, 163.425, 163.427, 163.435 or 163.445; public indecency as provided in ORS 163.465; prostitution or related offenses as provided in ORS 167.007, 167.012, and 167.017; alcoholic liquor violations as provided in ORS 471.105 through 471.482 or EPMC 9.04.380 or 9.04.390; theft as provided in ORS 164.015 through 164.140 or EPMC 9.04.290 through 9.04.330; arson or related offenses as provided in ORS 164.315 through 164.335; possession, manufacture, or delivery of a controlled substance or related offenses as provided in ORS 167.203, 475.005 to 475.285, 475.940 to 475.995 or EPMC 9.04.360; illegal gambling as provided in ORS 167.117, 167.122, and 167.127; criminal mischief as provided in ORS 164.345 through 164.365 or EPMC 9.04.250; any attempt to commit (as defined by ORS 161.405), or conspiracy to commit (as defined by ORS 161.455), any of the above offenses; discharge of a firearm as provided in EPMC 9.04.100; unlawful operation of sound producing or reproducing equipment or unnecessary noise as provided in EPMC 9.04.170, excluding violations of EPMC 9.04.170(A); unlawful drinking in public as provided in EPMC 9.04.350.

“Permit” means to suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.

“Person” means any natural person, agent, association, firm, partnership or corporation capable of owning, occupying or using property in the city of Eagle Point.

“Person associated with” means any person who, on the occasion of a nuisance activity, has entered, patronized, visited, or attempted to enter, patronize or visit, or waited to enter, patronize or visit a property or person present on a property, including without limitation any officer, director, customer, agent, employee, or any independent contractor of a property, person in charge, or owner thereof.

“Person in charge” means any person, in actual or constructive possession of a property, including, but not limited to, an owner or occupant of property under his dominion, ownership or control.

“Property” means any property, including land and that which is affixed, incidental or appurtenant to land, including, but not limited to, any business or residential premises, room, house, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof, or any business equipment, whether or not permanent. For property consisting of more than one unit, property is limited to the unit or the portion of the property on which any nuisance abatement has occurred or is occurring, but includes areas of the property used in common by all units of property including without limitation other structures erected on the property and areas used for parking, loading and landscaping. [Ord. 2000-17 § 1 (5.511)].

9.04.490 Violation.

A. Any property within the city of Eagle Point which is a chronic nuisance property is in violation of these provisions and subject to the remedies prescribed.

B. Any person in charge who permits property to be a chronic nuisance property shall be in violation of these provisions and subject to the remedies prescribed. [Ord. 2000-17 § 1 (5.512)].

9.04.500 Procedure.

A. When the chief of police receives two or more police reports documenting the occurrence of a nuisance activity on or within 200 feet of a property within the city, the chief or the chief’s designee shall independently review such reports to determine whether they describe any acts enumerated under nuisance activities above. Following such review the chief may notify the person in charge in writing that the property is in danger of become chronic nuisance property.

B. The notice shall contain the following information:

1. The street address or a legal description sufficient for identification of the property;

2. A statement that the chief has information that the property may be chronic nuisance property, with a concise description of the nuisance activities that may exist, or that have occurred. The chief shall offer the person in charge an opportunity to propose a course of action that the chief agrees will abate the nuisance activities giving rise to the violation;

3. Demand that the person in charge respond to the chief within 10 days to discuss the nuisance activities.

C. After notification of nuisance activities to a person in charge, when the chief receives a police report documenting the occurrence of a third nuisance activity at or within 200 feet of a property and determines that the property has become chronic nuisance property, the chief shall notify the person in charge in writing that the property has been determined to be a chronic nuisance property. The notice shall contain the following information:

1. The street address or a legal description sufficient for identification of the property;

2. A statement that the chief has determined the property to be a chronic nuisance property with a concise description of the nuisance activities leading to his findings;

3. Demand that the person in charge respond within 10 days to the chief and propose a course of action that the chief agrees will abate the nuisance activities giving rise to the violation;

4. Service shall be made either personally or by first class mail, postage prepaid, return receipt requested, addressed to the person in charge at the address of the property, or such other place which is likely to give the person in charge notice of the determination by the chief;

5. A copy of the notice shall be served on the owner at such address as shown on the tax rolls of the county, and/or the occupant at the address of the property, if these persons are different than the person in charge, and shall be made either personally or by first class mail, postage prepaid;

6. A copy of the notice shall also be posted at the property if 10 days has elapsed from the service or mailing of the notice to the person in charge and the person in charge has not contacted the chief;

7. The failure of any person to receive notice that the property may be a chronic nuisance property shall not invalidate or otherwise affect the proceedings under these provisions.

D. If after the notification, but prior to the commencement of legal proceedings by the city pursuant to these provisions, a person in charge stipulates with the chief that the person in charge will pursue a course of action the parties agree will abate the nuisance activities giving rise to the violation, the chief may agree to postpone legal proceedings for a period of not less than 10 nor more than 30 days.

E. Concurrent with any notification procedures set forth above, the chief shall send copies of the notice, as well as any other documentation which supports legal proceedings against the property, to the city attorney.

F. When a person in charge makes a response to the chief, any conduct or statements made in connection with the furnishing of that response shall not constitute an admission that any nuisance activities have or are occurring. This section does not require the exclusion of any evidence which is otherwise admissible or offered for any other purpose. [Ord. 2000-17 § 1 (5.513)].

9.04.510 Burden of proof – Defenses – Mitigation of civil penalty.

A. In an action for chronic nuisance property, the city shall have the initial burden of proof to show by a preponderance of the evidence that the property is chronic nuisance property.

B. It is a defense to an action for chronic nuisance property that the person in charge at all material times could not, in the exercise of reasonable care or diligence, determine that the property had become chronic nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the determination that the property is chronic nuisance property.

C. In establishing the amount of any civil penalty requested, the court may consider any of the following factors and shall cite those found applicable:

1. The actions taken by the person in charge to mitigate or correct the nuisance activities at the property;

2. The financial condition of the person in charge;

3. Whether the problem at the property was repeated or continuous;

4. The magnitude or gravity of the problem;

5. The cooperativeness of the person in charge with the city;

6. The cost of the city of investigating and correcting or attempting to correct the nuisance activities;

7. Any other factor deemed by the court to be relevant. [Ord. 2000-17 § 1 (5.514)].

9.04.520 Closure during pendency of action – Emergency closures.

Any emergency closure proceeding initiated under this provision shall be based on evidence showing that nuisance activities have occurred on the property and that emergency action is necessary to avoid an immediate threat to public welfare and safety. Proceedings to obtain an order of emergency closure shall be governed by the provisions of ORCP 79 for obtaining temporary restraining orders. In such an event the notification procedures set forth above need not be complied with. [Ord. 2000-17 § 1 (5.515)].

9.04.530 Commencement of actions – Remedies.

A. The city administrator may authorize the city attorney to commence legal proceedings in a court of competent jurisdiction to enjoin or abate chronic nuisance property and to seek closure, the imposition of civil penalties against any or all of the persons in charge of such property, and any such other relief deemed appropriate.

B. If after the commencement but prior to the trial of any action or suit brought by the city, a person in charge of chronic nuisance property stipulates with the city that he will pursue a course of action the parties agree will abate the nuisance activities giving rise to the violation, the city may agree to stay proceedings for a period of not less than 10 nor more than 60 days, except in the case of nuisance activity involving drugs where a search warrant was executed at the property. The person in charge or the city may thereafter petition the court for such additional periods of time as may be necessary to complete the action(s) to abate the nuisance activities. However, in the event that the city reasonably believes the person in charge of a property is not diligently pursuing the action(s) necessary to abate the nuisance activities, the city may apply to the court for release from the stay and may seek such relief as is deemed appropriate.

C. In the event a court determines property to be chronic nuisance property, the court shall order that the property be closed and secured against all access, use and occupancy for a period of not less than six months, nor more than one year. The court shall retain jurisdiction during any period of closure. The person in charge may petition the court for an order reducing the period of closure if the person in charge and the city stipulate that the nuisance has been and will continue to be abated.

D. If a property is found to be chronic nuisance property, the person in charge of the chronic nuisance property is subject to a civil penalty of up to $100.00 per day for each day nuisance activities occurred on the property following notice.

E. The provisions of EPMC 9.04.480 through 9.04.540 are separate and distinct remedies from those specified in EPMC 9.04.550 through 9.04.580. Nothing in these provisions shall require any conviction for criminal activities prior to the commencement of any action provided in this chapter. [Ord. 2000-17 § 1 (5.516)].

9.04.540 Enforcement.

A. The court may authorize the city to physically secure the property against all access, use or occupancy in the event that the person in charge fails to do so within the time specified by the court. In the event that the city is authorized to secure the property, all costs reasonably incurred by the city to physically secure the property shall be paid to the city by the person in charge and may be included in the city’s money judgment. As used in this section, “costs” means those costs actually incurred by city for physically securing the property, as well as tenant relocation costs pursuant to this section.

B. The city department(s) physically securing the property shall prepare a statement of costs and the city shall thereafter submit that statement to the court for its review. If no objection to the statement is made within the period prescribed by Oregon Rule of Civil Procedure 68, the statement of costs shall be included in the city’s money judgment.

C. Judgments imposed by this chapter shall bear interest at the rate of nine percent per year from the date the judgment is entered.

D. Any person who is assessed the costs of physically securing the property by the court shall be personally liable for the payment of such costs to the city.

E. The person in charge shall pay reasonable relocation costs of a tenant as defined by ORS 90.100(31) if, without actual notice, the tenant moved into the property after either:

1. A person in charge received a notice from the chief’s determination that the property may be nuisance property; or

2. A person in charge received notice of an action brought to close a chronic nuisance property. [Ord. 2000-17 § 1 (5.517)].

9.04.550 Nuisance abatement.

A. When the city administrator, through the building, fire, planning, police, or public works departments, has knowledge that a public nuisance exists, unless summary abatement is authorized, he shall require notice to be posted on the property liable for abatement of a nuisance, directing the removal of the nuisance.

B. At the time of posting, the city recorder shall cause a copy of the notice to be mailed to the owner of the property, or his agent, at the address last shown on the records of the Jackson County tax assessor.

C. The person posting and the person mailing the notice shall file a certificate with the city recorder stating the date that the notices were posted and mailed.

D. The notice to abate shall contain:

1. A description of the property, by street address or otherwise, on which the nuisance exists;

2. A description of the nuisance;

3. A direction to remove and abate the nuisance within 10 days of the date of notice or show that no nuisance exists, as provided by EPMC 9.04.560;

4. A statement that unless the nuisance is removed or a hearing requested under EPMC 9.04.560, the city, on expiration of 10 days from the date of notice, shall remove the nuisance and assert a lien on the property for the cost of removal plus 25 percent or $15.00, whichever is greater, for administrative costs;

5. A statement that failure to abate the nuisance may warrant imposition of a fine.

E. An error in the name or address of the owner or agent shall not make the mailed notice void, and in such case the posted notice shall be sufficient. [Ord. 2000-17 § 1 (5.520)].

9.04.560 Abatement by owner.

A. Within 10 days after posting and mailing the notice described in EPMC 9.04.550, the owner or owner’s agent shall remove or abate the nuisance or file with the city recorder a written statement that no nuisance exists and request a hearing. If a written statement is filed, the city recorder shall set the matter for an administrative hearing within 30 days of receiving the request.

B. On receipt of the written statement, the city recorder at the time specified shall hear the owner or agent and may hear other persons and consider other matters relevant to the issue of whether a nuisance in fact exists. The city recorder shall make a determination of the issue without being bound by technical rules of evidence.

C. If the city recorder determines that a nuisance in fact exists, the owner or his agent shall abate the nuisance within 10 days of the city recorder’s findings and if not, the nuisance shall be abated by the city in the manner provided in EPMC 9.04.570.

D. The owner or owner’s agent may appeal the city recorder’s findings to the city council. A written notice of appeal shall be filed with the city recorder within 10 days after the city recorder’s decision is mailed. The city recorder shall set the matter for public hearing at the next regular meeting of the city council. If the city council determines that a nuisance exists, the owner or owner’s agent shall abate the nuisance within 10 days of the council’s decision; or the nuisance shall be abated by the city in the manner provided in EPMC 9.04.570. [Ord. 2000-17 § 1 (5.525)].

9.04.570 Abatement by the city.

A. If the nuisance described in the notice has not been removed or abated within the time allowed, or cause shown as specified in EPMC 9.04.560, the city administrator or his agent shall cause the nuisance to be abated.

B. Notwithstanding other provisions of this code, whenever, in the judgment of the city administrator or his agent, there is reasonable cause to believe that a clear and immediate danger to the public health, welfare, or safety or to the environment exists from the public nuisance, the city administrator or his agent without hearing or prior notice may cause the summary abatement of such public nuisance.

C. The city administrator or his agent shall cause a record to be kept of the cost incurred in abating the nuisance, including a charge of 25 percent or $15.00, whichever is greater, for administration, and shall file a statement of costs with the city recorder, who may then assess the costs on the property as provided in EPMC 9.04.580. [Ord. 2000-17 § 1 (5.530)].

9.04.580 Assessment of costs.

A. The city recorder shall mail notice of the assessment for the cost of nuisance abatement to the property owner or his agent, stating:

1. The date the notice is mailed;

2. The cost of abatement;

3. That the cost will be assessed to and become a lien against the property for the amount indicated;

4. That objections to the proposed assessment must be made in writing and filed with the recorder not more than 15 days after mailing the notice.

B. Not less than 15 days after the date of the notice, objections to the proposed assessment shall be heard and determined by the council in its regular course of business.

C. An assessment for the cost of abatement as determined by the council shall be entered in the docket of city liens. When the entry is made, or not less than 30 days after the mailing of the notice provided in subsection (A)(1) of this section, whichever is later, it shall constitute a lien on the property from which the nuisance was abated.

D. The lien shall be enforced in the same manner as liens for street improvements are enforced, and shall bear interest at the rate specified in EPMC 3.12.110, beginning 10 days after the entry of the lien in the lien docket.

E. An error in the name of the owner or agent in charge of the property or a failure to receive the notice of the assessment shall not render the assessment void, but it shall remain a valid lien against the property. [Ord. 2000-17 § 1 (5.535)].

9.04.590 Sale of coal.

A. No person shall sell, offer for sale, trade, or deliver coal within the city. The term “coal” as used in this section means mineral coal and does not include charcoal. This section does not apply to sale of coal to anyone holding a valid air contaminant discharge permit issued by the Oregon Department of Environmental Quality authorizing the burning of coal for industrial purposes.

B. Violation of this section constitutes an infraction. [Ord. 2000-17 § 1 (5.540)].

9.04.600 Outside burning.

A. No person shall start or maintain any fire outside a building (except for an outdoor cooking fire and agricultural heating devices) for the purpose of burning any combustible material, or cause or participate therein, nor shall any person in control of any premises cause or knowingly allow any such fire to be started or maintained on any part of the premises unless:

1. A written permit has been issued by the city of Eagle Point public safety director, fire chief or his agent to maintain such fire at that location; and

2. The fire is started and maintained in accordance with the terms of the permit and the following requirements of this section. No outside burning whatsoever shall be permitted during November, December, January and February, except for an outdoor cooking fire and agricultural heating devices.

B. No permit will be issued where burning would violate Oregon Administrative Rules governing open burning in the Rogue Basin open burning control area.

C. The public safety director, fire chief or his agent shall not approve outside burning on any day if he determines that low humidity, high winds, drought, or other weather or other unusual conditions exist which make outside burning generally, or at the particular time and place proposed, unreasonably hazardous to the safety of persons or property. In no event shall the public safety director or fire chief approve outside burning on a day when one or more of the following conditions exist, or in his determination will exist:

1. Temperatures above 90 degrees Fahrenheit;

2. Wind above 20 miles per hour; or

3. Humidity below 30 percent.

D. The public safety director or fire chief or his agent may approve outside burning on any day when he determines that the ventilation index is or will be greater than 400 during that day. The ventilation index is the National Weather Service’s indicator of the relative degree of air circulation for the Medford area.

E. Fires which are subject to this section shall be maintained during daylight hours and by a competent adult person and shall be extinguished prior to darkness unless continued burning is specifically authorized in writing by the public safety director or fire chief.

F. A permit may be issued only for the following purposes:

1. Controlling agricultural diseases such as blight that must be quickly destroyed by fire to prevent the spread of the disease;

2. Burning contaminated pesticide containers as prescribed by DEQ, and manufacturer specifications;

3. Burning beehives and beekeeping paraphernalia to eradicate the spread of disease;

4. Burning a structure or the other use of fire for training purposes by a fire department in coordination with DEQ; or

5. Field burning in agricultural areas.

G. Violation of this section constitutes an infraction.

H. Outside burning without a permit is declared to be a public nuisance and may be summarily abated by the public safety director or fire chief. [Ord. 2000-17 § 1 (5.550)].

9.04.610 Control of dogs.

A. No person who owns or keeps a dog shall permit the dog to:

1. Defecate on a street, sidewalk or publicly owned property unless the person immediately removes the feces from the property;

2. Chase vehicles or persons;

3. Scatter garbage;

4. Run at large anywhere within the city limits, or within any city-owned public park except for any park area specifically designated as a “dog park.” To “run at large” means to be off a leash.

B. Violation of this section constitutes an infraction. [Ord. 2000-17 § 1 (5.600)].

9.04.620 Failure to appear.

No person, having by court order been released from custody or a correctional facility upon a release agreement or security release upon the condition that he will subsequently appear personally in connection with a charge against him of having committed an offense against this code, shall intentionally fail to appear as required. [Ord. 2000-17 § 1 (5.800)].

9.04.630 Failure to appear on a citation.

A person commits the crime of failure to appear on a citation when the person:

A. Knowingly fails to appear before the court pursuant to a citation issued and served according to the provisions of this code and a complaint is filed; or

B. Knowingly fails to post bail, appear for a hearing, or comply with a sentence as ordered by the court. [Ord. 2000-17 § 1 (5.805)].

9.04.640 Penalties.

A. Except as provided in subsections C and D of this section, a violation of a provision of this chapter not classified as an infraction is a crime and is punishable by a fine not exceeding $1,000.

B. Except as provided in subsection E of this section, a violation of a provision of this title classified as an infraction is punishable by a fine not exceeding $250.00. Conviction of an infraction does not give rise to any disability or legal disadvantage based on conviction of a crime.

C. A violation of EPMC 9.04.050, 9.04.070, 9.04.080, and 9.04.330(B) is a crime and is punishable by a fine not exceeding $1,000.

D. A violation of EPMC 9.04.130, 9.04.220, 9.04.300 and 9.04.320(D)(1) is a crime and is punishable by a fine not exceeding $500.00.

E. A violation of EPMC 9.04.360 is an infraction and is punishable by a fine of not less than $500.00.

F. When a person is convicted of criminal activity that has resulted in ascertainable damages to any person, in addition to any other sentence it may impose, the court may order that the defendant make restitution to the victim. For purposes of this subsection, the definitions of ORS 137.103 apply. [Ord. 2000-17 § 1 (5.990)].

Code reviser’s note: See ORS 163.575(1)(e).