Chapter 9.05
CRIMINAL CODE
Sections:
9.05.010 Oregon Criminal Code adopted.
9.05.020 Drinking in public places.
9.05.050 Discharge of weapons.
9.05.060 Storage of discarded vehicle.
9.05.090 Notices and advertisements.
9.05.100 Offenses outside city limits.
9.05.140 Application of state statutes.
Legislative history: Ord. 698.
9.05.010 Oregon Criminal Code adopted.
(1) Chapters 133, 153, 161, 162, 163, 164, 165, 166, 167, 471 and 475 ORS and ORS 480.110 through 480.165 and 480.990(5), or as amended, except for any offense classified as a felony under state law, are hereby adopted by reference. Violation of an adopted provision of those chapters is an offense against the city.
(2) The provisions of Chapter 161 ORS, or as amended, relating to defense, 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 definition and other particular sections of chapters adopted by subsection (1) of this section are applicable throughout this chapter. [Ord. 645 § 1, 1993].
9.05.020 Drinking in public places.
No person shall drink or consume alcoholic liquor in or on a street, alley, mall, parking lot or structure, public grounds or other public place, or in a motor vehicle in any such place, unless the place has been licensed for that purpose by the Oregon Liquor Control Commission, except that consumption of alcoholic liquor may be permitted in a park by permit issued by the city council. [Ord. 645 § 2, 1993].
9.05.030 Unnecessary noise.
No person shall create or assist in creating or permit the continuance of unreasonable noise in the city. The following enumeration of violations of this section is not exclusive but is illustrative of some unreasonable noises.
(1) Keeping an animal that, by loud and frequent continued noise, disturbs the comfort and repose of a person in the vicinity.
(2) Using an engine, thing or device that is so loaded, out of repair or operated in such a manner as to create a loud or unnecessary grating, grinding, rattling or other noise.
(3) Using a mechanical device operated by compressed air, steam or otherwise, unless the noise created by it is effectively muffled.
(4) Construction, excavation, demolition, alteration or repair of a building between the hours of 9:00 p.m. and 7:00 a.m., except by special permit granted by the city.
(5) Using or operating a musical instrument, radio, stereo, television, car radio or stereo, loudspeaker or sound-amplifying device, or any other similar device so loudly that it disturbs persons in its vicinity, or in a manner that makes it a public nuisance. However, on application of the city council, permits may be granted to broadcast music, news, speeches or general entertainment. [Ord. 645 § 3, 1993].
9.05.040 Curfew for minors.
(1) No minor under 18 years of age shall be on a street, highway, park, alley or other public place on Sunday through Thursday between the hours of 10:00 p.m. and 5:00 a.m. the following morning, or on Friday and Saturday between midnight and 5:00 a.m. the following morning, unless:
(a) The minor is accompanied by a parent, guardian or other person 21 years of age or over and authorized by the parent or by law to have custody of the minor;
(b) The minor is engaged in a lawful pursuit or activity which requires the minor’s presence upon the street, highway, park, alley or other public place; or
(c) The minor is emancipated under ORS 419B.550 through 419B.558.
(2) No parent, guardian or other person having legal custody of a minor under the age of 18 years shall permit the minor to be in violation of this section.
(3) Any police officer is authorized to take a minor violating this section into custody as provided by ORS 419C.080.
(4) No parent, guardian, or other person having legal custody of a minor taken into police custody as provided in subsection (3) of this section shall refuse to come immediately and take custody of the minor upon being notified to do so by the police.
(5) Violation of this section is punishable by a fine not to exceed $100.00. [Amended during 2012 recodification; Ord. 645 § 4, 1993].
9.05.050 Discharge of weapons.
Except at a firing range approved by the city council, no person other than a peace officer acting in the line of duty shall fire or discharge a gun or weapon, including a spring- or air-actuated pellet gun, BB gun, cross-bow, bow and arrow, slingshot, peashooter, or any weapon that propels a projectile by use of gunpowder or other explosive, jet or rocket propulsion. [Ord. 645 § 5, 1993].
9.05.060 Storage of discarded vehicle.
No person shall store or permit the storing of a discarded vehicle upon private property within the city for more than 72 hours unless the vehicle is completely enclosed within a building or unless it is in connection with a lawfully conducted business enterprise dealing in junked vehicles.
For the purposes of this section, a discarded vehicle is a vehicle that does not have an unexpired license plate lawfully affixed to it or is in one or more of the following conditions:
(1) Inoperative.
(2) Wrecked.
(3) Dismantled or partially dismantled to the extent as to not be legally or physically operable on a public road.
(4) Abandoned.
(5) Junked.
Discarded vehicles include major parts of vehicles, including, but not limited to, bodies, engines, transmissions and rear ends. [Ord. 645 § 6, 1993].
9.05.070 Drug paraphernalia.
(1) Definitions. For the purpose of this section, the following words, terms and phrases shall mean:
Controlled Substance. ORS 475.005(6) is adopted for the purpose of defining the term “controlled substance.”
“Drug paraphernalia” means all equipment, products and materials of any kind which are used, intended 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 this section. It includes, but is not limited to:
(a) Kits used or intended for use in 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 used or intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(c) Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance;
(d) Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(e) Scales and balances used or intended for use in weighing or measuring controlled substances;
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled substances;
(g) Separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(h) Blenders, bowls, containers, spoons and mixing devices used or intended for use in packaging small quantities of controlled substances;
(i) Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled substances;
(j) Containers and other objects used or intended for use in storing or concealing controlled substances;
(k) Hypodermic syringes, needles, and other objects used or intended for use in injecting controlled substances into the human body;
(l) Objects used or intended 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, hashish head, or punctured metal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) Roach clips. Meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
(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;
(m) In determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all other logically relevant factors, the following:
(i) Statements by an owner or by anyone in control of the object concerning its use;
(ii) The proximity of the object, in time and space, to a direct violation of this section;
(iii) The proximity of the object to controlled substances;
(iv) The existence of any residue of controlled substances on the objects;
(v) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he knows, or should reasonably know, intend to use the object to facilitate a violation of this section; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this section should not prevent a finding that the object is intended for use as a drug paraphernalia;
(vi) Instructions, oral or written, provided with the object concerning its use;
(vii) Descriptive materials accompanying the object which explain or depict its use;
(viii) National and local advertising concerning its use;
(ix) The manner in which the object is displayed for sale;
(x) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(xi) Direct or circumstantial evidence of the ratio of sale of the object(s) to the total sales of the business enterprise;
(xii) The existence and scope of legitimate uses for the object in the community;
(xiii) Expert testimony concerning its use.
(2) Possession of Drug Paraphernalia. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance except upon prescription of a licensed physician, dentist, or other person authorized to prescribe the same under the law of the state of Oregon. Any person who violates this subsection shall be fined not more than $500.00.
(3) Manufacture or Delivery of Drug Paraphernalia. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this section. Any person who violates this subsection shall be fined not more than $750.00.
(4) Delivery of Drug Paraphernalia to a Minor. Any person 18 years of age or over who violates subsection (3) of this section by delivering drug paraphernalia to a person under 18 years of age who is at least three years his junior shall be fined not more than $1,000.
(5) Advertisement of Drug Paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects intended for use as drug paraphernalia. Any person who violates this subsection shall be fined not more than $250.00. [Ord. 645 § 7, 1993].
9.05.080 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. 645 § 8, 1993].
9.05.090 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 repeal of, any city regulation of the use and location of signs. [Ord. 645 § 9, 1993].
9.05.100 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. 645 § 10, 1993].
9.05.110 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. 645 § 11, 1993].
9.05.120 Penalties.
Unless another section of this chapter prescribes penalties for violation of that section, violation of a provision of this chapter is otherwise punishable by a fine not to exceed $500.00; except, however, that if a violation of a provision of this chapter is identical to a state statute with a lesser penalty, punishment shall be limited to the lesser penalty prescribed in state law. [Ord. 645 § 12, 1993].
9.05.130 Nuisance abatement.
No provision of this chapter shall preclude abatement of a nuisance as provided in the city’s nuisance ordinance. [Ord. 645 § 13, 1993].
9.05.140 Application of state statutes.
Provisions of the Oregon Criminal Code 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. [Ord. 645 § 15, 1993].
9.05.150 Prohibited camping.
(1) Definitions.
“Camp” or “camping” means to set up or to remain in or at a campsite, for the purpose of establishing or maintaining a temporary or permanent place to live/reside. Using or maintaining a fire or stove without other evidence of a temporary place to live/reside shall also be considered camping.
“Campsite” means any place where any indicia of camping is placed, established, or maintained.
“Indicia of camping” means items or activities that may include but are not limited to: any stove or fire or cooking activity outside of authorized areas; storage of personal belongings; use of tents, lean-tos, shacks, vehicles or any other temporary structures or any part thereof for sleeping or storage of personal belongings; designation of an area in a manner to exclude other members of the public by maintaining, using or storing personal belongings or items. Bedding (such as blankets, sleeping bags, or other sleeping matter), by itself, is not indicia of camping.
(2) Except by permit issued by the city recorder for camping in nondesignated areas, it is unlawful to camp in or upon any sidewalk, street, alley, lane, public right-of-way or any other place to which the general public has access, or under any bridgeway or viaduct.
(3) No RV or campsite shall be used or occupied on any tract of ground within the corporate limits of the city except as provided in this section.
(4) No person shall use or occupy any RV on the premises of any occupied dwelling or on any lot which is not part of the premises of any occupied dwelling, unless a permit therefor shall have been first obtained as prescribed in Chapter 18.125 MCMC, Trailer Houses and Trailer Coaches, nor shall any person permit such use or occupancy unless the occupant of the RV or camp has obtained a permit therefor.
(5) Exceptions.
(a) Those experiencing homelessness may sleep, lie, or keep warm and dry outside on public property in compliance with the following time, place, and manner requirements:
(i) Time. Those experiencing homelessness may sleep, lie, or keep warm and dry on public property, that has not been identified as impermissible, from dusk until 30 minutes before sunrise.
(ii) Place. Those experiencing homelessness may sleep, lie, or keep warm and dry in conformance with time and manner provisions on public property with the following location exclusions:
(A) Public Works Water and Wastewater complex;
(B) Areas fenced and being used for potable water storage;
(C) Maggie Steinbaugh Park;
(D) All areas of Millsite Park with the exception of the Disc Golf Course;
(E) Public parking lots and rights-of-way;
(F) Property adjacent to the volunteer fire department;
(G) Sidewalks where ADA access would be impacted;
(H) Evergreen Park;
(I) Library building;
(J) Right-of-way.
(iii) Manner. During times allowable under the time provision of subsection (5)(a)(i) of this section, those experiencing homelessness may use small tents or other temporary means of portable shelter that must be fully removed daily without impacting the grounds.
(b) Automobile and Recreational Vehicle (RV) Use. For those experiencing homelessness, an automobile or RV as defined in ORS 446.310(2) shall be allowed for sleeping outside of a permitted or authorized campground, without a permit, provided the following conditions exist and are complied with:
(i) Shall be permitted for sleeping during periods that do not exceed 24 hours.
(ii) Parked in an area that is graveled or hard surface, either asphalt or concrete, and would not impede traffic or create a traffic safety issue.
(6) Any person who violates this section shall be punished, upon conviction, by a fine of not more than $200.00 for each violation. Conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of a crime. [Ord. 848 § 1, 2023; Ord. 844 § 1, 2021].