Chapter 9.25 OFFENSES AGAINST PROPERTY

No person other than a peace officer performing a lawful duty shall enter upon land or into a building used in whole or in part as a dwelling not that person’s own without permission of the owner or person entitled to possession and while so trespassing look through or attempt to look through a window, door or transom of the dwelling or that part of the building used as a dwelling with the intent to violate the privacy of any other person. [Ord. 1703, 8-20-73. Code 2001 § 134.02.]

Penalty: See NMC 9.25.260.

9.25.030 Mischief.

No person shall, with intent to cause substantial inconvenience to the owner or to another person, having no right to do so nor reasonable grounds to believe the person has such right, tamper or interfere with the property of another. [Ord. 1703, 8-20-73. Code 2001 § 134.03.]

Penalty: See NMC 9.25.260.

9.25.040 Aggravated mischief.

A. No person shall violate NMC 9.25.030 and as a result of the violation damage property in an amount exceeding $100.00.

B. No person shall, while having no right to do so nor reasonable grounds to believe that the person has such right, intentionally damage property of another, or recklessly damage property of another in an amount exceeding $100.00. [Ord. 1703, 8-20-73. Code 2001 § 134.04.]

Penalty: See NMC 9.25.260.

9.25.050 Shoplifting.

A. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Mercantile establishment” means any place where merchandise is displayed, held or offered for sale, either at retail or wholesale.

“Merchandise” means all things moveable, capable of manual delivery and having a value of less than $50.00.

“Owner” means any person who owns or operates a mercantile establishment, or the agents or employees of that person.

B. No adult or emancipated minor shall take possession of any merchandise displayed or offered for sale by any mercantile establishment without the consent of the owner and with the intention of converting such merchandise to the individual’s own use without having paid the purchase price of the merchandise; or alter the price indicia of such merchandise. [Ord. 2195, 11-3-86. Code 2001 § 134.05.]

Penalty: See NMC 9.25.260.

9.25.060 Theft.

A person commits the crime of theft if, by other than extortion, the person:

A. Commits theft as defined in ORS 164.015; and

B. The total value of the property in a single or aggregate transaction is under $200.00. [Ord. 1997, 2-4-80; Ord. 1703, 8-20-73. Code 2001 § 134.06.]

Penalty: See NMC 9.25.260.

9.25.070 Obstruction of building entrances.

No person shall obstruct the entrance to a building. [Ord. 1703, 8-20-73. Code 2001 § 134.07.]

Penalty: See NMC 9.25.260.

9.25.080 Obstruction of sidewalks.

No owner or person in charge of property shall permit a cellar door or grate located in or upon a sidewalk or public pathway to remain open except when such entrance is being used and, when being used, there are adequate safeguards for pedestrians using the sidewalk. [Ord. 1703, 8-20-73. Code 2001 § 134.08.]

Penalty: See NMC 9.25.260.

9.25.090 Expectoration.

No person shall spit or expectorate upon a sidewalk or building or in a public place except in receptacles provided for that purpose or defile in any manner a drinking fountain used by the public. [Ord. 1703, 8-20-73. Code 2001 § 134.09.]

Penalty: See NMC 9.25.260.

9.25.100 Nuisance abatement.

In addition to the imposition of penalties, violations of NMC 9.25.070 and 9.25.080 are declared to be public nuisances and subject to abatement, as provided in the uniform nuisance abatement procedure ordinance, set out in NMC 8.15.170 et seq. [Ord. 2164, 4-1-85; Ord. 1703, 8-20-73. Code 2001 § 134.10.]

Article II. Posting

9.25.110 Posting on public property prohibited.

No person, firm or corporation may post, paint, tack or hang any material on city or public property. [Code 2001 § 134.25.]

Penalty: See NMC 9.25.260.

9.25.120 Posting on private residences.

A. No person, firm or corporation may leave or hang any advertising material at a private residence unless it is secured in such a manner that it cannot be scattered, spread or strewn over the property by wind or other weather conditions.

B. Leaving Unwanted Material – No Solicitation.

1. No person, firm or corporation may leave or hang any advertising material at a private residence after receiving notice that the material is not wanted, and it is not to be placed on the subject property.

2. Notice that the material is not wanted and is not to be left on the subject property shall be given by the occupant or property owner by mailing to the distributor of the material a registered letter that states the occupant or owner’s name, address, and that the objectionable material is not to be delivered to the specified address. The notice shall specifically identify the material objected to.

3. Property owners may also display a “no solicitation” sign on their property and no advertising materials shall be left on the property. [Code 2001 § 134.26.]

Penalty: See NMC 9.25.260.

Article III. Littering

9.25.130 Title.

This article shall be known and may be cited as the City of Newberg anti-litter ordinance. [Ord. 1673, 9-5-72. Code 2001 § 134.40.]

9.25.140 Definitions.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

“Aircraft” means any contrivance now known, hereafter invented, used or designed for navigation or for flight in the air. The word “aircraft” shall include helicopters, lighter-than-air dirigibles and balloons.

“Authorized private receptacle” means a litter storage and collection receptacle as required and authorized in the city garbage collection ordinance.

“City” means the City of Newberg, Oregon.

“Commercial handbill” means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature:

1. Which advertises for sale any merchandise, product, service, commodity or thing; or

2. Which directs attention to any business or mercantile or commercial establishment, or other activity for the purpose of either directly or indirectly promoting the interest of any business or mercantile or commercial establishment, or other activity by sales; or

3. Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expense incident to such meeting, theatrical performance, exhibition or event of any kind when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license, where such license is or may be required by any law of this state or under any ordinance of this city; or

4. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes, or for the private benefits and gain of any person so engaged as advertiser or distributor.

“Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparing, cooking and consumption of food.

“Litter” means garbage, refuse and rubbish as defined herein and all other material which, if thrown, deposited or allowed to accumulate as herein prohibited, tends to create a danger to public health, safety and welfare, and which is not within a receptacle provided for the material.

“Newspaper” means any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

“Noncommercial handbill” means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature not included in the aforesaid definitions of a commercial handbill or newspaper.

“Person” means any person, firm, partnership, association, corporation, company or organization of any kind.

“Private premises” means any private property, together with any structure on the property, whether inhabited or temporarily or continuously uninhabited or vacant, including the yard, grounds, walks, driveway, porch, steps, vestibule or entryway, and any off-street parking area.

“Public place” means any and all public streets, sidewalks, gutters, boulevards, alleys and other public rights-of-way, and all public parks, squares, spaces, grounds and buildings.

“Refuse” means all putrescible and nonputrescible solid wastes (except body waste), including garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.

“Rubbish” means nonputrescible solid waste consisting of both combustible and noncombustible wastes including, but not limited to, paper, wrappings, cardboard, tin cans, yard clippings, leaves, dirt (other than the natural soil, in place), wood, glass, bedding, crockery, abandoned, dismantled or no longer used automobiles, junk, worthless and useless articles which are in such a state or such a quantity as to be unsightly, against the general welfare, unhealthful, dangerous to persons or property, or so as to interfere with the abatement of weeds and similar materials.

“Sidewalk” means the paved and unpaved, planted or unplanted area maintained between the property line and the curb line or the edge of the surfaced roadway, and includes a driveway, curbing, bulkhead, retaining wall and other works for the protection of any sidewalk or parking located in any public street, way or thoroughfare within the city.

“Vehicle” means every device upon or by which any person shall or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. [Ord. 1673, 9-5-72. Code 2001 § 134.41.]

9.25.150 Littering prohibited.

No person shall throw, deposit or accumulate litter in or upon any public place or private premises as hereinbefore defined within the city, except for collection, or at a city dump, or except while such person is temporarily engaged in clearing said public place or private premises of litter or improving said public place or private premises. No person shall deposit or cause to be deposited in any city-owned receptacle located in a public place the garbage or litter which was accumulated in the residence or place of business occupied by said person. [Ord. 1673, 9-5-72. Code 2001 § 134.42.]

Penalty: See NMC 9.25.260.

9.25.160 Placement of litter in receptacles so as to prevent scattering.

Persons placing litter in authorized public or private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any public place or private premises. [Ord. 1673, 9-5-72. Code 2001 § 134.43.]

Penalty: See NMC 9.25.260.

9.25.170 Clearing of litter from private premises and adjacent public places by city.

A. Notice to Remove. The chief of police or designee is authorized and empowered to notify the owner, agent, or person in control of any private premises within the city to dispose of litter on such premises or upon the public places abutting or adjacent to such premises. Such notices shall be given by posting the private premises and by certified mail addressed to said owner, agent, or such other person’s last known address, or by personal service on the owner, agent, or person in control or occupant of said property.

B. Content of Notice. The notice shall describe the work to be done and shall state that if the work is not commenced within five days after receipt of notice and diligently prosecuted to completion without interruption, the city shall dispose of the litter, and the cost shall be a lien on the property. Said notice shall be upon a form approved by the city.

C. Action upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of the litter within five days after notice has been given as hereinbefore provided, or within 10 days after the date of mailing such notice, in the event the Post Office is unable to make delivery, provided the same was properly addressed to the last known address of such owner or agent, the city is authorized and empowered to pay for the disposal of such litter out of the city funds or to order its disposal by city forces. The chief of police or designee, including any contractor with whom the city contracts, and assistants, employees or agents of such contractor, are authorized to enter upon said property for the purpose of disposing of the litter described in the notice. Before the chief of police or designee or contractor arrives, any property owner may dispose of the litter at the property owner’s own expense.

D. Charge to Owner. Where the city has effected the removal of such litter or has paid for its removal, the actual cost of the removal, plus accrued interest at the rate of seven percent per annum from the date of the completion of the work, shall be charged to the owner of such property; and the owner or the owner’s agent shall be billed by mail, if not paid prior thereto. The bill shall apprise the owner that failure to pay the bill will result in a lien.

E. Recorded Statement Constitutes a Lien. Where the full amount due the city is not paid by such owner within 30 days after the date of said billing by the city, it shall cause to be recorded a sworn or certified statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which said litter disposal work was done. The recordation of such sworn or certified statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be subject to a delinquent penalty of 10 percent in the event same is not paid in full on or before the date the amount due becomes a lien. Sworn or certified statements recorded in accordance with the provisions of this chapter shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest and costs, constitutes a charge against the property designated or described in the statement, and that the same is due and collectible as provided by law. The city shall record said lien in the city lien docket. [Ord. 2733 Att. A, 2-7-11; Ord. 1673, 9-5-72. Code 2001 § 134.44.]

Penalty: See NMC 9.25.260.

Cross-references: For collection of property tax liens by foreclosure, see ORS 312.010.

9.25.180 Litter thrown by persons in vehicles.

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property. [Ord. 1673, 9-5-72. Code 2001 § 134.45.]

Penalty: See NMC 9.25.260.

9.25.190 Throwing or distributing commercial handbills in public places.

Repealed by Ord. 2741. [Ord. 1673, 9-5-72. Code 2001 § 134.46.]

Penalty: See NMC 9.25.260.

9.25.200 Placing commercial and noncommercial handbills on vehicles.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver a noncommercial handbill to any occupant of a vehicle who is willing to accept it. [Ord. 1673, 9-5-72. Code 2001 § 134.47.]

Penalty: See NMC 9.25.260.

9.25.210 Depositing commercial and noncommercial handbills on uninhabited or vacant premises.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. [Ord. 1673, 9-5-72. Code 2001 § 134.48.]

Penalty: See NMC 9.25.260.

9.25.220 Prohibiting distribution of handbills where properly posted.

No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone on the premises not to do so, or if there is placed on said premises in a conspicuous position near the entrance of the premises a sign bearing the words “No Trespassing,” “No Peddlers or Agents,” “No Advertisements,” or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. [Ord. 1673, 9-5-72. Code 2001 § 134.49.]

Penalty: See NMC 9.25.260.

9.25.230 Distributing commercial and noncommercial handbills at inhabited private premises.

A. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted, as provided in this article, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.

B. Exception for Mail and Newspapers. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein); except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. [Ord. 1673, 9-5-72. Code 2001 § 134.50.]

Penalty: See NMC 9.25.260.

9.25.240 Dropping litter from aircraft.

No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object. [Ord. 1673, 9-5-72. Code 2001 § 134.51.]

Penalty: See NMC 9.25.260.

9.25.250 Alternative procedure.

The procedures herein established are alternative and cumulative to any other procedures allowed by law for the accomplishment of the same objectives. The nuisance abatement procedure set forth in the uniform nuisance abatement procedure ordinance, NMC 8.15.170 et seq., may be utilized in the enforcement of this article. [Ord. 2164, 4-1-85; Ord. 1673, 9-5-72. Code 2001 § 134.52.]

Article IV. Penalty

9.25.260 Penalty.

A. Any person who violates any provision of this chapter for which no penalty is otherwise provided shall be subject to the penalty provided in NMC 1.05.200.

B. Violation of NMC 9.25.050 shall be deemed to be a Class 1 civil infraction subject to a $1,000 fine as set out in the uniform civil infraction procedure ordinance, Chapter 2.30 NMC.

C. Every person as herein defined who shall violate any of the provisions of NMC 9.25.130 through 9.25.250 shall have committed a Class 2 civil infraction and shall be processed in accordance with the procedure set forth in the uniform civil infraction procedure ordinance, Chapter 2.30 NMC. Each separate day or any portion of a day during which any violation of said sections occurs or continues constitutes a separate offense and shall be punishable as herein provided. [Ord. 2195, 11-3-86; Ord. 2163, 4-1-85; Ord. 1673, 9-5-72. Code 2001 § 134.99.]