Chapter 9.04 CRIMES AND VIOLATIONS

Chapter 9.04
CRIMES AND VIOLATIONS

Sections:

9.04.010 Adoption of state criminal laws and procedures.

9.04.020 Misdemeanor penalties and procedures.

9.04.030 Authority to inventory the personal effects of a person taken into custody.

9.04.040 Authority to inventory the contents of impounded vehicles.

9.04.010 Adoption of state criminal laws and procedures.

A. All criminal procedures, provisions and requirements applicable to violations and misdemeanors, including but not limited to Oregon Evidence Code (ORS Chapters 40 and 41), ORS Chapter 153 violations, defenses, burden of proof, general principles of criminal liability, parties, and general principles of justification contained in Oregon Revised Statutes Chapters 131 through and including 167, as well as Chapters 471 through 480, are hereby adopted in full and made applicable to the municipal court.

B. All misdemeanor and violation offenses and penalties described in ORS Chapters 161, 162, 163, 164, 165, 166 and 167, as well as offenses described in the Oregon Vehicle Code and ORS Chapters 33, 133, 137, 153, 471, 475, 476, and 480, are hereby adopted by reference. When cited as a city ordinance violation, violation of an ORS section adopted by reference is an offense against this city and shall be punishable to the same extent as provided in the applicable state statute or city code. Notwithstanding the above, nothing herein prohibits or restricts the city police or city attorney from electing to pursue a charge and prosecute defendants with state law offenses in the name of the state of Oregon pursuant to ORS 221.339.

C. In addition to the adoption in subsection (B) of this section, all misdemeanor offenses described in ORS Chapters 161, 162, 163, 164, 165, 166 and 167, as well as misdemeanor offenses described in the Oregon Vehicle Code and ORS Chapters 33, 133, 137, 153, 471, 475, 476, and 480, are hereby adopted by reference and the penalty for such offenses is reduced by the city legislative body to be that of a Class B violation under state law. When cited as a city ordinance violation, violation of an ORS section adopted by reference in this section is a noncriminal offense against this city and shall be punishable only as a noncriminal violation offense as provided in the applicable state law. The procedures used for citation under this section shall be violation procedures. This section is intended to create a class of noncriminal violations identical to state law crimes which previously were created by reduction of the crime to a violation by the prosecutor in individual cases. Because these offenses are created by the legislative body as violations, they are not crimes and criminal procedures are not authorized. For purposes of citation, the short title for this subsection shall be the “Lincoln City Violation Code/ORS … .”

D. Except where the context clearly indicates a different meaning, definitions appearing in the general definitional and other particular sections of chapters adopted by subsections (A), (B), and (C) of this section are applicable throughout this chapter. Where appropriate, references to “state” and “state statute” shall be deemed to also include “city” and “city ordinances.”

E. The city police, city attorney, assistant city attorney and municipal court, including the municipal court judge, judges pro tem, court clerk and deputy clerks, shall have all the powers, duties, and responsibilities provided under Oregon Revised Statutes, as applicable, to investigation, prosecution, administration, and adjudication of criminal offenses and violations within the city of Lincoln City and on city-owned property, including extraterritorial property, as applicable.

F. The statutes, codes and procedures adopted herein are expressly made applicable within the city limits of the city of Lincoln City as well as outside the city limits when concerning offenses occurring on city-owned or controlled property located outside the city limits of the city of Lincoln City, Oregon. (Ord. 2015-10 § 6; Ord. 2014-03 § 1; Ord. 2014-01 § 1; Ord. 93-15 § 1; Ord. 88-7 § 2)

9.04.020 Misdemeanor penalties and procedures.

A. Unless otherwise specifically provided, when the Lincoln City Municipal Code identifies violation of its provisions as a misdemeanor or as subject to this title, any person violating any provisions or failing to comply with any of the mandatory requirements of this code is guilty of a Class B misdemeanor offense (maximum $2,500 fine and up to 180 days in jail);

1. In addition to a fine and incarceration, the municipal court may impose any additional punishment, probation, remedial measure (e.g., restitution), or exclusion as provided under Chapter 12.18 LCMC that is appropriate for the offense.

2. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this code is committed, continued or permitted by any such person, and shall be punished accordingly. (Ord. 2014-01 § 1; Ord. 93-15 § 2; Ord. 88-7 § 3)

9.04.030 Authority to inventory the personal effects of a person taken into custody.

A. In order to protect the owner’s property, safeguard the police department against the assertion of false claims, and protect police department members and others when reasonable suspicion exists to believe that any individual’s safety is at risk, every person taken into lawful custody by the police department shall have his or her personal effects inventoried. For purposes of this section, the term “custody” shall mean the imposition of actual or constructive restraint by a police officer pursuant to any lawful authority for the purposes of transporting or involuntarily confining a person pursuant to Oregon Revised Statutes.

B. The chief of police shall institute regulations describing the manner in which this inventory shall be conducted. These regulations shall eliminate any discretion as to what effects are subject to inventory and shall limit the inventory as follows:

1. All items of personal property shall be removed from the clothing worn by a custodial person.

2. All open containers in possession of the custodial person shall have their contents inventoried.

3. All containers designed for carrying valuables, including, but not limited to, wallets, purses, coin purses, fannypacks, and backpacks, shall have their contents inventoried.

4. Any valuables found during the inventory and not left in the immediate possession of the custodial person shall be detailed in writing on a property receipt filed with the police department.

5. All closed opaque containers found during the inventory shall not have their contents inventoried except as described above, or where the container is to be placed in the custodial person’s possession, or where the custodial person requests that the closed opaque container be placed in his or her immediate possession.

C. Nothing in this section shall be construed in any way to limit the police department’s ability to conduct any lawful search. Nothing in this section shall be interpreted as authorizing violation of applicable state and federal search and seizure laws. (Ord. 2017-15 § 1; Ord. 2014-01 § 1; Ord. 98-2 § 1. Formerly 9.04.090)

9.04.040 Authority to inventory the contents of impounded vehicles.

A. In order to protect owners’ property, safeguard the police department against the assertion of false claims and protect police department members and others when reasonable suspicion exists to believe that any individual’s safety is at risk, every vehicle lawfully impounded shall have its contents inventoried. The inventory shall be conducted before the vehicle is released to a third party except under the following circumstances:

1. If there is reasonable suspicion to believe that any individual’s safety will be placed at risk the inventory shall be conducted after such safety concerns are no longer present; or

2. If the vehicle is being impounded for evidentiary purposes in connection with the investigation of a criminal offense, the inventory will be done after such investigation is completed.

B. The chief of police shall institute regulations consistent with this section describing the manner in which this inventory shall be conducted. These regulations shall eliminate any discretion as to how an inventory shall be conducted, and shall limit the inventory as follows:

1. All open container contents found throughout the passenger compartments, any unlocked compartments that are part of the vehicle, including but not limited to unlocked vehicle trunks and unlocked property containers attached to the car, and any locked compartments including, but not limited to, locked vehicle trunks, locked property containers attached to the car, if either the keys to these locked compartments are available to be released with the vehicle to a third party or an unlocking mechanism for such compartment is available within the vehicle, shall be inventoried.

2. An inventory of personal property will be conducted throughout the passenger compartments of the vehicle including, but not limited to, accessible areas under or within the dashboard area, in any door or seat pockets, any console between the seats, or under any seat within the passenger compartment.

3. In addition to any of the above-described areas, an inventory of personal property will also be conducted in any unlocked compartment that is a part of the vehicle including, but not limited to, unlocked vehicle trunks and unlocked property containers attached to the vehicle. An inventory of personal property shall be conducted throughout any locked compartments that are part of the vehicle including, but not limited to, locked vehicle trunks, and locked property containers attached to the vehicle, if either the keys are available to be released with the vehicle to a third party or an unlocking mechanism for such compartment is available within the vehicle.

4. Except as otherwise allowed by this subsection, closed opaque containers shall not be opened, but rather shall be inventoried consistent with their outward appearances only. Purses, wallets, fannypacks, backpacks, and other similar items designed to contain valuables shall be opened and their contents shall be inventoried.

5. All items not left in the immediate possession of the arrested person shall be inventoried in writing and kept on file at the police department.