Chapter 9.05 CRIMINAL CODE

Violation of any provision of the Oregon Criminal Code of 1971, as now enacted, shall constitute an offense against the city. [Ord. 1043 § 1, 1997; Ord. 1017 § 1, 1996; Ord. 937 § 2, 1989; Ord. 910 § 1, 1987; Ord. 902 § 1, 1987; Ord. 888 § 2, 1985; Ord. 873 § 2, 1984; Ord. 586 § 1, 1972.]

9.05.020 Penalty for failure to appear on citation.

ORS 133.075 is hereby adopted by reference and made a part of this chapter. [Ord. 1017 § 2, 1996; Ord. 586 § 2, 1972.]

Article II. Weapons and Fireworks

9.05.030 Concealed weapons.

No person other than a peace officer or persons licensed pursuant to ORS 166.290, as now or hereafter amended, shall carry concealed on or about his person or within any vehicle which is under his control or direction any pistol, revolver, other firearm, knife other than an ordinary pocketknife with a blade less than three and one-half inches long, dirk, dagger, stiletto, metal knuckles, or weapon; the use of which could inflict injury upon a person or property. [Ord. 586 § 5, 1972.]

9.05.040 Discharge of weapons.

No person other than a peace officer or a person in an enclosed shooting range shall fire or discharge a gun, including spring or air-actuated pellet guns, air guns, or BB guns, or other weapon which propels a projectile by use of gunpowder or other explosive, jet, or rocket propulsion. [Ord. 586 § 6, 1972.]

9.05.050 Fireworks.

The following sections of the Oregon Fireworks Law, together with all acts and amendments applicable to cities which are now or hereafter enacted, are adopted by reference and made a part of this chapter:

ORS 480.110

ORS 480.120

ORS 480.130

ORS 480.140(1)

ORS 480.150

ORS 480.170

[Ord. 586 § 7, 1972.]

9.05.060 Nunchaku, shuriken and sap weapons.

No person shall carry, possess, manufacture, sell, keep for sale, offer, give, or loan a nunchaku, shuriken, or sap. Whenever it appears to the court that this section has been violated, in addition to other penalties and remedies, the court shall, upon motion by the city, cause the nunchaku, shuriken or sap to be destroyed. [Ord. 678 § 1, 1976; Ord. 586 § 8, 1972.]

Article III. Minors and Related Concerns

9.05.070 Children confined in vehicles.

A. No person who has under his control or guidance a child under 13 years of age shall lock or confine, or leave the child unattended, or permit the child to be locked or confined or left unattended in a vehicle for a period of time longer than 15 consecutive minutes.

B. It shall be lawful and the duty of a policeman or other peace officer, finding a child confined in violation of the terms of this section, to enter the vehicle and remove the child, using such force as is reasonably necessary to effect an entrance to the vehicle where the child may be confined in order to remove the child. [Ord. 586 § 10, 1972.]

9.05.080 Endangering welfare of minor.

A. No person shall:

1. Knowingly sell, or cause to be sold, tobacco in any form to a person under 18 years of age.

2. Employ a person under 18 years of age in or about a cardroom, poolroom, billiard parlor, or dance hall.

B. No person shall solicit, aid, abet, or cause a person under 18 years of age to:

1. Violate a law of the United States, or a state, or to violate a city or county ordinance.

2. Run away or conceal himself from a person or institution having lawful custody of the minor.

C. No person operating or assisting in the operation of a public cardroom, poolroom, billiard parlor, or public place of amusement shall employ or permit a person under 18 years of age to engage therein in any game of cards, pool, billiards, dice, darts, pinball, games of like character, or games of chance, either for amusement or otherwise. This subsection shall not apply to the playing of billiards or pool in a recreational facility.

D. As used in this chapter, a “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

1. Which is clean, adequately lighted and ventilated; and

2. In which no alcoholic liquor is sold or consumed. [Ord. 586 § 11, 1972.]

9.05.090 Minors prohibited in certain places.

No person under 18 years of age shall enter, visit, or loiter in or about a public cardroom, pool hall, billiard parlor, or dance hall, except a recreational facility. [Ord. 586 § 12, 1972.]

9.05.100 Minor, purchase or possession of liquor.

A. No person under the age of 21 years shall attempt to purchase, acquire, or have in his possession or her possession alcoholic liquors in a manner other than provided for in the Liquor Control Act of the state of Oregon.

B. For the purposes of this section, possession of alcoholic liquor includes the acceptance or consumption of such liquor, or any portion thereof, or a drink of such liquor. [Ord. 586 § 13, 1972.]

9.05.110 Interference with school process and students.

A. No person shall be on school premises and:

1. Intentionally interfere with, obstruct, disrupt, or impede school functions or school-related functions conducted on school premises, or intentionally interfere with or obstruct the students attending the school.

2. Provide or attempt to provide transportation to a student attending that school without having either express permission of personnel authorized to give permission by the governing body of the school district or express permission of that student’s parent, legal guardian, or a person in loco parentis to the student.

3. Intentionally remain on school premises when directed to leave by an employee of the school district or a law enforcement official, if such direction to leave is based upon the person’s conduct that reasonably appears to the employee or officer as that conduct proscribed in subsection (A)(1) or (2) of this section.

B. No person shall intentionally cause a motor vehicle to be upon the school premises during times that the school premises are being used for school functions or school-related functions, unless such person shall have express permission of personnel authorized to give permission by the governing body of the school. [Ord. 586 § 14, 1972.]

9.05.120 Interference with a public safety officer.

It shall be unlawful for any person, intentionally or with reckless disregard thereof, to interfere with a public safety officer in the officer’s lawful performance of their duties. “To interfere with” as used in this section shall mean any physical act, including a refusal to leave a particular area in response to a lawful order from a public safety officer, that prevents or could reasonably be expected to prevent a public safety officer from performing their duties. This section shall not apply to interference with the making of an arrest. [Ord. 1005 § 1, 1995; Ord. 972 § 1, 1993; Ord. 586 § 15, 1972.]

Article IV. Animals

9.05.130 Animals, cruelty to.

A. Except as otherwise authorized by law, no person shall intentionally or recklessly:

1. Subject any animal under human custody or control to cruel mistreatment.

2. Subject any animal under his custody or control to cruel neglect.

3. Kill without legal privilege any animal under the custody or control of another.

B. No person shall place any poison where it is liable to be eaten by any domestic animal.

C. As used in this section, “animal” includes birds. [Ord. 586 § 20, 1972.]

9.05.140 Vehicles injuring animals.

Any person operating a vehicle within the city who shall run over, strike, injure, maim, or kill any domestic animal shall immediately stop and render aid to such animal, if injured, or provide for the disposition of the carcass if such animal is killed; and in either case such person shall make due and diligent inquiry to determine the owner of such animal; and if the owner be found he shall notify him of the occurrence and also report the same forthwith to the chief of police or his assistant. [Ord. 586 § 21, 1972.]

Article V. Miscellaneous

9.05.150 Begging.

No person shall beg or solicit alms or other gratuities upon the streets or in any public place in the city. [Ord. 586 § 26, 1972.]

9.05.160 Expectoration.

No person shall expectorate upon a public sidewalk or street, or on or in a public building, except in receptacles provided for that purpose. [Ord. 586 § 27, 1972.]

9.05.170 Hauling.

No person shall haul sand, gravel, rock, wood, or other substances in any vehicle or conveyance that is so constructed as to allow the sand, gravel, rock, wood, or other substance to fall on and litter the public streets of the city. [Ord. 586 § 28, 1972.]

9.05.180 Building entrances – Obstruction.

No person shall obstruct any entrance to a building or loiter about or near an entrance, stairway, or hall leading to a building. [Ord. 586 § 29, 1972.]

9.05.190 Urination or defecation in public.

No person shall urinate or defecate in any place viewed by at least one other person except in a restroom specifically maintained for such purpose. [Ord. 972 § 2, 1993; Ord. 586 § 30, 1972.]

9.05.200 Shoplifting.

A. No person shall willfully conceal or take possession of goods offered for sale by a retail or wholesale store or other mercantile establishment with the intent to convert the goods to his own use without paying the purchase price thereof. It shall be prima facie evidence of an intent to convert the goods to his own use if such goods are taken from the premises of such retail or wholesale store or other mercantile establishment without having paid for the same or without having made arrangements with the owner, manager or one of his agents.

B. Notwithstanding any other provision of law, a peace officer, merchant or merchant’s employee who has probable cause for believing that a person has committed theft of property of a store or other mercantile establishment may detain and interrogate the person in regard thereto in a reasonable manner and for a reasonable time.

C. If a peace officer, merchant or merchant’s employee, with probable cause for believing that a person has committed theft of property of a store or other mercantile establishment, detains and interrogates the person in regard thereto, and the person thereafter brings against the peace officer, merchant or merchant’s employee any civil or criminal action based upon the detention and interrogation, such probable cause shall be a defense to the action, if the detention and interrogation were done in a reasonable manner and for a reasonable time. [Ord. 701 § 1, 1977; Ord. 586 § 34, 1972.]

9.05.210 City owned or controlled territories outside the city limits.

All penal ordinances of the city of Junction City, present and future, are to apply to and be enforced in all territories owned or controlled by the city of Junction City even though the same be outside the city limits of Junction City. [Ord. 716 § 1, 1977; Ord. 586 § 35, 1972.]

9.05.220 Hunting and trapping.

No person shall hunt or trap any wildlife within the boundaries of the city sewage lagoon without prior written authorization from the city. [Ord. 1250 § 1, 2017; Ord. 716 § 1, 1977; Ord. 586 § 36, 1972.]

9.05.230 Liquor license required.

No person shall consume alcoholic liquor upon a premises licensed by the Oregon Liquor Control Commission unless such licensee holds a license that permits such consumption. [Ord. 840 § 1, 1982; Ord. 586 § 37, 1972.]

9.05.240 Unlawful public accommodations practice.

A. It shall be an unlawful public accommodations practice for a person being the owner, lessee, proprietor, manager, superintendent, agent or employee of a place of public accommodation:

1. To refuse or deny an individual the accommodations or use of the facilities of the place of public accommodation because of the race, color, religion, sex, national origin, physical handicap or marital status of that individual; or

2. To publish, circulate, issue or display, or cause to be published, circulated, issued or displayed, any communication, notice, advertisement or sign of any kind which states that the accommodations or use of the facilities of the place of public accommodation shall be refused or denied to an individual on account of the race, color, religion, sex, national origin, physical handicap or marital status of that individual.

B. For purposes of this section, “public accommodation” means any place or service offering to the public accommodations, advantages, facilities or privileges whether in the nature of goods, services, lodgings, amusements or otherwise. [Ord. 909 § 1, 1987; Ord. 586 § 38, 1972.]

Article VI. General Offenses

9.05.250 Soliciting or confederating to violate chapter.

No person shall solicit, aid, abet, employ, or engage another, or confederate with another to violate a provision of this chapter. [Ord. 586 § 40, 1972.]

9.05.260 Attempt to commit offense.

A person who shall attempt to commit any of the offenses mentioned in this chapter or any ordinance of the city, but who for any reason is prevented from consummating such act, shall be deemed guilty of an offense. [Ord. 586 § 41, 1972.]

9.05.270 Violations, continuous.

Whenever in this chapter, or any ordinance of the city of Junction City, an act is prohibited or is made or declared to be unlawful or an offense, or the doing of an act is required or the failure to do an act is declared to be unlawful or an offense, each day a violation continues shall constitute a separate offense. [Ord. 586 § 42, 1972.]

9.05.280 Penalties.

Violation of any provision of this chapter not otherwise excluded is punishable by a fine not to exceed $500.00, or imprisonment not to exceed 180 days, or by both fine and imprisonment; provided, however, if there is a violation of any provision of Oregon Statutory law adopted by reference with a lesser penalty attaching, punishment shall be limited to the lesser penalty prescribed in the state law.

Violation of JCMC 9.05.120, Interfering with a public safety officer, is classified as a misdemeanor and is punishable by a fine not to exceed $1,000 or a jail sentence not to exceed 90 days, or both fine and imprisonment.

Violation of JCMC 9.05.190, Urination or defecation in public, is classified as a violation and punishable by a maximum fine of $250.00. [Ord. 972 § 3, 1993; Ord. 586 § 43, 1972.]

9.05.290 Working out fine and costs – Generally.

When a person shall be convicted of an offense under the laws of the city and shall be adjudged to pay a fine and costs, and shall fail to pay the fine and costs, the municipal judge may collect the fine by sentencing such person so fined to labor on the streets or on other public works, one day for each $10.00 of such fine unpaid. Persons fined and sentenced to labor as set out in this section shall be under the charge and supervision of the chief of police and the police department. [Ord. 586 § 44, 1972.]