Chapter 9.30
UNLAWFUL TRANSFER ON A HIGHWAY, ROAD, OR STREET1
Sections:
9.30.020 Authority and purpose.
9.30.050 Exceptions to JCC 9.30.040.
9.30.060 Violation proceedings.
9.30.010 Title.
This chapter shall be known as Unlawful Transfer on a Highway, Road, or Street. [Ord. 2019-002 §§ 1, 2.]
9.30.020 Authority and purpose.
A. The Board of Commissioners of Josephine County has authority to regulate matters of County concern within the County, under the provisions of the Constitution of the State of Oregon, the statutes of the State of Oregon, and the Charter of Josephine County.
B. This chapter does not apply to highways, roads and streets located within the city limits of incorporated cities within Josephine County, nor to activities conducted solely within such city limits.
C. The purpose of this chapter is to enhance public safety on the County’s highways, roads and streets. [Ord. 2019-002 §§ 1, 2.]
9.30.030 Jurisdiction.
The Circuit Court for the State of Oregon for the County of Josephine has exclusive jurisdiction and venue over any and all violation proceedings of this chapter. (ORS 153.036.) [Ord. 2019-002 §§ 1, 2.]
9.30.040 Conduct prohibited.
A person commits the offense of unlawful transfer on a highway, road or street if the person:
A. While a driver or passenger in a vehicle on a highway, road or street within Josephine County, gives or relinquishes possession or control of, or allows another in the vehicle to give or relinquish possession or control of, any item of property or money to a pedestrian; or
B. While a pedestrian, accepts, or receives or retains possession or control of, any item of property or money from a person (driver or passenger) in a vehicle on a highway, road or street within Josephine County. [Ord. 2019-002 §§ 1, 2.]
9.30.050 Exceptions to JCC 9.30.040.
JCC 9.30.040 shall not apply if the vehicle is legally parked outside of the traffic lane. This section also does not apply to persons participating in a “pedestrian activity” as defined in OAR 734, Division 58, for which a permit has been issued by the Oregon Department of Transportation, or to persons participating in pedestrian activity based upon a special permit issued by the Josephine County Department of Public Works, so long as all terms of such permits are being met. [Ord. 2019-002 §§ 1, 2.]
9.30.060 Violation proceedings.
Violations of this chapter shall be prosecuted as violations under the provisions of ORS Chapter 153. Violations of this chapter are punishable by fines as established by the State Court Administrator for Class “D” violations. Violators may be cited into Circuit Court by any police officer in the State of Oregon. [Ord. 2019-002 §§ 1, 2.]
9.30.070 Severance.
Should any section or provision of this chapter be declared by a court or tribunal of competent jurisdiction to be invalid, that decision shall not affect the validity of the chapter as a whole or any part thereof, other than the part so declared to be invalid. [Ord. 2019-002 §§ 1, 2.]
Code reviser’s note: Ord. 2019-002 adds the provisions of this chapter as Chapter 9.25. The chapter has been editorially renumbered to prevent duplication of numbering.