Chapter 9.10 OFFENSES

Those words and phrases used in this chapter shall have the meaning imputed to them by the Oregon Criminal Code, as adopted by the 1981 Legislature, except where the context clearly indicates a different meaning. The general definitions and the definitions appearing in the definitional and other sections of particular articles of the code shall be applicable throughout this chapter. (Ord. 692, § 1; amended by Ord. 880, Nov. 5, 1980; Ord. 894, Dec. 22, 1981. Code 1983 § 43.110.)

Article I. Offenses Against Public Peace

9.10.020 Disorderly conduct.

(1) A person commits the offense of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

(a) Engages in fighting or in violent, tumultuous or threatening behavior; or

(b) Makes unreasonable noise; or

(d) Disturbs any lawful assembly of persons without lawful authority; or

(e) Obstructs vehicular or pedestrian traffic on a public way; or

(f) Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or

(g) Initiates or circulates a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency; or

(h) Creates a hazardous or physically offensive condition by any act which he is not licensed or privileged to do.

(2) Disorderly conduct is a Class B misdemeanor. (Ord. 692, § 2. Code 1983 § 43.210.)

9.10.030 Misuse of telephone equipment.

(1) A caller commits the crime of misuse of telephone equipment if, with intent to harass or annoy another:

(a) The caller rings, with no communicative purpose, the telephone of another; or

(b) The caller, knowing that the receiving party has forbidden the caller from so doing so knowing that so doing will annoy the receiving party, annoys the receiving party by ringing and causing the receiving party to answer the receiving party’s telephone. This subsection does not apply when the intent of the telephone call is to conduct otherwise lawful business or to collect debt.

(2) As used in this section:

(a) “Communicative purpose” means an intent to make a statement, comment, inquiry, order or command or otherwise to communicate by the use of telephonic speech.

(b) “Receiving party” means the subscriber or other person having authority over the telephone being rung, including but not limited to resident family members in the subscriber’s home or a person having temporary lawful control of the premises in which the telephone being rung is located.

(3) A person is criminally liable for misuse of telephone equipment if the person knowingly permits any telephone under the person’s control to be used in violation of subsection (1) of this section.

(4) Misuse of telephone equipment is a Class B misdemeanor. (Ord. 896, § 2, Dec. 22, 1981. Code 1983 § 43.215.)

9.10.040 Harassment.

(1) A person commits the crime of harassment if, with intent to harass, annoy or alarm another person, the actor:

(a) Subjects another to offensive physical contact;

(b) Publicly insults another by abusive or obscene words or gestures in a manner likely to provoke a violent or disorderly response;

(c) Intentionally subjects another to shock or alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury, which report is such as to reasonably cause such shock and alarm; or

(d) Intentionally subjects another to fear or alarm by threatening by telephone or in writing to commit a felony or to inflict serious injury on the person or property of the person or any member of that person’s family.

(2) A person is criminally liable for harassment if the person knowingly permits any telephone under the person’s control to be used in violation of subsection (1) of this section.

(3) Harassment is a Class B misdemeanor.

(4) Notwithstanding subsection (3) of this section, harassment is a Class A misdemeanor, if a person violates subsection (1) of this section by subjecting another person to offensive physical contact and the offensive physical contact consists of touching the sexual or other intimate parts of the other person. (Ord. 692, § 3; amended by Ord. 896, §§ 1, 3, Dec. 22, 1981; Ord. 1045; Ord. 1099, § 4, Feb. 6, 1996. Code 1983 § 43.220.)

9.10.050 Unlawful assembly.

(1) A person commits the offense of unlawful assembly if:

(a) He assembles with five or more other persons with the purpose of engaging in conduct constituting a riot; or

(b) Being present at an assembly that either has or develops the purpose of engaging in conduct constituting a riot, he remains there with the intent to advance that purpose.

(2) Unlawful assembly is a Class A misdemeanor. (Ord. 692, § 4. Code 1983 § 43.230.)

Article II. Offenses Against Property

9.10.060 Criminal mischief.

(1) A person commits the offense of criminal mischief if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that he has such right, he tampers or interferes with property of another.

(2) Criminal mischief is a Class C misdemeanor. (Ord. 692, § 5. Code 1983 § 43.310.)

9.10.070 Aggravated criminal mischief.

(1) A person commits the offense of aggravated criminal mischief if:

(a) He violates MCC 9.10.060 and as a result thereof, damages property in an amount exceeding $100.00; or

(b) Having no right to do so nor reasonable ground to believe that he has the right, he intentionally damages property of another, or he recklessly damages property of another in an amount exceeding $100.00.

(2) Aggravated criminal mischief is a Class A misdemeanor. (Ord. 692, § 6. Code 1983 § 43.315.)

9.10.080 Unlawfully applying graffiti.

(1) A person commits the offense of unlawfully applying graffiti if the person, having no right to do so nor reasonable ground to believe that the person has such right, intentionally damages property of another by applying graffiti to the property.

(2)(a) Unlawfully applying graffiti is a violation.

(b) Upon a conviction for unlawfully applying graffiti, the Court:

(i) Notwithstanding MCC 9.10.520(1)(d), may impose a fine of up to $750.00; and

(ii) In addition to any fine it imposes, may order the defendant to perform up to 100 hours of community service. The community service may include removing graffiti, either those that the defendant created or those created by another, or both.

(3) “Graffiti” means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property. (Ord. 1099, § 2, Feb. 6, 1996. Code 1983 § 43.316.)

9.10.090 Unlawfully possessing graffiti implement.

(1) A person commits the offense of unlawfully possessing a graffiti implement if the person possesses a graffiti implement with the intent of using the graffiti implement in violation of MCC 9.10.080.

(2) Unlawfully possessing a graffiti implement is a violation.

(3) Upon a conviction for unlawfully possessing a graffiti implement, the Court may, in addition to any fine it imposes, order the defendant to perform up to 50 hours of community service. The community service may include removing graffiti, either those the defendant created or those created by another, or both.

(4) “Graffiti implement” means paint, ink, chalk, dye or other substance or any instrument or article designed or adopted for spraying, marking, etching, scratching or carving surfaces. (Ord. 1099, § 3, Feb. 6, 1996. Code 1983 § 43.317.)

9.10.100 Negotiating a bad check.

(1) A person commits the offense of negotiating a bad check if he makes, draws or utters a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.

(2) For purposes of this section, unless the check or order is post-dated, it is prima facie evidence of knowledge that the check or order would not be honored if:

(a) The drawer has no account with the drawee at the time the check or order is drawn or uttered; or

(b) Payment is refused by the drawee for lack of funds, upon presentation within 30 days after the date of utterance, and the drawer fails to make good within 10 days after receiving notice of refusal.

(3) Negotiating a bad check is a Class A misdemeanor. (Ord. 692, § 7. Code 1983 § 43.320.)

9.10.110 Forgery.

(1) A person commits the crime of forgery if, with intent to injure or defraud, the person:

(a) Falsely makes, completes or alters a written instrument; or

(b) Utters a written instrument which the person knows to be forged.

(2) The definitions set forth in ORS 165.002, as currently constituted and as hereinafter amended, shall apply to this section.

(3) Forgery is a Class A misdemeanor. (Ord. 1093, § 5, June 6, 1995. Code 1983 § 43.325.)

9.10.120 Theft.

(1) No person shall, with intent to deprive another of property or to appropriate property to himself or to a third person, take, appropriate, or withhold property from its owner.

(2) If the total value of the property in a single or an aggregate transaction is under $50.00, violation of this section is a Class C misdemeanor.

(3) If the total value of the property in a single or aggregate transaction is $50.00 or more, but is under $750.00, violation of this section is a Class A misdemeanor. (Ord. 692, § 8; amended by Ord. 1068, § 3, May 4, 1993; Ord. 1079, § 1, Feb. 1, 1994. Code 1983 § 43.330.)

9.10.130 Theft by receiving.

(1) No person shall receive, retain, conceal, or dispose of property of another, knowing or having good reason to know that the property was the subject of theft.

(2) “Receiving” means acquiring possession, control, or title, or lending on the security of the property.

(3) If the total value of the property in a single or aggregate transaction is less than $50.00, violation of this section is a Class C misdemeanor.

(4) If the total value of the property in a single or aggregate transaction is more than $50.00, violation of this section is a Class A misdemeanor. (Ord. 692, § 9; amended by Ord. 1093, § 1, June 6, 1995. Code 1983 § 43.335.)

9.10.140 Theft of services.

(1) No person shall:

(a) With intent to avoid payment therefor, obtain services that are available only for compensation, by force, threat, deception, or other means to avoid payment for the services; or

(b) Having control over the disposition of labor or of business, commercial, or industrial equipment or facilities of another, use or divert to the use of the person or a third person such labor, equipment, or facilities with intent to derive for the person or the third person a commercial benefit to which the person or the third person is not entitled.

(2) As used in this section:

(a) “Services” includes, but is not limited to, labor, professional services, toll facilities, transportation, communications service, entertainment, the supplying of food, lodging or other accommodations in hotels, restaurants, or elsewhere, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam, and water.

(b) “Communication service” includes, but is not limited to, use of telephone, computer and cable television systems.

(3) Absconding without payment or offer to pay for hotel, restaurant, or other services for which compensation is customarily paid immediately upon the receiving of them is prima facie evidence that the services were obtained with intent to avoid payment.

(4) Obtaining the use of any communication system, the use of which is available only for compensation, including, but not limited to, telephone, computer and cable television systems, or obtaining the use of any services of a public utility nature, without payment or offer to pay for such use, is prima facie evidence that the obtaining of the use of such system or the use of such services was gained with intent to avoid payment therefor.

(5) Violation of this section is:

(a) A Class C misdemeanor if the aggregate total value of services that are the subject of the theft is under $50.00.

(b) A Class A misdemeanor if the aggregate total value of services that are the subject of the theft is $50.00 or more but is under $500.00. (Ord. 692, § 10; amended by Ord. 1079, § 2, Feb. 1, 1994; Ord. 1093, § 2, June 6, 1995. Code 1983 § 43.340.)

9.10.150 Theft of lost, mislaid property.

(1) No person who comes into control of property of another that the person knows or has good reason to know to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, shall, with intent to deprive the owner thereof, fail to take reasonable measures to restore the property to the owner.

(2) If the total value of the property in a single or aggregate transaction is less than $50.00, violation of this section is a Class C misdemeanor.

(3) If the total value of the property in a single or aggregate transaction is more than $50.00, violation of this section is a Class A misdemeanor. (Ord. 1093, § 3, June 6, 1995. Code 1983 § 43.345.)

9.10.160 Value of stolen property.

For the purposes of this chapter, the value of property shall be ascertained as follows:

(1) Except as otherwise specified in this section, “value” means the market value of the property at the time and place of the crime, or if such cannot reasonably be ascertained, the cost of replacement of the property within a reasonable time after the crime.

(2) Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertainable market value, shall be evaluated as follows:

(a) The value of an instrument constituting an evidence of debt, including, but not limited to, a check, draft or promissory note, shall be considered the amount due or collectible thereon or thereby.

(b) The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be considered the greatest amount of economic loss which the owner might reasonably suffer because of the loss of the instrument.

(3) When the value of property cannot reasonably be ascertained, it shall be presumed to be an amount less than $50.00.

(4) The value of single theft transactions may be added together if the thefts were committed:

(a) Against multiple victims by similar means within a 30-day period; or

(b) Against the same victim, or two or more persons who are joint owners, within a 180-day period. (Ord. 1093, § 4, June 6, 1995. Code 1983 § 43.348.)

9.10.170 Trespass in the first degree.

(1) A person commits the offense of trespass in the first degree if he enters or remains unlawfully in a dwelling.

(2) Trespass in the first degree is a Class A misdemeanor. (Ord. 692, § 11. Code 1983 § 43.350.)

9.10.180 Trespass in the second degree.

(1) A person commits the offense of trespass if he enters or remains unlawfully in or upon premises.

(2) Trespass is a Class C misdemeanor. (Ord. 692, § 12. Code 1983 § 43.355.)

9.10.190 Trespass upon City property.

(1) A person commits the offense of trespass upon City property if the person enters or remains unlawfully upon:

(a) Any property owned or rented by, or otherwise under the control of, the City of Monmouth, within or without the City limits of the City of Monmouth, which property is used for maintenance, distribution, storage or impoundment of the City of Monmouth sewer, water or electric utility system;

(b) In or upon any building or structure owned or rented by, or under the control of, the City of Monmouth, any portion of such building or structure, or the grounds of such building or structure not within the public right-of-way, at any time that the building or structure is not open to the public, unless the person has been authorized to enter or remain in the building or structure by a person who has authority to grant such authorization; or

(c) Upon any other property owned or rented by, or otherwise under the control of, the City of Monmouth where such property is posted against trespass.

(2) The City Manager or the City Manager’s designee is authorized to post any property described in subsection (1)(c) of this section against trespass.

(3) Trespass upon City property is a Class B misdemeanor. (Ord. 692, § 13; amended by Ord. 1389, § 1, January 21, 2020. Code 1983 § 43.360.)

9.10.195 Exclusion from City property.

In addition to any other penalty which may be provided by this City Code, a peace officer may exclude a person who violates MCC 9.15.010 through 9.15.040, or who violates MCC 9.20.010 regarding tobacco to minors, MCC 9.10.020 regarding disorderly conduct, MCC 9.10.040 regarding harassment, MCC 9.10.050 regarding unlawful assembly, MCC 9.10.060 regarding criminal mischief, MCC 9.10.070 regarding aggravated criminal mischief, MCC 9.10.080 regarding unlawfully applying graffiti, MCC 9.10.090 regarding unlawfully possessing graffiti implements, MCC 9.10.120 regarding theft, MCC 9.10.190 regarding trespass upon city property, MCC 9.10.200 regarding unlawful entry into a motor vehicle, MCC 9.10.220 regarding assault, MCC 9.10.230 regarding menacing, MCC 9.10.240 regarding recklessly endangering another person, MCC 9.10.250 regarding cruelty to animals, MCC 9.10.280 regarding assault on a public safety officer, MCC 9.10.300 regarding public indecency, MCC 9.10.310 regarding prohibited exposure, MCC 9.10.400 regarding carrying a concealed weapon, MCC 9.10.410 regarding discharging a weapon, MCC 9.10.420 regarding unlawful possession of a firearm or MCC 9.10.430 regarding littering, while on City property, including City parks, from a designated City property or properties, or all City property, for a period of not more than 30 days.

(1) Written notice shall be given to a person excluded from City property or parks. The notice shall specify the City property or park, or the City properties or parks, to which the exclusion applies, and the dates of exclusion and shall be signed by the issuing officer. Warning of consequences for failure to comply shall be prominently displayed on the notice.

(2) A person receiving a notice may, within 10 days, appeal in writing to the City Manager to have the written notice rescinded or the period shortened.

(3) At any time within the 30 days, a person receiving a notice may apply in writing to the City Manager for a temporary waiver from the effects of the notice for good reason. (Ord. 1389, § 2, January 21, 2020.)

9.10.200 Unlawful entry into a motor vehicle.

(1) A person commits the crime of unlawful entry into a motor vehicle if the person enters a motor vehicle, or any part of a motor vehicle, with the intent to commit a crime.

(2) Unlawful entry into a motor vehicle is a Class A misdemeanor.

(3) As used in this section, “enters” includes, but is not limited to, inserting:

(a) Any part of the body; or

(b) Any object connected with the body. (Ord. 1099, § 1, Feb. 6, 1996. Code 1983 § 43.365.)

9.10.210 Unlawfully using slugs.

(1) A person commits the offense of unlawfully using slugs if:

(a) With intent to defraud the supplier of property or a service sold or offered by means of a coin machine, he inserts, deposits, or otherwise uses a slug in such machine; or

(b) He makes, possesses, offers for sale or disposes of a slug with intent to enable a person to use it fraudulently in a coin machine.

(2) As used in this section:

(a) “Coin machine” means a coin box, turnstile, vending machine, or other mechanical or electronic device or receptacle designed to receive a coin or bill of a certain denomination or a token made for such purpose, and in return for the insertion or deposit thereof, automatically to offer, provide, assist in providing or permit the acquisition or use of some property or service.

(b) “Slug” means an object, article or device which, by virtue of its size, shape or any other quality is capable of being inserted, deposited, or otherwise used in a coin machine as a fraudulent substitute for a genuine coin, bill or token.

(3) Unlawfully using slugs is a Class B misdemeanor. (Ord. 692, § 14. Code 1983 § 43.370.)

Article III. Offenses Against Persons

9.10.220 Assault.

(1) A person commits the offense of assault if he:

(a) Intentionally, knowingly or recklessly causes physical injury to another; or

(b) With criminal negligence causes physical injury to another by means of a deadly weapon.

(2) Assault is a Class A misdemeanor. (Ord. 692, § 15. Code 1983 § 43.410.)

9.10.230 Menacing.

(1) A person commits the offense of menacing if by word or conduct he intentionally attempts to place another person in fear of imminent serious physical injury.

(2) Menacing is a Class A misdemeanor. (Ord. 692, § 16. Code 1983 § 43.420.)

9.10.240 Recklessly endangering another person.

(1) A person commits the offense of recklessly endangering another person if he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.

(2) Recklessly endangering another person is a Class A misdemeanor. (Ord. 692, § 17. Code 1983 § 43.430.)

Article IV. Offenses Against Morality and Justice

9.10.250 Cruelty to animals.

(1) A person commits the offense of cruelty to animals if, except as otherwise authorized by law, he intentionally or recklessly:

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

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

(2) Cruelty to animals is a Class B misdemeanor. (Ord. 692, § 18. Code 1983 § 43.510.)

9.10.260 Obstructing governmental administration.

(1) A person commits the offense of obstructing governmental administration if he intentionally obstructs, impairs or hinders the administration of law, judicial administration or other governmental functions by means of intimidation, force, physical interference or obstacle, or by economic means.

(2) This section shall not apply to the obstruction of unlawful governmental action or interference with the making of an arrest.

(3) Obstructing governmental administration is a Class A misdemeanor. (Ord. 692, § 19; amended by Ord. 905, May 11, 1982. Code 1983 § 43.520.)

9.10.270 Refusing to assist a peace officer.

(1) A person commits the offense of refusing to assist a peace officer if upon command by a person known by him to be a peace officer he unreasonably refuses or fails to assist in effecting an authorized arrest or preventing another from committing a crime.

(2) Refusing to assist a peace officer is a violation. (Ord. 692, § 20. Code 1983 § 43.530.)

9.10.280 Assaulting a public safety officer.

(1) A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly:

(a) Causes physical injury to the other person, knowing the other person to be a peace officer, corrections officer or firefighter, and while the other person is acting in the course of official duty; or

(b) Uses or causes to be used any mace, tear gas, pepper mace or any similar deleterious agent against the other person, knowing the other person to be a peace officer, corrections officer or firefighter, and while the other person is acting in the course of official duty.

(2) As used in this section, “mace, tear gas, pepper mace or similar deleterious agent” means a sternutator, lacrimator or any substance composed of a mixture of a sternutator or lacrimator including, but not limited to, chloroacetophenone, alpha-chloroacetophenone, phenylchloromethylketone, orthochlorobenzalmalononitrile, oleoresin capsicum or a chemically similar sternutator or lacrimator by whatever name known, or phosgene or other gas or substance capable of generating offensive, noxious or suffocating fumes, gases or vapor or capable of immobilizing a person.

(3) Assaulting a public safety officer is a Class A misdemeanor. A person convicted under this section shall be sentenced to not less than seven days of imprisonment and shall not be granted bench parole, probation or suspension of sentence before serving at least seven days of the sentence. (Ord. 905, May 11, 1982; amended by Ord. 1079, § 3, Feb. 1, 1994. Code 1983 § 43.535.)

9.10.290 Possession of a gambling device.

(1) A person commits the offense of possession of a gambling device if, with knowledge of the character thereof, he manufactures, sells, transports, places or possesses, or conducts or negotiates a transaction affecting or designed to affect ownership, custody or use of:

(a) A slot machine; or

(b) Any other gambling device, believing that the device is to be used in promoting unlawful gambling activity.

(2) Possession of a gambling device is a Class A misdemeanor. (Ord. 692, § 21. Code 1983 § 43.540.)

9.10.300 Public indecency.

(1) A person commits the crime of public indecency if while in, or in view of, a public place, the person performs:

(a) An act of sexual intercourse; or

(b) An act of deviate sexual intercourse; or

(c) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.

(2) Violation of this section is a Class A misdemeanor. (Ord. 692, § 22; amended by Ord. 917, § 1, Nov. 2, 1982; Ord. 1046, § 9, Dec. 10, 1991; Ord. 1068, § 4, May 4, 1993. Code 1983 § 43.550.)

9.10.310 Prohibited exposure.

(1) No person shall, while in or in view of a public place:

(a) Perform an act of urination or defecation, except in toilets provided for that purpose.

(b) Perform an act of exposing the genitals of the person.

(2) Violation of this section is a Class C misdemeanor. (Ord. 1068, § 5, May 4, 1993. Code 1983 § 43.555.)

9.10.320 Resisting officers.

(1) A person commits the offense of resisting officers if he intentionally, knowingly or recklessly:

(a) Resists a person known by him to be a peace officer in making an arrest.

(2) “Resists,” as used in subsection (1)(a) of this section, means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person.

(3) It is no defense to a prosecution under this section that the peace officer lacked legal authority to make the arrest, provided he or she was acting under color of official authority.

(4) Resisting officers is a Class A misdemeanor. (Ord. 692, § 23; amended by Ord. 916, § 1, Nov. 2, 1982; Ord. 947, § 1, July 3, 1984. Code 1983 § 43.560.)

9.10.330 Interference with police and police equipment.

(1) No person shall interfere with a police officer in performance of his or her duty.

(2) “Interfere” includes, but is not limited to:

(a) Physical contact with a police officer, vehicle, animal, or item of police equipment, when the contact substantially limits the officer’s ability to act in an official capacity.

(b) Verbal abuse or production of noise intended and sufficient to prevent a police officer from adequately communicating when communication is necessary for the duty being performed.

(d) Mechanical or electronic disruption of effective use of police equipment, including, but not limited to, vehicle speed detection devices.

(3) Violation of this section is a Class B misdemeanor. (Ord. 947, § 2, July 3, 1984; amended by Ord. 1046, § 10, Dec. 10, 1991; Ord. 1068, § 7, May 4, 1993. Code 1983 § 43.563.)

9.10.340 Giving false information to police officer for a citation.

(1) A person commits the crime of giving false information to a police officer for a citation if the person knowingly uses or gives a false or fictitious name, address or date of birth to any peace officer for the purpose of the officer’s issuing or serving the person a citation to appear in court.

(2) Violation of this section is a Class A misdemeanor. (Ord. 915, Nov. 2, 1982; amended by Ord. 920; Ord. 1068, § 6, May 4, 1993. Code 1983 § 43.565.)

9.10.350 Unsworn falsification.

(1) A person commits the offense of unsworn falsification if he knowingly makes any false written statement to a public servant in connection with an application for any benefit.

(2) Unworn falsification is a Class B misdemeanor. (Ord. 692, § 24. Code 1983 § 43.570.)

9.10.360 False swearing.

(1) A person commits the crime of false swearing if the person makes a false sworn statement, knowing it to be false.

(2) False swearing is a Class A misdemeanor. (Ord. 1071, § 1, Aug. 3, 1993. Code 1983 § 43.575.)

9.10.370 Misrepresentation of age by a minor.

(1) A person commits the crime of misrepresentation of age by a minor if:

(a) Being less than a certain, specified age, the person knowingly purports to be of any age other than the true age of the person with the intent of securing a right, benefit or privilege which by law is denied to persons under that certain, specified age; or

(b) Being unmarried, the person knowingly represents that the person is married with the intent of securing a right, benefit or privilege which by law is denied to unmarried persons.

(2) Misrepresentation of age by a minor is a Class C misdemeanor.

(3) In addition to and not in lieu of any other penalty established by law, a person who, using a driver permit or license or other identification issued by the Motor Vehicles Division of this State or its equivalent in another state to commit the crime of misrepresentation of age by a minor in order to purchase or consume alcoholic liquor may be required to perform community service and the Court shall order that the person’s driving privileges and right to apply for driving privileges be suspended for a period not to exceed one year. If a court has issued an order denying driving privileges under this section, the Court, upon petition of the person, may withdraw the order at any time the Court deems appropriate. The Court notification to the division under this subsection may include a recommendation that the person be granted a hardship permit under ORS 807.240 if the person is otherwise eligible for the permit. (Ord. 1071, § 2, Aug. 3, 1993. Code 1983 § 43.578.)

9.10.380 Bail jumping.

(1) A person commits the offense of bail jumping if, having by court order been released from custody upon bail or his own recognizance upon the condition that he will subsequently appear personally in connection with a charge against him of having committed a misdemeanor or ordinance violation, he intentionally fails to appear as required.

(2) Bail jumping is a Class A misdemeanor. (Ord. 692, § 25. Code 1983 § 43.580.)

9.10.390 Escape.

(1) A person commits the offense of escape if he escapes or attempts to escape from custody or assists another to so escape or attempt to escape from custody.

(2) It is not a defense to a prosecution under this section that the person escaping or attempting to escape was in custody pursuant to an illegal arrest.

(3) Escape is a Class A misdemeanor. (Ord. 692, § 26. Code 1983 § 43.590.)

Article V. Miscellaneous Offenses

9.10.400 Carrying a concealed weapon.

(1) Except as provided in subsection (2) of this section, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force and commonly known as a switchblade knife, any dirk, dagger, ice pick, sling shot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor.

(2) Nothing in subsection (1) of this section applies to any peace officer as defined in ORS 133.005 whose duty it is to serve process or make arrests. (Ord. 692, § 27; amended by Ord. 1079, § 4, Feb. 1, 1994. Code 1983 § 43.610.)

9.10.410 Discharging a weapon.

(1) A person commits the offense of dis-charging a weapon if he discharges a firearm, air rifle, pellet gun, bow and arrow, sling shot, catapult, or other device capable of propelling a shot, arrow, or other projectile with force sufficient to cause risk of injury to person or property, within the limits of the City of Monmouth.

(2) This section shall not apply:

(a) To a peace officer who discharges a firearm in the line of his or her official duty;

(b) To the discharge of a firearm on a public or private shooting range, shooting gallery or other area, indoor or outdoor, designed and built for the purpose of target shooting;

(c) To the discharge of an arrow in an archery range duly established and supervised as a part of a formal program of education by any recognized institution of learning;

(d) To a person discharging any of the weapons listed in subsection (1) of this section in the lawful defense of person or property;

(e) To an employee or agent of the United States Department of Agriculture or Oregon Department of Fish and Wildlife, acting within the scope of employment or agency, who discharges a weapon in the course of the lawful taking of wildlife.

(3) A person violating the provisions of this section shall be subject to a fine of not to exceed $250.00. (Ord. 744, § 28; amended by Ord. 968, § 1, Jan. 7, 1986; Ord. 1046, § 11, Dec. 10, 1991; Ord. 1316, § 1, June 4, 2013. Code 1983 § 43.620.)

9.10.420 Unlawful possession of firearms.

(1) Except as otherwise provided in this section, ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:

(a) Carries any firearm concealed upon the person, without having a license to carry the firearm as provided in ORS 166.291 and 166.292;

(b) Carries concealed and readily accessible to the person within any vehicle which is under the person’s control or direction any handgun, without having a license to carry such firearm as provided in ORS 166.291 and 166.292; or

(i) Is under 18 years of age;

(ii) Has been convicted of a felony or found guilty, except for insanity under ORS 161.295, of a felony;

(iii) Was committed to the Mental Health and Development Disability Services Division under ORS 426.130; or

(iv) Was found to be mentally ill and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness.

(2) This section does not prohibit:

(a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:

(i) Other than a handgun, if the firearm was transferred to the minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent or guardian; or

(ii) Temporarily for hunting, target practice or any other lawful purpose; or

(b) Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this State, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the person’s place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearms at the person’s place of residence or place of business is required of any such citizen. As used in this subsection, “residence” includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.

(3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

(4) Unlawful possession of a firearm is a Class A misdemeanor. (Ord. 1319, § 1, June 4, 2013. Code 1983 § 43.625.)

9.10.430 Littering.

(1) A person commits the crime of offensive littering if the person creates an objectionable stench or degrades the beauty or appearance of property or detracts from the natural cleanliness or safety of property by intentionally:

(a) Discarding or depositing any rubbish, trash, garbage, debris or other refuse upon the land of another without permission of the owner, or upon any public way; or

(b) Permitting any rubbish, trash, garbage, debris, or other refuse to be thrown from a vehicle which the person is operating; except that this subsection shall not apply to a person operating a vehicle transporting passengers for hire subject to regulations by the Interstate Commerce Commission or the Public Utility Commissioner or a person operating a school bus subject to ORS 820.110.

(2) As used in this section, “public way” includes, but is not limited to, roads, streets, alleys, lanes, trails, beaches, parks and all recreational facilities operated by the State, a county or a local municipality for use by the general public.

(3) A person violating the provisions of this section shall be subject to a fine of not to exceed $250.00. (Ord. 692, § 29; amended by Ord. 1046, § 12, Dec. 10, 1991; Ord. 1317, § 1, June 4, 2013. Code 1983 § 43.630.)

9.10.440 Refusing to assist in firefighting operations.

(1) A person commits the offense of refusing to assist in firefighting operations if:

(a) Upon command by a person known by him to be a fireman he unreasonably refuses or fails to assist in extinguishing a fire or protecting property threatened thereby; or

(b) Upon command by a person known by him to be a fireman or peace officer he intentionally and unreasonably disobeys a lawful order relating to his conduct in the vicinity of a fire.

(2) Refusing to assist in firefighting operations is a violation. (Ord. 692, § 30. Code 1983 § 43.640.)

9.10.450 Initiating a false report.

A person commits the offense of initiating a false report if he knowingly initiates a false alarm or report which is transmitted to a fire department, law enforcement agency or other organization that deals with emergencies involving danger to life or property. Violation of this section is a Class C misdemeanor. (Amended by Ord. 1046, § 13, Dec. 10, 1991; Ord. 1068, § 8, May 4, 1993. Code 1983 § 43.650.)

9.10.460 Possession and delivery of marijuana.

Repealed by Ord. 1364. (Ord. 781, § 4; amended by Ord. 850, § 1, Mar. 6, 1979; Ord. 1058, § 1, June 2, 1992. Code 1983 § 43.660.)

9.10.470 Marijuana diversion agreement.

(1) Notification of Availability of Diversion – Petition Forms – Information. The Court shall inform at arraignment a defendant charged with the offense of possession of less than one ounce of marijuana that a diversion agreement may be available if the offense for which the defendant is before the Court is the defendant’s first offense of possession of less than one ounce of marijuana and files with the Court a petition for a possession of marijuana diversion agreement. The petition form for a possession of marijuana diversion agreement shall be available to a defendant at the Court. The form of the petition shall be determined by the Supreme Court. The petition form made available to a defendant shall conform to the requirements adopted by the Supreme Court and shall include:

(a) A waiver by the defendant of the right to speedy trial or sentencing in any subsequent action upon the charge;

(b) An agreement by the defendant to complete at an agency or organization designated by the Court a diagnostic assessment to determine the possible existence and degree of a drug abuse problem;

(c) An agreement by the defendant to complete, at defendant’s own expense based on defendant’s ability to pay, the program of treatment indicated as necessary by the diagnostic assessment;

(d) An agreement by defendant to comply fully with the laws of this City and State regarding controlled substances;

(e) A notice to the defendant that the diversion agreement will be considered to be violated if the Court received notice that the defendant at any time during the diversion period committed a violation of the controlled substances laws of this City and State;

(f) An agreement by the defendant to keep the Court advised of the defendant’s current mailing address at all times during the diversion period; and

(g) A waiver of the defendant of any former jeopardy right under the Federal and State Constitutions and ORS 131.505 to 131.525 in any subsequent action upon the charge or any other offenses based upon the same criminal episode.

(2) Filing Petition – Procedure. After an accusatory instrument has been filed charging the defendant with the offense of possession of less than one ounce of marijuana, a defendant may file with the Court a petition for a possession of marijuana diversion agreement. The petition must be filed within 30 days after the date of the defendant’s first appearance on the complaint, unless a later filing date is allowed by the Court upon a showing of good cause. The petition may not be filed after entry of a guilty plea or a no contest plea or after commencement of any trial on the charge whether or not a new trial or retrial is ordered for any reason.

(a) The defendant shall pay to the Court, at the time of filing the petition for a possession of marijuana diversion agreement, a filing fee as specified in subsection (8) of this section. The Court may make provision for payment of the filing fee by the defendant on an installment basis. The Court may waive all or part of the filing fee in cases involving indigent defendants.

(b) The defendant shall cause a copy of the petition for a possession of marijuana diversion agreement to be served upon the City Attorney. The City Attorney may file with the Court, within 15 days after the date of service, a written objection to the petition and a request for a hearing.

(3) Diversion for First Offense Only. After the time for requesting a hearing has expired with no request for a hearing, or after a hearing requested under subsection (2) of this section, the Court shall allow the petition for a possession of marijuana diversion agreement if the Court finds that the offense for which the defendant is before the Court is the defendant’s first offense of possession of less than one ounce of marijuana.

(4) Diversion Agreement Part of Record of Case – Duration of Agreement – Effect of Denial of Petition. When the Court allows a petition for a possession of marijuana diversion agreement, the Municipal Judge shall sign the petition and indicate thereon the date of allowance of the diversion, the length of the diversion, and the date upon which the possession of less than one ounce of marijuana offense occurred. The petition when signed and dated becomes a diversion agreement between the defendant and the Court. The Court shall make the agreement a part of the record of the case.

(a) A possession of marijuana diversion agreement shall be for a period of one year after the date the Court allows the petition. During the diversion period the Court shall stay the possession of less than one ounce of marijuana offense proceeding pending completion of the diversion agreement or its termination.

(b) When the Court denies a petition for a possession of marijuana diversion agreement, it shall continue the offense proceeding against the defendant.

(5) Effective Compliance with Agreement. At any time after the conclusion of the period of a possession of marijuana diversion agreement, a defendant who has fully complied with and performed the conditions of the diversion agreement may apply by motion to the Court wherein the diversion agreement was entered for an order dismissing the charge with prejudice.

(a) The defendant shall cause to be served on the City Attorney a copy of the motion for entry of an order dismissing with prejudice the charge of possession of less than one ounce of marijuana. The motion shall be served on the City Attorney at the time it is filed with the Court. The City Attorney may contest the motion.

(b) If the defendant does not appear as required by this subsection within six months after the conclusion of the diversion period, and the Court finds that the defendant fully complied with and performed the conditions of the diversion agreement, and if it gives notice of that finding to the City Attorney, the Court may, on its own motion, enter an order dismissing the charge of possession of less than one ounce of marijuana with prejudice.

(c) No statement made by the defendant about the offense with which the defendant is charged shall be offered or received in evidence in any criminal or civil action or proceeding arising out of the same conduct which is the basis for the charge of possession of less than one ounce of marijuana, if the statement was made during the course of the diagnostic assessment or the rehabilitation program and to a person employed by the program.

(6) Designation of Agencies to Perform Diagnostic Assessments – Duties of Agencies. The Municipal Judge shall designate agencies or organizations to perform the diagnostic assessment and treatment required under possession of marijuana diversion agreements. The designated agencies or organizations must meet the standards set by the Mental Health and Developmental Disabilities Services Division to perform the diagnostic assessment and treatment of drug dependency and must be certified by the Mental Health and Developmental Disabilities Service Division. Wherever possible, the Municipal Judge shall designate agencies or organizations to perform the diagnostic assessment that are separate from those that may be designated to carry out a program of treatment for drug dependency.

(a) Monitoring of the defendant’s progress under a diversion agreement shall be the responsibility of the diagnostic assessment agency or organization. It shall make a report to the Court stating the defendant’s successful completion or failure to complete all or any part of the treatment program specified by the diagnostic assessment. The form of the report shall be determined by agreement between the Court and the diagnostic assessment agency or organization. The Court shall make the report of a diagnostic assessment agency or organization that is required by this subsection a part of the record of the case.

(7) Termination of Agreement by Court – Procedure – Grounds – Effect. At any time before the Court dismisses with prejudice the charge of possession of less than one ounce of marijuana, the Court on its own motion or on the motion of the City Attorney may issue an order requiring the defendant to appear and show cause why the Court should not terminate the diversion agreement. The order to show cause shall state the reasons for the proposed termination and shall set an appearance date.

(a) The order to show cause shall be served on the defendant and on the defendant’s attorney, if any. Service may be made by first class mail, postage paid, addressed to the defendant at the mailing address shown on the diversion petition and agreement or at any other address that the defendant provides in writing to the Court.

(b) The Court shall terminate the diversion agreement and continue the offense proceeding if:

(i) At the hearing on the order to show cause, the Court finds by preponderance of the evidence that any of the reasons for termination described in this subsection exists; or

(ii) The defendant fails to appear at the hearing on the order to show cause.

(i) On defendant’s motion and for good cause shown, may reinstate the diversion agreement at any time before conviction, acquittal or dismissal with prejudice.

(ii) If the defendant is convicted, may take into account at time of sentencing any partial fulfillment by the defendant of the terms of the diversion agreement.

(d) The Court shall terminate a diversion agreement under this subsection for any of the following reasons:

(i) If the defendant has failed to fulfill the terms of the diversion agreement.

(ii) If the defendant did not qualify for the diversion agreement.

(8) Amount of Filing Fee – Diagnostic Assessment Fee. At the time of filing a petition for a possession of marijuana diversion agreement the defendant shall pay a filing fee in the amount established by ORS 135.917(1). If less than the full filing fee is collected the money received shall be allocated as provided in ORS 135.917(2). In addition to the filing fee, the Court shall order the defendant to pay a diagnostic assessment fee in the amount established by ORS 135.917(3) directly to the agency or organization providing the diagnostic assessment. (Ord. 1058, § 2, June 2, 1992; amended by Ord. 1318, § 1, June 4, 2013. Code 1983 § 43.661.)

9.10.480 Display for sale of drug paraphernalia.

(1) Except as provided in subsection (7) of this section, a person selling or offering for sale drug paraphernalia may not locate the drug paraphernalia in a location where the drug paraphernalia is:

(a) Visible to the public; or

(b) Accessible without assistance by the seller or the seller’s agent or employee.

(2) For the purposes of this section, “drug paraphernalia” means all equipment, products and materials of any kind which are marketed for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of ORS 475.752 to 475.980. Drug paraphernalia includes, but is not limited to:

(a) Kits marketed for use or designed for use in unlawfully planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

(b) Kits marketed for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

(c) Isomerization devices marketed for use or designed for use in increasing the potency of any species of plant which is a controlled substance;

(d) Testing equipment marketed for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;

(e) Scales and balances marketed for use or designed for use in weighing or measuring controlled substances;

(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, marketed for use or designed for use in cutting controlled substances;

(g) Separation gins and sifters marketed for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

(h) Containers and other objects marketed for use or designed for use in storing or concealing controlled substances; and

(i) Objects marketed for use or designed specifically for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens or hashish heads;

(ii) Water pipes;

(iii) Carburetion tubes and devices;

(iv) Smoking and carburetion masks;

(v) Roach clips, meaning objects used to hold burning material that has become too small or too short to be held in the hand, such as a marijuana cigarette;

(vi) Miniature cocaine spoons and cocaine vials;

(vii) Chamber pipes;

(viii) Carburetor pipes;

(ix) Electric pipes;

(x) Air-driven pipes;

(xi) Chillums;

(xii) Bongs;

(xiii) Ice pipes or chillers; and

(xiv) Lighting equipment specifically designed for the growing of controlled substances.

(3) Drug paraphernalia does not include hypodermic syringes or needles.

(4) In determining whether an object is drug paraphernalia, a trier of fact should consider, in addition to all other relevant factors, the following:

(a) Instructions, oral or written, provided with the object concerning its use;

(b) Descriptive materials accompanying the object which explain or depict its use;

(d) The manner in which the object is displayed for sale;

(e) The existence and scope of legitimate uses for the object in the community; and

(f) Any expert testimony which may be introduced concerning its use.

(5) Violation of this section is a civil infraction. Each day of violation constitutes a separate offense.

(6) In addition to the penalty provided by subsection (5) of this section, a violation of this section is declared to be a public nuisance and shall be subject to summary abatement as provided in MCC 8.05.220.

(7) Subsection (1)(a) of this section shall not apply to:

(a) A marijuana retailer licensed to do business by the Oregon Liquor Control Commission; or

(b) A person who operates a smoke shop. For the purpose of this subsection, “smoke shop” means a business that is primarily engaged in the sale of tobacco products and smoking instruments intended for off-premises consumption or use, with at least 75 percent of the gross revenue of the business resulting from such sales or that is otherwise certified as a smoke shop pursuant to ORS 433.847(2)(a). The City Manager, or the City Manager’s designee, may require a person who claims an exemption from subsection (7)(a) of this section to produce evidence and records to the City Manager’s satisfaction to substantiate the person’s qualification for the exemption. (Ord. 1298, § 1, October 18, 2011; amended by Ord. 1384, § 1, April 2, 2019. Code 1983 § 43.663.)

9.10.490 Open burning.

(1) As used in this section, “open burning” means:

(a) Burning in open, outdoor fires; and

(b) Burning in burn barrels.

(2) No person shall initiate, or allow to be initiated or maintained, any open burning of any material, except as provided in subsection (3) of this section.

(3) The prohibition on open burning in subsection (2) of this section shall not apply to:

(a) Charcoal or wood barbecues having a grill surface no larger than three feet by five feet in size.

(b) Recreational fires and ceremonial fires. For the purpose of this subsection, “recreational fire and ceremonial fire” means an outdoor fire having a total fuel area of three feet or less in diameter and two feet or less in height, burning only clean, dry firewood or charcoal for pleasure, religious, ceremonial, cooking, warmth or similar purposes.

(c) Fires set or permitted by a public agency when such fire is set or permitted in the performance of its official duty for the purpose of weed abatement, prevention or elimination of a fire hazard, open space management, or for training purposes or “burn-to-learn” fires conducted by and under the supervision of Polk County Fire District No. 1.

(4) Violation of this section is a civil infraction. (Ord. 1278, § 1, March 16, 2010. Code 1983 § 43.665.)

9.10.500 Soliciting to commit offense.

(1) No person shall, with the intent of causing another to engage in specific conduct constituting a crime punishable as a misdemeanor or an attempt to commit such misdemeanor, command or solicit such other person to engage in that conduct.

(2) Violation of this section is a:

(a) Class B misdemeanor if the offense solicited is a Class A misdemeanor.

(b) Class C misdemeanor if the offense solicited is a Class B misdemeanor.

9.10.510 Attempt to commit offense.

(1) No person shall intentionally engage in conduct that constitutes a substantial step toward commission of a crime.

(2) Violation of this section is a:

(a) Class B misdemeanor if the offense attempted is a Class A misdemeanor.

(b) Class C misdemeanor if the offense attempted is a Class B misdemeanor.

9.10.520 Penalties.

(1) Sentence upon conviction of classified misdemeanors and violations shall not exceed the following:

(a) Class A misdemeanor, $6,250 fine or one year imprisonment or both.

(b) Class B misdemeanor, $2,500 fine or six months imprisonment or both.

(d) Violation, $500.00 fine.

(2) In determining whether to impose a fine and its amount, the Court shall consider:

(a) The financial resources of the defendant and the burden that payment of a fine will impose, with due regard to the other obligations of the defendant; and

(b) The ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the Court.

(3) When a defendant who has been sentenced to pay a fine or costs is also placed on probation or imposition or execution of sentence is suspended, the Court may make the payment of the fine or of the costs or both a condition of such probation or suspension of sentence. (Ord. 692, § 32; amended by Ord. 897, § 1, Dec. 22, 1981; Ord. 1079, § 6, Feb. 1, 1994; amended by Ord. 1195, § 1, July 6, 2004. Code 1983 § 43.695.)