Chapter 9.15 GENERAL OFFENSES

(1) ORS Chapters 161, 162, 163, 164, 165, 166 and 167, except for any provision classified as a felony under state law, are adopted by reference. Violation of an adopted provision of those chapters is an offense against this city.

(2) The provisions of ORS Chapter 161, 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.

(3) Except where the context clearly indicates a different meaning, definitions appearing in the general definitional and other particular sections of chapters adopted by subsection (1) of this section are applicable throughout this chapter. (Ord. 151-90 § 1, 1990)

Article II. Disorderly Conduct and Related Offenses

9.15.020 Disorderly conduct at fires.

(1) No person, at or near a fire, shall obstruct or impede fighting of the fire, interfere with fire department personnel or fire department apparatus, behave in a disorderly manner, or refuse to promptly observe an order of a member of the fire or police department.

(2) For purposes of this section, members of the fire department are endowed with the same powers of arrest as are conferred on peace officers for violations of city ordinances. (Ord. 151-90 § 2, 1990)

9.15.030 Drinking in public places.

No person shall drink or consume alcoholic liquor in or on a street, alley, mall, parking lot 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. (Ord. 151-90 § 3, 1990)

9.15.040 Unnecessary noise.

Repealed by Ord. 257-2002. (Ord. 151-90 § 4, 1990)

Article III. Weapons and Fireworks

9.15.050 Discharge of weapons.

No person, other than a peace officer, shall fire or discharge a gun, including a spring-actuated or air-actuated pellet gun, air gun, BB gun or other weapon that propels a projectile by use of gunpowder or other explosive, jet or rocket propulsion. (Ord. 151-90 § 10, 1990)

9.15.060 Fireworks.

The following sections of the Oregon Fireworks Law are adopted by reference and made a part of this chapter: ORS 480.110, 480.120, 480.130, 480.140(1), and 480.150. (Ord. 151-90 § 11, 1990)

Article IV. Sexual and Related Offenses

9.15.070 Public indecency.

No person shall, while in or in view of a public place, perform:

(1) An act of sexual intercourse;

(2) An act of deviant sexual intercourse;

(3) An act of exposing their genitals except when using the shower, changing, or toilet facilities as intended in a public restroom; or

(4) An act of urination or defecation except in toilets provided for that purpose. (Ord. 376-2022 § 1; Ord. 151-90 § 15, 1990)

Article V. Offenses Relating to Minors

9.15.080 Endangering welfare of minor.

(1) No person shall employ a person under 18 years of age in or about a cardroom, poolroom, billiard parlor or dance hall, unless the establishment is a “recreational facility” as defined in HMC 9.15.090(3).

(2) No person shall solicit, aid or cause a person under 18 years of age to:

(a) Violate a law of the United States or a state, or to violate a city or county ordinance; or

(b) Run away or conceal himself from a person or institution having lawful custody of the minor. (Ord. 151-90 § 20, 1990)

9.15.090 Places of amusement.

(1) No person under 18 years of age shall enter, visit or loiter in or about a public cardroom, poolroom or billiard parlor.

(2) No person operating or assisting in the operation of a public cardroom, poolroom or billiard parlor shall permit a person under 18 years of age to engage in a game of cards, pool, billiards, dice or games of chance, for amusement or otherwise.

(3) This section shall not apply to playing billiards or pool in a recreational facility. As used in this section, “recreational facility” means an area, enclosure or room in which facilities are offered to the public to play billiards or pool for amusement only, and:

(a) That is clean, adequately supervised, adequately lighted and ventilated;

(b) Where no alcoholic liquor is sold or consumed; and

(c) Where access does not require passing through a room where alcoholic liquor is sold or consumed. (Ord. 151-90 § 21, 1990)

9.15.100 Purchase or possession of liquor by minor.

Repealed by Ord. 329-2012. (Ord. 151-90 § 22, 1990)

9.15.110 Lawful consumption of liquor by minor.

Repealed by Ord. 329-2012. (Ord. 151-90 § 23, 1990)

9.15.120 Purchase of property from minors.

No person shall purchase any property or article of value from a minor, or have dealings respecting the title of property in the possession of a minor, without the written consent of the parent or guardian of the minor. (Ord. 151-90 § 24, 1990)

Article VI. Offenses Relating to Animals

9.15.130 Cruelty to animals.

(1) Except as otherwise authorized by law, no person shall intentionally or recklessly:

(a) Subject any animal under human custody or control to cruel mistreatment;

(b) Subject any animal under his or her custody or control to cruel neglect; or

(2) As used in this section, “animal” includes birds. (Ord. 151-90 § 30, 1990)

9.15.140 Poisoning animals.

No person shall put out or place poison where it is liable to be eaten by cattle, sheep, horses, hogs, dogs or other domestic animals. (Ord. 151-90 § 31, 1990)

Article VII. Obstructing Governmental Administration

9.15.150 Police and fire communications.

No person shall operate any generator or electromagnetic wave or cause a disturbance of a magnitude that interferes with the proper functioning of a police or fire department radio communication system. Interference caused by equipment operated in compliance with Federal Communications Commission regulations does not violate this section. (Ord. 151-90 § 35, 1990)

Article VIII. Street and Sidewalk Offenses

9.15.160 Obstruction of building entrances.

No person shall obstruct an entrance to a building. (Ord. 151-90 § 40, 1990)

9.15.170 Open cellar doors or grates.

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. (Ord. 151-90 § 41, 1990)

9.15.180 Obstruction of sidewalks.

No person shall place or deposit on a street or sidewalk an article that tends to prevent, interrupt or obstruct the free travel or free passage of pedestrian and vehicular traffic, except for the construction, maintenance or repair of public utilities, streets or sidewalks, when authorized by the council. (Ord. 151-90 § 42, 1990)

9.15.190 Obstruction of fire hydrants.

Repealed by Ord. 371-2021. (Ord. 151-90 § 43, 1990)

9.15.200 Vending goods on streets or sidewalks.

No person shall use or occupy a portion of a street or sidewalk for the purpose of vending goods, wares or merchandise. (Ord. 151-90 § 44, 1990)

Article IX. Miscellaneous

9.15.210 Begging.

Repealed by Ord. 358-2018. (Ord. 151-90 § 50, 1990)

9.15.220 Lodging.

No person shall lodge in a car, outbuilding or other place not intended for that purpose without permission of the owner or person entitled to possession. (Ord. 151-90 § 51, 1990)

9.15.230 Selling or pledging property of intoxicated persons.

No person shall purchase property from a person who is in an intoxicated condition or under the influence of a narcotic drug, or advance, loan money to, or have dealings with such person, respecting the title to property. (Ord. 151-90 § 52, 1990)

9.15.240 Notices and advertisements.

No person shall attach, or cause to be attached, a placard, bill, advertisement or poster upon real or personal property, whether public or private, without first securing permission from the owner or person in control of the property. This section shall not be construed as an amendment to, or a repeal of, any city regulation of the use and location of signs. (Ord. 151-90 § 53, 1990)

9.15.250 Hauling.

No person shall haul sand, gravel, rock, wood or other substances in a vehicle or conveyance that is so constructed, or in such condition, as to allow the sand, gravel, rock, wood or other substance to fall on and litter public streets. (Ord. 151-90 § 54, 1990)

Article X. General Offenses

9.15.260 Offenses outside city limits.

This chapter applies to acts committed on property owned or leased by the city that is outside the corporate limits of the city. (Ord. 151-90 § 60, 1990)

9.15.270 Soliciting or confederating to violate ordinances.

No person shall solicit, aid, employ or engage another, or confederate with another, to violate a provision of any city ordinance. (Ord. 151-90 § 61, 1990)

9.15.280 Attempt to commit offenses.

A person who attempts to commit an offense mentioned in this chapter, or any ordinance of the city, but who, for any reason, is prevented from consummating such act, is guilty of an offense. (Ord. 151-90 § 62, 1990)

9.15.290 Separate violations.

When, in any city ordinance, 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. 151-90 § 63, 1990)

9.15.300 Violation – Penalty.

Violation of a provision of this chapter is punishable by a fine not to exceed $500.00. However, if a violation of a provision is identical to a state statute with a lesser penalty, punishment shall be limited to the lesser penalty prescribed in state law. (Ord. 151-90 § 64, 1990)

9.15.310 Nuisance abatement.

No provision in this chapter shall preclude abatement of a nuisance as provided in Chapter 8.15 HMC. (Ord. 151-90 § 65, 1990)