Chapter 130

A person who attempts to commit an offense mentioned in this chapter or any ordinance of the city but who, for any reason, is prevented from consummating the act is guilty of an offense.

(’91 Code, § 4-6.53) (Ord. 965, passed 4-9-91) Penalty, see § 130.99

130.04 NUISANCE ABATEMENT.

No provision in this chapter shall preclude abatement of a nuisance as provided in the city’s general nuisance ordinance set forth in Ch. 93 of this code.

(’91 Code, § 4-6.56) (Ord. 965, passed 4-9-91)

ALCOHOL AND DRUGS

130.15 DRINKING IN PUBLIC PLACES.

No person shall drink or consume alcoholic liquor in or on a street, alley, mall, parking lot or structure, motor vehicle, public grounds or other public place unless the place has been licensed for that purpose by the Oregon Liquor Control Commission. Provided, however, consumption of alcoholic liquor is permitted in a park when a permit has been obtained from the Council.

(’91 Code, § 4-6.1) (Ord. 965, passed 4-9-91) Penalty, see § 130.99

130.16 TRANSACTIONS WITH INTOXICATED PERSONS.

No person shall purchase property from a person who is in an intoxicated condition or under the influence of a narcotic drug, or advance, loan money to, or have dealings with the person respecting the title to property.

(’91 Code, § 4-6.44) (Ord. 965, passed 4-9-91) Penalty, see § 130.99

OFFENSES AGAINST PUBLIC PEACE AND SAFETY

130.25 WEAPONS.

(A) No person, other than a peace officer, or a person authorized in writing by the Chief of Police or his/her designee, may fire or discharge a crossbow or a gun, including spring- or air-actuated pellet gun, or a weapon that propels a projectile by use of gunpowder or other explosive, jet or rocket propulsion.

(B) The provisions of this section shall not be construed to prohibit firing or discharging a weapon by any person in the defense or protection of his/her property, person or family.

(C) Any person shooting an arrow from a bow violates this chapter if the arrow travels across a boundary line of the property from where the arrow was shot.

(’91 Code, § 4-6.6) (Ord. 965, passed 4-9-91; Am. Ord. 994, passed 3-9-93) Penalty, see § 130.99

130.26 STREET AND SIDEWALK OFFENSES.

(A) Obstruction of building entrances. No person shall obstruct an entrance to a building.

(B) Open cellar doors or grates. No owner or person in charge of property shall permit a cellar door or grate located in or on a sidewalk or public pathway to remain open unless the entrance is being used and, when being used, there are adequate safeguards for pedestrians using the sidewalk.

(C) Obstruction of fire hydrants. No owner of property adjacent to a street upon which a fire hydrant is located shall place or maintain a bush, shrub or tree or other obstruction within eight feet of the fire hydrant.

(D) Obstructing passageways.

(1) No person shall, except as otherwise permitted by ordinance or with permission of the City Council, obstruct, cause to be obstructed or assist in obstructing pedestrians or vehicular traffic on a sidewalk or street.

(2) The provisions of this subsection (D) shall not apply to the delivery of merchandise or equipment. However, no person shall permit the merchandise or equipment to remain on a street or sidewalk beyond a reasonable time.

(’91 Code, §§ 4-6.35 through 4-6.38) (Ord. 965, passed 4-9-91) Penalty, see § 130.99

130.27 BEGGING.

No person shall physically accost another in a public place to solicit alms.

(’91 Code, § 4-6.42) (Ord. 965, passed 4-9-91; Am. Ord. 977, passed 5-28-91) Penalty, see § 130.99

130.28 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 possession.

(’91 Code, § 4-6.43) (Ord. 965, passed 4-9-91) Penalty, see § 130.99

130.29 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 a repeal of any city regulation of the use and location of signs.

(’91 Code, § 4-6.45) (Ord. 965, passed 4-9-91) Penalty, see § 130.99

130.30 HAULING.

No person shall haul sand, gravel, rock, wood or other substances in a vehicle or conveyance that is so constructed or in a condition as to allow the sand, gravel, rock, wood or other substances to fall on and litter public streets.

(’91 Code, § 4-6.46) (Ord. 965, passed 4-9-91) Penalty, see § 130.99

OFFENSES AGAINST PUBLIC MORALS

130.45 PUBLIC INDECENCY.

No person shall, while in, or in view of, a public place, perform the following.

(A) An act of sexual intercourse.

(B) An act of deviant sexual intercourse.

(D) An act of urination or defecation except in toilets provided for that purpose.

(’91 Code, § 4-6.11) (Ord. 965, passed 4-9-91) Penalty, see § 130.99

MINORS

130.55 ENDANGERMENT.

(A) No person shall employ a person under 18 years of age in or about a cardroom, poolroom, billiard parlor or dance hall, unless the establishment is a "recreational facility" as defined in § 130.56.

(B) No person shall solicit, aid or cause a person under 18 years of age to do the following.

(1) Violate a law of the United States or a state, or to violate a city or county ordinance.

(2) Run away or conceal him/herself from a person or institution having lawful custody of the minor.

(’91 Code, § 4-6.16) (Ord. 965, passed 4-9-91) Penalty, see § 130.99

130.56 PLACES OF AMUSEMENT.

(A) No person under 18 years of age shall enter, visit or loiter in or about a public cardroom, poolroom or billiard parlor.

(B) No person operating or assisting in the operation of a public cardroom, poolroom or billiard parlor shall permit a person under 18 years of age to engage in a game of cards, pool, billiards, dice or games of chance, for amusement or otherwise.

(C) This section shall not apply to playing billiards or pool in a recreational facility. As used in this section, RECREATIONAL FACILITY means an area, enclosure or room in which facilities are offered to the public to play billiards or pool for amusement only and is clean, adequately supervised, adequately lighted and ventilated; no alcoholic liquor is sold or consumed; and, where access does not require passing through a room where alcoholic liquor is sold or consumed.

(’91 Code, § 4-6.17) (Ord. 965, passed 4-9-91) Penalty, see § 130.99

Cross reference:

Amusements, see Ch. 111

130.57 CURFEW.

(A) Curfew imposed.

(1) No minor under the age of 18 years shall be on a street, highway, park, alley or other public place between the hours specified in division (B) of this section, except for any of the following.

(a) The minor is accompanied by a parent or legal guardian; or other person 18 years of age or older 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 or is engaged in travel to or from a lawful pursuit or activity, which pursuit or activity or travel from the pursuit or activity requires the minor’s presence upon the public places.

(2) For the purpose of this section, a LAWFUL PURSUIT OR ACTIVITY is any of the following.

(a) Any pursuit or activity that begins prior to curfew hours, is authorized by the minor’s parents or lawful guardian and is not prohibited by law.

(b) Employment.

(B) Curfew hours. For the purpose of this section, the hours of curfew are as follows.

(1) For minors 16 and 17 years of age, the applicable hours of curfew are the hours between 12:00 midnight and 5:00 a.m., Friday and Saturday nights.

(2) For minors 16 and 17 years of age, on all other nights, and for minors 15 years of age and younger, the applicable hours of curfew are the hours between 10:00 p.m. and 5:00 a.m.

(C) Action taken in the event of violation. Any peace officer or Crook County juvenile officer having reasonable grounds to believe a minor has violated this chapter may take the minor into temporary custody. The person taking temporary custody of a minor under this chapter shall as soon as practicable notify the parents, guardian or other person having care or custody of the minor. If the minor is in violation of this chapter, the minor shall be cited to appear in the Crook County Juvenile Court during regular court hours and may be released to the custody of the minor’s parents, guardian or other person having care or custody of the minor as soon as the citation has been served upon the minor except in the following cases.

(1) Where it appears that the welfare of the minor or others may be endangered by the minor’s release.

(2) Where the Crook County Juvenile Court otherwise orders.

(’91 Code, § 4-5) (Ord. 916, passed 7-28-87; Am. Ord. 940, passed 8-22-89) Penalty, see § 130.99

OFFENSES AGAINST PUBLIC ADMINISTRATION AND AUTHORITY

130.70 POLICE AND FIRE COMMUNICATIONS.

No person shall operate any generator or electromagnetic wave or cause a disturbance of a magnitude that interferes with the proper functioning of a police or fire department radio communication system. Interference caused by equipment operated in compliance with Federal Communications Commission regulations does not violate this section.

(’91 Code, § 4-6.26) (Ord. 965, passed 4-9-91) Penalty, see § 130.99

130.71 DELIVERIES TO PRISONERS.

No person shall deliver, by any means, intoxicating liquor, dangerous drugs or narcotic drugs, as defined by state law, to a person confined in the city detention facility or attempt to convey or deliver any article to a prisoner without the consent of the officer in charge.

(’91 Code, § 4-6.27) (Ord. 965, passed 4-9-91) Penalty, see § 130.99

130.72 FIRE CONTROL.

(A) No person shall intentionally give any false alarm of fire or aid or abet in the commission of such an act.

(B) No person at a fire shall refuse to obey promptly any order of any member of the Fire Department or resist, obstruct or hinder any member of the Fire Department.

(C) No person, unless authorized by the Fire Chief, shall unfasten, open or draw water from, or otherwise interfere with any fire hydrant.

(’91 Code, § 4-6.28) (Ord. 965, passed 4-9-91) Penalty, see § 130.99

130.99 PENALTY.

(A) 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.

(B) Violation of a provision of this chapter is punishable by a fine not to exceed $1000. However, if a violation of a provision is identical to a state statute with a lesser penalty, punishment shall be limited to the lesser penalty prescribed in state law.

(’91 Code, §§ 4-6.54 and 4-6.55) (Ord. 965, passed 4-9-91)