CHAPTER 130
General Offenses
Section
General Offenses
130.01 City Prosecutor
130.02 Controlled substances
130.03 Disturbing religious assemblies
130.04 Unauthorized posters
130.05 Endangering pedestrians
130.06 Failure to maintain water overflow drainage system
130.07 Drinking in public places
130.08 Spitting in public places
130.09 Urinating in public places
130.10 Obstructing building entrances
130.11 Failing to supervise a minor
130.12 Social games
Weapons
130.30 Discharging air guns and non-firearm weapons
130.31 Discharging of firearms
GENERAL OFFENSES
130.01 CITY PROSECUTOR.
Subject to statutory provisions, prosecution of offenses under this chapter and any city ordinance in Municipal Court shall be by the appointed City Prosecutor or appointed City Attorney, or deputies or assistants thereof, properly appointed, whose term shall continue until resignation or release, or by other proper authority as might be allowed by law. Where so appointed the City Prosecutor shall have the statutory authority of the City Attorney under Oregon law.
(Ord. 2009, passed 8-28-00)
130.02 CONTROLLED SUBSTANCES.
(A) Any person who delivers, for no consideration, less than five grams of the dried leaves, stems, and flowers of the plant cannabis family moraceae is guilty of a violation, punishable by a fine of not less than $500 and not more than $1,000.
(B) Any person who knowingly or intentionally is in unlawful possession of a controlled substance in Schedule V is guilty of a Class A violation.
(C) Any person who knowingly or intentionally is in unlawful possession of less than one avoirdupois ounce of the dried leaves, stems, and flowers of the plant cannabis family moraceae is guilty of a violation, punishable by a fine of not less than $500 and not more than $1,000.
(D) It is unlawful for any person to establish, operate or conduct the business of a medical marijuana facility registered with the Oregon Health Authority in the City of Hermiston. (Unregistered medical marijuana facilities are subject to state law.)
(E) Any person who violates subsection (D) of this section commits a Class A violation. Each day that a violation continues is a separate offense.
(Ord. 2009, passed 8-28-00; Am. Ord. 2216, passed 3-3-14)
130.03 DISTURBING RELIGIOUS ASSEMBLIES.
(A) It shall be unlawful for any person to disturb or disquiet any congregation or assembly lawfully met for religious worship or for any other lawful purpose by making loud and unnecessary noises or by rude and indecent behavior or profane language within any place of assembly, or so near to the same as to disturb the order and solemnity of the meeting.
(B) The offense described in this section, disturbing religious assemblies, is a Class A violation.
(Ord. 2009, passed 8-28-00) Penalty, see Ch. 138
130.04 UNAUTHORIZED POSTERS.
(A) It shall be unlawful for any person to affix a placard, bill or poster upon any personal or real property, private or public, without first obtaining permission of the owner or proper public official.
(B) A corporation, including a business sponsor, entertainer, facility, or other entity mentioned in any placard, bill or poster placed in violation of division (A) above shall be liable as to the placement of the placard, bill or poster, where the corporation, through its agents, officers, contracted advertisers, or employees, knew of the placement, authorized, solicited, requested, commanded or knowingly tolerated the placement thereof or failed to promptly cause to be removed any placards, bills, or posters upon receiving notice of the placement of such placards, bills or posters.
(C) A non-corporate entity, through its owner or owners, such as a partnership, limited liability company, or sole proprietorship or other legally recognized business operating entity, mentioned in any placard, bill or poster placed in violation of division (A) above shall be liable as to the placement of the placard, bill or poster, where the entity, through its agents, officers, members, contracted advertisers, or employees, knew of the placement, authorized, solicited, requested, commanded or knowingly tolerated the placement or failed to promptly cause to be removed such placards, bills, or posters upon receiving notice of the placement of such placards, bills or posters.
(D) A person shall be liable under division (A) above for placards, bills, or posters placed in violation thereof setting forth a place for an event, thing or happening, and the person apparently in charge of the event, thing or happening, or in apparent charge, or ownership of the location of the event, thing or happening, knew of the placement, authorized, solicited, requested, commanded or knowingly tolerated the placement or failed to promptly remove the placards, bills, or posters upon receiving notice of the placement of such placards, bills or posters.
(E) The offense described in this section, unauthorized posters, is a Class D violation.
(Ord. 2009, passed 8-28-00) Penalty, see Ch. 138
130.05 ENDANGERING PEDESTRIANS.
(A) It shall be unlawful for the owner, lessee or occupant of any building or structure to suffer or permit rain water, ice or snow, which has accumulated on the building or structure of such owner, lessee or occupant, to fall from such structure onto a sidewalk or other public way.
(B) The offense described in this section, endangering pedestrians, is a Class C violation.
(Ord. 2009, passed 8-28-00) Penalty, see Ch. 138
130.06 FAILURE TO MAINTAIN WATER OVERFLOW DRAINAGE SYSTEM.
(A) Every owner, lessee or occupant of land shall at all times keep and maintain in a proper state of repair an adequate drainage system sufficient to maintain and to dispose on site, or in a facility approved by the city, any water accumulating on the roof of any structure and on or about the premises.
(B) The offense described in this section, failure to maintain water overflow drainage system, is a Class D violation.
(Ord. 2009, passed 8-28-00) Penalty, see Ch. 138
130.07 DRINKING IN PUBLIC PLACES.
(A) No person shall drink or consume alcoholic liquor in or on a street, alley, mall, parking lot, including private parking lots open to the public, or structure, motor vehicle, public grounds, or other public place unless the place has been licensed for that purpose by the Oregon Liquor Control Commission; provided, however, consumption of alcoholic liquor is permitted in McKenzie Park in accordance with rules and regulations established in Chapter 93, Parks and Recreation, of this Code.
(B) The offense described in this section, drinking in public places, is a Class D violation.
(Ord. 2009, passed 8-28-00; Am. Ord. 2134, passed 5-21-07; Am. Ord. 2136, passed 7-11-07) Penalty, see Ch. 138
130.08 SPITTING IN PUBLIC PLACES.
Any person who spits or expectorates upon any public sidewalk, street, parking lot, building, drinking fountain, or in any public place, except in receptacles and recognized places provided for those purposes, commits a Class D violation.
(Ord. 2009, passed 8-28-00) Penalty, see Ch. 138
130.09 URINATING IN PUBLIC PLACES.
Any person who urinates upon any public sidewalk, street, parking lot or building, or in any public place, except in receptacles and recognized places provided for those purposes, commits a Class B violation.
(Ord. 2009, passed 8-28-00) Penalty, see Ch. 138
130.10 OBSTRUCTING BUILDING ENTRANCES.
(A) It shall be unlawful for any person to obstruct in any manner the entrance to any building or stairway or hall leading to any building.
(B) The offense described in this section, obstructing building entrances, is a Class A violation.
(Ord. 2009, passed 8-28-00) Penalty, see Ch. 138
130.11 FAILING TO SUPERVISE A MINOR.
(A) A person commits the offense of failing to supervise a minor if the person is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child under 18 years of age and the child violates a provision of this Code or of state statutes or state regulations.
(B) Nothing in this section applies to a childcaring agency as defined in ORS 418.205 or to foster parents.
(C) In a prosecution of a person for failing to supervise a child under division (A) of this section, it is an affirmative defense that the person:
(1) Is the victim of the act that violated a provision of this Code;
(2) Reported the act to the appropriate authorities; or
(3) Took reasonable steps to control the conduct of the child at the time the person is alleged to have failed to supervise the child.
(D) The offense described in this section, failing to supervise a minor, is a Class A violation.
(E) In addition to any fine or penalty imposed pursuant to this chapter, the court may order the person to pay any restitution to a victim of the minor’s conduct. The amount of restitution ordered pursuant to this section shall not exceed $2,500. The municipal court shall credit the person ordered to pay restitution the actual dollars paid by the minor pursuant to any juvenile court order or juvenile code agreement.
(Ord. 2009, passed 8-28-00; Am. Ord. 2163, passed 3-22-10)
130.12 SOCIAL GAMES.
Social games as defined in ORS 167.117 are hereby permitted in the city.
(Ord. 2009, passed 8-28-00)
WEAPONS
130.30 DISCHARGING AIR GUNS AND NON-FIREARM WEAPONS.
(A) It shall be unlawful for any person to discharge an air gun, bow and arrow, bean shooter, blow gun, paint ball gun, slingshot or other similar weapon or device on public property or any premises open to the public.
(B) The offense described in this section, discharging air guns and non-firearm weapons, is a Class C violation.
(Ord. 2009, passed 8-28-00) Penalty, see Ch. 138
130.31 DISCHARGING OF FIREARMS.
(A) It shall be unlawful for any person to discharge any type of firearm; provided, however, that nothing herein contained shall apply to any peace officer while acting in performance of duties or to any person lawfully using a firearm in defense of himself or the life of another or to any person firing on a target range which has been constructed to standards as determined by pertinent building codes of the city, providing absolute entrapment of all fired rounds and control of all offensive noises.
(B) The offense described in this section, discharging of firearms, is a Class A violation.
(Ord. 2009, passed 8-28-00)