Chapter 9.05
CRIMINAL CODE
Sections:
9.05.020 Application of the Oregon Criminal Code.
9.05.040 Oregon Criminal Code sections adopted.
9.05.050 Interference with a police officer.
9.05.010 Title.
This chapter shall be referred to as the 1981 criminal code for the city of Sisters. [Ord. 144 § 1, 1981. Code 2002 § 9.01.010].
9.05.020 Application of the Oregon Criminal Code.
Provisions of the Oregon Criminal Code of 1971, as they now exist, relating to defenses, burden of proof, general principles of criminal liability, parties, general principles of justification, classification of offenses and penalties shall apply to offenses defined and made punishable by this chapter. [Ord. 232A § 1, 1993; Ord. 232 § 1, 1990; Ord. 206 § 1, 1987; Ord. 180 § 1, 1985; Ord. 144 § 2, 1981. Code 2002 § 9.01.020].
9.05.030 Definitions.
Except where the context clearly indicates a different meaning, the general definitions and the definitions appearing in the definitional and other sections of particular chapters of the Oregon Criminal Code, as they now exist, shall be applicable throughout this chapter. [Ord. 232A § 1, 1993; Ord. 232 § 1, 1990; Ord. 206 § 1, 1987; Ord. 180 § 1, 1985; Ord. 144 § 3, 1981. Code 2002 § 9.01.030].
9.05.040 Oregon Criminal Code sections adopted.
In addition to the criminal provisions set forth below, the following sections of the Oregon Criminal Code of 1971 are hereby adopted and incorporated in the Sisters criminal code by reference: 131, 132, 133, 135, 136, 137, 138, 142, 144, 146, 147, 151, 153, 156, 157, 161, 162, 163, 164, 165, 166, 167, 169, 419A, 419B, 419C, 471 and 475. [Ord. 269, 1995; Ord. 232A § 1, 1993; Ord. 232 § 1, 1990; Ord. 206 § 1, 1987; Ord. 180 § 1, 1985; Ord. 144 § 3, 1981. Code 2002 § 9.01.040].
9.05.050 Interference with a police officer.
(1) Definitions. For the purpose of this section, the following definitions apply:
(a) “Arrest” means to place a person under actual or constructive restraint for the purpose of charging him or her with an offense.
(b) “Custody” means to place a person under actual or constructive restraint pursuant to a court order or other lawful purpose.
(c) “Emergency situation” means any situation in which the life or safety of any person is or may be threatened, including the life of the police officer.
(d) “Offense investigation” means an investigation by a police officer into the commission of an offense prohibited by federal, state or local law.
(e) “Police officer” means any sworn member of the Sisters police department, including a reserve police officer on active duty.
(f) “Stop” means a temporary restraint of a person’s liberty by a police officer lawfully present in any place:
(i) When such officer reasonably suspects that such person is committing, or has committed, an offense; or
(ii) When such officer reasonably believes that such person is in need of attention pursuant to ORS 426.215 or 426.460; or
(iii) When such officer reasonably believes that such person is the subject of service of a valid court order.
(g) “To leave the area of an arrest, custody, stop, offense investigation or emergency” means to physically move to a location not less than 20 feet away extending in a radius from where a police officer is engaged in effecting an arrest, taking a person into custody, stopping a person, investigating an offense or responding to or attempting to resolve an emergency situation; the radius may be extended beyond 20 feet when a police officer reasonably believes that such extension is necessary because there exists a risk of physical injury to any person.
(2) It is unlawful for any person who is interfering or attempting to interfere with a police officer to intentionally or knowingly refuse to leave the area of an arrest, custody, stop, citation, offense investigation or emergency, or, having left that area, to reenter it, after being directed to leave that area by a police officer.
(3) A violation of this section is a Class “A” misdemeanor. [Ord. 267 §§ 1 – 3, 1994; Ord. 232A § 1, 1993; Ord. 232 § 1, 1990; Ord. 206 § 1, 1987; Ord. 180 § 1, 1985; Ord. 144 § 4, 1981. Code 2002 § 9.01.050].