Chapter 9.05
GENERAL OFFENSES
Sections:
Article I. General Provisions
9.05.010 State law and definitions adopted.
9.05.020 Soliciting or confederating to violate title.
9.05.030 Attempt to commit offenses.
9.05.040 Violations – Continuous.
Article II. Offenses Against Public Peace
9.05.070 Disorderly conduct at fires.
9.05.080 Abuse of venerated objects.
9.05.090 Urination or defecation in public places.
Article III. Miscellaneous Offenses
9.05.110 Offenses related to lodging.
Cross-references: Nuisances affecting public health, see NMC 8.15.030 et seq.; nuisances affecting public safety, see NMC 8.15.060 et seq.; alcohol-related offenses, see NMC 9.35.010 through 9.35.200 and 9.35.220.
Article I. General Provisions
9.05.010 State law and definitions adopted.
A. Violation of the provisions in ORS Chapters 161 through 167 inclusive, as now constituted, is an offense against the city.
B. The definitions contained in ORS Chapters 161 through 167 are adopted by reference and made a part of this title. 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 state law shall be applicable throughout this title.
C. “Intoxicant” means a substance which when taken into a body produces a condition of diminished mental and/or physical ability, hyperexcitability, and/or stupefaction. [Ord. 2741 § 1, 6-20-11; Ord. 1703, 8-20-73. Code 2001 § 130.01.]
9.05.020 Soliciting or confederating to violate title.
No person shall solicit, aid, abet, employ or engage another, or confederate with another to violate a provision of this title. [Ord. 1703, 8-20-73. Code 2001 § 130.02.]
Penalty: See NMC 9.05.120.
9.05.030 Attempt to commit offenses.
A person who shall attempt to commit any of the offenses mentioned in this title 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. 1703, 8-20-73. Code 2001 § 130.03.]
Penalty: See NMC 9.05.120.
9.05.040 Violations – Continuous.
Whenever in this title, or any ordinance of the City of Newberg, 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. 1703, 8-20-73. Code 2001 § 130.04.]
9.05.050 Cost judgment.
Whenever a defendant shall have pleaded guilty, or shall have been found guilty of an offense punishable under the terms of an ordinance of the city, and shall be sentenced to pay a fine or to be imprisoned, or both, the municipal judge shall impose a cost judgment upon such convicted defendant in an amount as adopted by the judge in the cost of judgment schedule, which shall be in addition to the amount of any fine imposed, and shall be collectable in like manner as such fine is collected. [Ord. 1703, 8-20-73. Code 2001 § 130.05.]
Article II. Offenses Against Public Peace
9.05.060 Public intoxication.
No person shall create, while in a state of intoxication, any disturbance of the public in any public or private business or place. [Ord. 1703, 8-20-73. Code 2001 § 130.16.]
Penalty: See NMC 9.05.120.
Editor’s note: For fine amount, see NMC 2.30.210, Schedule of forfeitures.
9.05.070 Disorderly conduct at fires.
A. It shall be unlawful for any person at or near a fire to obstruct or impede the fighting of the fire, interfere with fire department personnel or fire department apparatus, to behave in a disorderly manner, or refuse to observe promptly an order of a member of the fire or police department.
B. For purposes of this section, members of the fire department are endowed with the same powers of arrest as are conferred upon peace officers for violations of city ordinances. [Ord. 1703, 8-20-73. Code 2001 § 130.17.]
Penalty: See NMC 9.05.120.
9.05.080 Abuse of venerated objects.
A. No person shall intentionally abuse a public monument or structure, a place of worship or burial, or the national or state flag.
B. As used in this section, “abuse” means to deface, damage, defile or otherwise physically mistreat in a manner likely to outrage public sensibilities. [Ord. 1703, 8-20-73. Code 2001 § 130.18.]
Penalty: See NMC 9.05.120.
9.05.090 Urination or defecation in public places.
No person shall, while in or in view of a public place or the public, perform an act of urination or defecation except in toilets provided for that purpose. [Ord. 2388, 10-3-94. Code 2001 § 130.19.]
Penalty: See NMC 9.05.120.
Article III. Miscellaneous Offenses
9.05.100 Use of 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, 480.120, 480.130, 480.140(1) and 480.150. [Ord. 1703, 8-20-73. Code 2001 § 130.40.]
Penalty: See NMC 9.05.120.
9.05.110 Offenses related to lodging.
A. Lodging. No person shall lodge in a car, outbuilding or other place not intended for that purpose without permission of the owner or person entitled to the possession of the car, outbuilding or other place.
B. Lodging Accommodations. No person shall write or cause to be written, or knowingly permit to be written, in any register in any hotel, lodging house, rooming house, or other place where transients are accommodated in the city, any other or different name or designation than the true name or designation of the person so registered, or the name or designation by which such person is generally known. [Ord. 1703, 8-20-73. Code 2001 § 130.41.]
Penalty: See NMC 9.05.120.
9.05.120 Penalty.
Unless specifically provided otherwise, violations of any provision of this title are punishable by a fine not to exceed $1,000 or imprisonment not to exceed one year, or by both a fine and imprisonment; provided, however, if there is a violation of any provision identical to a state statute with a lesser penalty attaching, punishment shall be limited to the lesser penalty prescribed in the state statute. [Ord. 2335, 7-6-92; Ord. 2010, 5-13-80; Ord. 1703, 8-20-73. Code 2001 § 130.99.]