Ordinance No. 66-34 CITY OF TIGARD, OREGON
ORDINANCE No. 66- 34
AN ORDINANCE PROVIDING A POLICE CODE FOR THE CITY OF TIGARD;
DEFINING TERMS; PROHIBITING CERTAIN ACTS OR OMISSIONS AND MAKING
SAME UNLAWFUL; PROVIDING FOR MAINTENANCE AND HANDLING OF PRISONERS;
PROVIDING PENALTIES AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
AR^iICLE I - DEFINITIONS
Section 1: SHORT TITLE
This Ordinance shall be known as the "Police Code of the
City of Tigard", and may be so cited and pleaded.
Section 2: OFFENSES
The doing of any act or thing prohibited, or the failure to
do an act or thing commanded to be done, by this Code within the
corporate limits of the City of Tigard, is hereby declared to be an
offense against the public peace, safety, health, morals and general
welfare of the people of the City of Tigard.
Section 3: TERMS
(1) As used in this Ordinance, except where the context
indicates otherwise, the following shall mean:
a) City - The City of Tigard
b) Council - The City Council of the City
c) Minor - Any person under the age of 21 years,
except as otherwise provided.
d) Person - Every natural person, firm, partnership,
association or corporation.
e) Public place - Any building, place of accommodation,
street, alley, highway, grounds, park, recreation area,
and all other places, whether publicly or privately owned,
open and available to the general public. If privately
owned, only during the hours when the public place is
open to the general public, shall such place be within
this definition.
f) Dangerous or deadly weapon - Any firearm, dirk,
( dagger, knife, brass knuckles, sap, sling shot, or any
similar instrument capable of injuring persons or property.
g) Firearms - Any pistol, revolver, gun, rifle, cannon,
artillery piece or other ordnance, including any miniature
ORDINANCE No.66 34 Page 1 - Art. I Definitions
POLICE CODE
weapon, which acts by force of gunpowder or other explosive,
including any instrument or device designed to propel any
Cmissile by the use of jet or rocket propulsion.h) Peace officer - Any sheriff of a county, constable
of a precinct, marshal, or an officer of the Police Depart-
ment, or an officer of the Fire Department.
i) Air Gun - Any small gun or rifle capable of dis-
charging a leaden or metallic bullet, or any pellet capable
of injuring persons or property, by means of a spring or
air pressure.
j) Parks - Land placed under the jurisdiction of
the Park Department, including privately owned land, the
use of which has been granted to the city .for park or
recreational purposes within the city limits, provided,
further, that such definition shall also include, and this
Code shall apply to, publicly or privately owned land
located without the limits of the City of Tigard which is
placed under the jurisdiction of the Park Department for
park or recreational purposes.
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(2) As used in this Ordinance, the singular includes the
plural, and the masculine includes the feminine.
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POLICE CODE Page 2 - Art I Definitions
ARTICLE II - SAVING CLAUSE; CONSTITUTIONALITY
If any clause, sentence, paragraph, section, article or
portion of this Code for any reason shall be adjudged invalid by a
court of competent ,jurisdiction, such ,judgment shall not affect,
impair or invalidate the remainder of this Code but shall be confined
in its operation to the clause, sentence, paragraph, section or por-
tion of this Code directly involved in the controversy in which
,judgment is rendered.
ARTICLE III - PENALTIES
Section 1: FINE AND IMPRISONMENT
Except as otherwise expressly provided in any section of this
Code, any person violating any provision of this rode shall upon
conviction thereof be punished by a fine of not exceeding $500., or
by imprisonment for a period not exceeding six (6) months, or by
both such fine and imprisonrent.
Section 2: WORKING MALE PRISONERS
Any male person sentenced to imprisonment for a violation of
any Code or Ordinance of the City of Tigard, or imprisoned for the
nonpayment of any fine imposed for the violation of any such Code
or Ordinance, shall be subject and liable to work upon the public
squares , parks, streets, or other property of the City, or of which
the City has charge or control, and the Chief of Police is authorized
and empowered to work such prisoners in, about, and in connection
with any of the aforesaid places. All prisoners while so laboring
and while detained at such place of labor, and at all times, shall
be in the custody and under the supervision and control of the Chief
of Police.
Section 3: WORKING FEMALE PRISONERS
Any female prisoner sentenced to imprisonment for a violation
of any Code or Ordinance of the City of Tigard, or committed to
prison for the nonpayment of any fine imposed for the violation of
such Code or Ordinance, shall be subject and liable to work and labor
at sewing, or any other suitable employment, and the women's protect-
ive division is authorized and empowered to work such prisoners at
sewing, or any other suitable employment for said prisoners.
Section 4: CREDITS FOR GOOD BEHAVIOR
All persons in custody of the Chief of Police for the purpose
of serving jail sentences imposed by the Municipal Court or who are
in hic custody for non-payment of fines imposed by such court for
violation of City Codes or Ordinances and also all persons in custody
of the Chief of Police by virtue of a judgment of the Cirtuit
Court
of the State of Oregon for Washington County In cases appealed from
the Municipal Court to said Circuit Court, shall be entitled to
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Page 1 Art. III - Penalties
credits for good behavior and for special work performed under the
direction of the Chief of Police and for the City as follows:
C (a) Prisoners confined in jail and who are assigned no special
duties or who refuse to do special work upon request
shall be entitled to credits for good behavior as follows:
1. Where the ,judgment imposes a jail sentence: One day
for each 10 days of such sentence shall be credited
to the prisoner.
2. Where the judgment imposes a fine: $5. for each $50,
of such sentence shall be credited to the prisoner.
The aforesaid credits shall be allowed as a matter of
course except in cases where in the judgment of the Chef
of Police the prisoner's conduct has been such as not to
entitle him to said credits, and in such case a notation
shall be made on the defendant's record to that effect.
(b) Prisoners who perform special work for the City shall be
entitled to credits as follows:
1. Where the judgment imposes a jail sentence: The
prisoner shall be allowed a credit of one (1) day
for each day's work so performed.
2. Where the judgment imposes a fine: The prisoner shall
be allowed a credit of $5. for each day's work per-
formed, in addition to the $5. allowed by law.
;.
Where a Prisoner performs work in cleaning and washing
the oerson and clothing of
E and unsanitary prix-
oners, he shall be allowed one-half al's credit for
each prisoner cleaned us, in _addition to other credits
allowed by law.
4. Where it becomes necessary to request a prisoner to work
additional hoursafter a p_risonehhias already performed
a da 's work, he shall be allowed ii—credit of one-hall—
in addition to other credit allowed b1 law.—
5. Where it becomes necessary to have orisoners perform
their work in the night time, there shal be allowed a
credit of one-half day in addition to other credit
allowed by law.
6. The American Red Cross from time to time has requested
donations of blood from prisoners. There shall be ai-
lowed five days' credit for each donation of bblood,in
addition other credit allowed byr law.
In the event a prisoner escapes or attempts to escape fror.: custody or
violates any law while in custody, no credits whatsoever shall be
allowed such prisoner.
All prisoners assigned to special work shall be confined in the City
Jail designated by City Ordinance, except during the time actually
engaged in such work.
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No credits other than those set forth herein shall be
allowed prisoners.
Notwithstanding the foregoing, prisoners serving sentences
In the County Jail of Washington County, Oregon, shall be entitled
to the credits for good behavior provided by the general statutes
of Oregon applicable to state or county prisoners.
Any person violating any of the rules or regulations of the
City Jail shall not be entitled to any credits. The Chief of Police
shall, however, have power to restore credits for such reasons as
may to him seem proper. It shall be the duty of the Chief of Police
to report to the Mayor of the City of Tigard at the end of each
month the number of prisoners confined in the City Jail, together
with a statement of the allowance of credits as provided for in this
Code. The Chief of Police shall have authority to release any person
confined to the City Jail upon the expiration of his term of sentence
as provided herein.
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ARTICLE IV - OFFENSES AGAINST PERSONS - GENERALLY
_Section 1: _ASSAULT AND BATTERY
No person shall with or without a weapon, attack, assault
or commit a battery upon any other person.
Section 2: DRAWING DANGEROUS WEAPON
It shall be unlawful for any person, except a peace officer,
to draw any dangerous or deadly weapon upon the person of another.
Section 3: DEFAMATION
Pursuant to Section 221.330 Oregon Revised Statutes, the
following sections of Oregon Revised Statutes are hereby adopted
to the same legal force and effect as though set forth herein in full:
n Section 163.410 - Libel and Slander; penalty
_ for broadcastin7, or publishing
defamatory material.
Section 1.63.420 - Truth as a defense in libel actions;
presumption of malice.
_Section 4: TAKING OF PERSONAL PROPERTY FROM PERSON OR CUSTODY
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OF ANOTHER PROHIBITED
It shall be unlawful for any person, other than a Police
Officer, acting officially, a licensed physician, the coroner or his
deputies, employes or authurized personnel at the receiving ward or
office of a hospital, jail or other institution for treatment or
detention, or a mortuary, to remove or takevny money or other valu-
ables or personal effects from the person or personal custody of
another, living or dead, whether or not such removal or taking is
made to obtain payment for alleged services performed or to be per-
formed, hire
er-formed,' hire of ambulance or other conveyance or otherwise. Such
property taken from the person or custody of any person who is injured
orillor from the body of any deceased person shall be marked and
t deposited in a suitable place for safe keeping and a duplicate record
of such deposit shall be delivered to the person from whom it has
been taken or, in case of death, to his next of kin, legal represent-
ative or the county coroner.
Section 5: MASHING
It shall be unlawful, insolently or without cause, to accost
a female to commit the act commonly known as mashing.
Section 6: USE OF SIDEWALKS
1„ No person or group of persons upon any sidewalk shall
,s so gather or stand as to prevent, impede or obstruct
the free passage of pedestrian traffic,
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2, No person or persons shall fail or refuse to disperse when
lawfully ordered to do so by any police officer.
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POLICE CODE Page l Arta IV Offenses_Against Persons
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3, No person shall permit any cellar door or grate
located in or upon a sidewalk to remain open except
when such entrance is being used, and when being used,
such entrance shall be opened only with proper safe-
guards to protect pedestrians using such sidewalk,
4. No person shall lead, ride or allow any goat, horse,
cow, sheep, swine or similar animal upon any sidewalk
within the City; nor shall any person tie or fasten
such animal in such manner as to permit it to go upon
any sidewalk.
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ARTICLE V - OFFENSES AFFECTING 14INORS
Section 1: CAUSING DELINQUENCY OR DEPENDENCY
1. The definitions of "delinquent child" and "dependent
child" as set forth in QRS 419.502 and 419.102 respectively
are hereby adopted by reference and made a part of this
Ordinance.
2. No person shall encourage, cause or contribute to the
delinquency of any child, or shall command or by threat
or persuasion induce any child to perform any act or
follow any course of conduct which would cause such child
to become or tend to become a delinquent child.
3. No person shall by any wilful act or by failure to per-
form any duty; cause or tend to cause any child to become
a dependent child.
Section 2: CONFINING CHILDREN IN VEHICLES
1. It shall be unlawful for any person who has under his con-
trol or guidance any minor child under eight years of age
to at any time lock or confine, or permit to be looked or
confined, or leave unattended, such child in any automobile,
stage, coach, bus or other vehicle or place upon the streets,
alleys or ways of or within the City of Tigard, for a period
of time longer than 30 minutes.
2. It shall be lawful and the duty of any police officer or
other peace officer, finding a child or children confined
in violation of the terms of this Ordinance, to enter such
automobile, stage, coach, bus or other vehicle and remove
such child, such officer having the right, if necessary,
to break the doors or windows of such vehicle in order to
save the life of such child or to save such child from
great mental or physical suffering.
Section 3 MINORS IN POOL HALLS
No person as owner, lessee, keeper or employe of any billiard
hall pool hall, or cardroom, shall permit any minor under the age
of 16 years to loiter or remain or engage in any game of billiards,
pool or cards in any billiard hall, pool hall or cardroom, or to
employ ui permit to be employed therein any minor under the age of
18 years; provided nothing in this section shall be construed to
forbid minors under the conditions hereinafter specified from pass--
ing to and from a billiard hall, pool hall or cardrnom when necessary
-so to do in entering or leaving a regularly established bowling alley.
Section 4: MINORS SELLING OR SERVING SPIRITOUS, VINOUS OR MALT
'LIQUORS --it shall be unlawful for any person to permit or employ any
person under 21 years of age to sell or to serve spiritous, vinous
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or malt liquors in any place where such liquors are to be drunk on
the premises, and it shall be unlawful for any person under 21 years
of age to sell or serve spiritous, vinous or malt liquors in any
place wheresuch 1Aquors are to be drunk on the premises.
Section 5: ABANDONED, UNATTENDED OR DISCARDED ICE BOXES
It shall be unlawful for any person to place, leave, or
maintain in a place accessible to children, any abandoned, unat-
tended, or discarded ice box, refrigerator or other container of
any kind which has an airtight door with snap-lock or other lock or
mechanism which may not be released for opening from the inside of
said ice box, refrigerator or container without first removing from
the said ice box, refrigerator or container the said snap-lock, or
other lock, or mechanism, or removing the said airtight door.
Section 6: SALE OF TOBACCO TO 'MINORS
Any person who sells, barters, trades, gives or in any manner
furnishes to any minor under the age of 18 years, for his own con-
sumption, any tobacco, cigars or cigarettes in any form, or any
compound in which tobacco forms a component part, shall be fined
upon conviction not less than $5• nor more than $50.
Section 7: USE OF TOBACCO BY iAINOR IN PTJBLIC PLACE
Any minor under the age of 18 years who smokes, uses, or is
in possession of any cigar, cigarette, or tobacco in any form in any
public highway, street, or place; or any proprietor, clerk, assist-
ant- or employe of any place of business who permits any minor under
18 years of age to frequent such place of business while such minor
is using or smoking any cigar, cigarette or tobacco in any form,
shall be punished upon conviction by a fine of not more than $5• for
each offense, or by imprisonment for not more than. two (2) days for
each offense.
Section 8: MINOR MISREPRESENTING AGE IN ORDER TO GAMBLE
Any minor who represents and pretends to the owner, lessee,
proprietor or employe of any place enumerated in ORS 167.295, that
he is 21 years of age or older, for the purpose of inducing such
person to permit him to engage in any of the games - umerated in
ORS 167.295, shall be punished upon conviction by a fine of not less
than $10. nor more than $100.
Section 9: FALSELY REPRESENTING AGE
Any person under the age of 21 years who represents falsely
that he is of any age other than his true age for the purpose of
securing any right, benefit or privilege which by law is denied to
persons under the age of 21 years, shall be punished upon conviction
by a fine of not more than $50. or by imprisonment in the City Jail
for not more than 30 days, or boxh.
.. Section 10: THIRD PERSON FALSELY REPRESENTING AGE OF MINOR
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Any person who represents falsely a person under the age of
21 years to be of the age of 21 years or over for the purpose of
securing or assisting such person in the securing of any right,
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POLICE CODE - Page 2 - Art. V - Offenses Affecting Minors
benefit or privilege which by law is denied to persons under that age,
shall be punished upon conviction by a fine not exceeding $50, or by
imprisonment in the City Jail for not more than 30 days, or both,
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POLICE CODE Page 3 Art V Offenses Affecting Minors
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ARTICLE VI - OFFENSES AGAINST PUBLIC PEACE AND SAFETY
Section 1: DISORDERLY CONDUCT
(1) No person shall disturb the peace by:
a) Being intoxicated in a public place
b) Participating or abetting in any rude, indecent,
riotous, drunken or violent conduct
c) Using any vulgar, obscene or abusive language
in any public place.
d) Committing any obscene, indecent or immora_ act
in any public place
e) Inciting any other person to commit any breach
of the beace.
(2) No person shall knowingly permit any disorderly conduct
on any premises owned or controlled by him.
Section 2: DISTURBANCE OF LAWFUL ASSEMBLIES
(1) Any person who wilfully disturbs, interrupts of disquiets
any assembly or congregation of people met for religious worship in
a house or the open air, by uttering any profane discourse, commit-
ting any rude or indecent act, or making any unnecessary noise
within the place where the meeting is held or so near the meeting
as to disturb its order and solemnity, or by exposing for sale or
gift any intoxicating liquors or drinks within two miles of the
place where any such assembly or congregation is actually convened
for religious worship, and in a place not duly licensed therefor,
and in which such person has not usually resided and carried on such
business, shall be punished upon conviction by imprisolment in the
City Jail for not less than one month nor more than six months, or
by a fine of not less than $10. nor more than $200.
(2) Any person who wilfully disturbs or breaks up any public
meeting or assembly of people other than those mentioned in Pana-
graph l) of this section, lawfully met together for a lawful purpose,
in a house or the open air, shall be punished upon conviction by
imprisonment in the City Jail for not less than one month nor more
than three months, or by a fine of not less than $10, nor more than
$100.
Section 3: INTOXICATION IN PUBLIC PLACE - DRINKING (generally)
(1) It shall be unlawful for any person lawfully possessed
of a retail beer license to serve wine or beer for immediate con-
sumption to a person or persons seated in automobiles.
(2) It shall be unlawful for any person to drink alcoholic
liquor containing more than 4 per cent of alcohol by weight in any
public auditorium or stadium, public park, public baseball stadium,
grandstand or bleachers, or upon an;, public street or highway.
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(3) It shall be unlawful for any person to drink or consume
any alcoholic liquor in or upon any street, alley, public grounds,
or other public place un less such place has been licensed for that
purpose by the Oregon Liquor Control Commission.
(4) Any person who enters or is found in a state of intoxi-
cation upon any railway engine , railway car, railway train, air-
craft, boat, landing wharf or depot of any common carrier, or on
any highway or street, or in any public place or building, or any
person who creates, while in a state of intoxication, any disturb-
ance of the public in any private business or place, shall be pun-
ished upon confiction by a fine of not less than $5. nor more than
$100., or by imprisonment in the City Jail for a period not exceeding
50 daysg or both.
Section 4: INTERFERENCE WITH POLICE
(1) No person shall hinder, delay, obstruct or resist
or refuse to assist any police officer or person
duly empowered with police authority who is acting
in the discharge of his duty.
(2) Noperson shall offer or endeavor to assist any
J person in the custody of a police officer or a person
duly empowered with police authority, to escape or
attempt to escape from such custody.
(3) No person shall use or permit the use of property
for planning or promoting criminal activities or
Y violation of City ordinances.
(4) No person shall operate any generator or electro-
magnetic wave or cause a disturbance of such
magnitude as to interfere with the proper function-
Ing of any police radio communication system of
the City.
Section 5: DISCHARGE OF WEAPONS
K� (1) No person other than an authorized peace officer shall
s fire or discharge within the City any gun or weapon which acts by
force of gunpowder or other explosive, or by the use of jet or
rocket propulsion.
(2) The provisions of this sectiorgshall not be construed
to prohibit the firing or discharging of any weapon:
a. By any person In the defense or protection
Uof his property, person or family.
b. At any place duly designated or commonly used
for target practice.
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Section 6; CONCEALED WEAPONS
(1) Any person who carries concealed about his person in
any manner, any revolver, pistol, or other firearm, any knife,
other than an ordinary pocketknife, or any dirk, dagger, slingshot,
metal knuckles, or any instrument by the use of which injury could
be inflicted upon the person or property of any other person, shall
be punished upon conviction by a fine of not less than $10. nor
more than $200., or by imprisonment in the City Jail not less than
five (5) days nor more than 100 days, or both.
(2) Nothing in Paragraph (1) of this section applies to any
sheriff, constable, police or other peace officer, whose duty it is
to serve process or make arrests, Justices of the peace have
concurrent ,jurisdiction to try any person charged with violating
any of the provisions of Paragraph (1) of this section.
Section 7: AIR GUNS
(1) It shall be unlawful for any minor in,, the City
of Tigard, to have in his possession, carry or
M = discharge any air gun.
(2) It shall be unlawful for any person to give, yell,
or otherwise dispose of, any air gun to any minor.
(3) It shall be unlawful for any parent or guardian of
any minor to permit such minor to have in his or
her possession, carry or discharge any air gun.
_ Section $: BEANSHOOTERS
It shall be unlawful for any person to use, cause to be
used or encourage the use of an beanshooter, slingshot or other
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similar contrivance, in or upon any street, park, .lane or alley,
or other public place.
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Section 9 WEAPONS SEIZED
(1) Seizure of Weapons. it shall be the duty of every Police
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Officer to seize and take possession of any dangerous or deadly
weapon being carried or used in an unlawful manner or for an unlawful
purpose by any person. The Police Officer taking possession of any
such dangerous or deadly weapon shall immediately turn the same over
to the Chief of Police, who shall hold it subject to disposal as
r, hereinafter provided.
(2) Disposition of Seized Wea cna. If any person from whom
Y f , provided in (1), shall
any dangerous or dead weapon is .,aces as
within ninety (90) days make satisfactory showing to the Judge of
the Municipal Court that said dangerous or deadly weapon was i being
sy, lawfully carried or used, said ,judge shall issue an order to the
Chief of Police to restore such dangerous or deadly weapon to said
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person, and thereupon it shall be the duty of the Chief of Police
to comply with said order. If the person from whom any such danger-
ous or deadly weapon is taken as provided herein shall fail to make
such satisfactory showing to the ,judge of the Municipal Court within
the time provided above, then such dangerous or deadly weapon shall
be and the same hereby is declared to be confiscated, and all such
confiscated weapons shall be kept and disposed of by the Chief of
Police in such manner as he may hereafter be directed by the City
Council of Tigard.
Section 10: DANGEROUS OR DEADLY WEAPON - POSSESSION BY MINORS
It shall be unlawful for any person to give, furnish, loan
or sell to any minor under 18 years of age any dangerous or deadly
weapon as defined in this Code; it shall be unlawful for any such
minor to have any such dangerous or deadly weapon in his or her
possession and it shall be unlawful for any parent or guardian of
any minor to permit such minor to have such a dangerous or deadly
weapon in his or her possession. ■�
Section 11: BURGLARS' TOOLS
it shall be unlawful for persont0 possess on to have
possessed burglars' tools, orimplementsof any kind commonly used
by burglars in breaking or entering houses, who does not have or
fails to disclose lawful purpose for possession of said tools.
Section 12: FALSE FIRE ALARM
It shall be unlawful for any person to give or cause to be
given an alarm of fire without having reasonable grounds for
giving such alarm.
Section 13: FALSE POLICE REPORTS
It shall be unlawful for any person to give or cause to be
given to the Police Department, or any officer thereof, a false
statement, report or call to the effect that a felony or misdemeanor
has been committed or is about to be committed, knowing, that such
felony or misdemeanor has in fact not been committed or is not about
to be committed.
Section 14: MASK OR DISGUISE
It shall be unlawful for any person, at any time to be upon
the streets of the City of Tigard, or in any public place, in a
mask or other disguise so arranged as to conceal the head, face or
features, or any part of the face or features; provided, however,
that this shall not apply to any costume or make-up used in a circus
parade or other parade using the streets or any public place under
authority of the Council.
Section 15: FALSELY ASSUMING TO BE AN OFFICER
It shall be unlawful for any person to assume to be, or to act
as a peace officer, or to wear the star of any such officer, or the
adopted uniform of the Police Officers of the City of Tigard, or any
star or uniform similar thereto, unjtec;8 such person is duly authorized.
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Section 16: CLIMBING ON OR TAMPERING WITH AUTOS
It shall befinlawful for any person, except a peace officer,
without the consent of the owner or person lawfully in charge of
+ any motor vehicle, to climb upon or into such motor vehicle, whether
same be at rest or in motion; or, while such motor vehicle is at
rest or unattended, attempt to manipulate any of the levers, the
starting crank or other device, brakes, or mechanism, or to set said
vehicle in motion, or to remove therefrom any article or thing
whats,:ever.
Section 17: ENTRY OF BUILDINGS BY CITY OFFICERS AND EMPLOYES
Any duly authorized officer or employe of the City of Tigard
may enter any building, other than a private dwelling, during
business hours for the purpose of inspection or of enforcing any
Ordinance, when such inspection or enforcement is in the line of
duty, and it shall be unlawful for any person to refuse admission
to any such officer or employ or to obstruct him in the performance
of his duty.
SeuLlon 18: INTERFERING WITH EIti1EHGENCY WORK
NO unauthorized person shall stop or remain in the vicinity
of any fire, explosion, accident, collision, cave-in, or other
emergency or disaster, or where such emergency or disaster is
threatened, or in the vicinity of any riot, affray or arrest, when
his presence may be unsafe to himself or others, or may interfere
with rescue, fire fighting or other officiate work, after being
notified by a peace officer or fireman to move to a place where
there will be no such interference or danger.
Section 19: ESCAPE OF PRISONERS FROM CUSTODY
(1) No person shall aid or attempt to aid in the escape of
a confined prisoner or make available or provide anything calcu-
lated to aid in such escape.
(2) No person shall knowingly aid an escaped prisoner by
offering shelter, clothing, food or any other thing or service
which would aid or abet the escape of such prisoner,
(3) No prson shall, while a prisoner in the City Jail, or
in any other; place where city priscners are kept or confined, escape
or attempt to escape from such custody or confinement.
Section 20: NOISES
It shall be unlawful for any person to create, assist in
creating, permit, continue, or permit the continuance of any un-
reasonably loud, disturbing, or unnecessary noise.
Section 21: PERMITTING VICIOUS ANIMALS TO BE AT LARGE
Any person who, being the owner or having the control of any
dangerous or vicious animal and knowing such animal to be dangerous
or vicious,wilfully or negligently permits the animal to be at large
in any neighborhood or on any public highway, shall be punished upon
conviction by a fine of not less than $10. nor more than $50.
ORDINANCE No.66- 34
POLICE CODE_- Page 5 - Art.VI - Offenses Against Public. Peace
and Safety
Section 22• PEDDLING ("GREEN RIVER ORDINANCE")
The practice of persons of going in and upon private prop-
erty or calling at residences in the City of Tigard, Oregon, by
solicitors, peddlers, hawkers, itinerant merchants, transient
vendors of merchandise, and transient photograph solicitors, not
having been requested or invited so to do by the owner or owners,
occupant or occvnants of said private residences, for the purpose
of soliciting orders for the sale 6f goods, wares and merchandise
and/or for the purpose of disposing of and/or peddling or hawking
the same, or soliciting orders for photographs, is hereby prohibited.
(See Phillips v. City of Bend 192 Or. M)
Section 23: STREET OR SIDEWALK BOOTHS AND STANDS
a) It shall be unlawful for any person to place or cause
J to be placed any booth, stand, platform, table or device of similar
construction upon any street, sidewalk, alley, or public way or
place, in the City of Tigard, except as hereinafter provided.
b) When any person desires to place any such booth, stand,
platform, table or device of similar construction upon any street,
sidewalk, alley o2` publio way or place, in the City of Tigard, for
} the purpose of aiding or furthering a natter of generally recog-
nized community interest, such person shall apply to the City
Recorder for authority so to place such booth, stand, platform,
table or device of similar construction. Such person shall have
the right to appeal to the Council from the ruling of the City
Recorder.
s
Section 24: OBSTRUCTING PASSAGE
It shall be unlawful for any person to stand upon any street
or sidewalk so as to obstruct the same, or to hinder, interfere
with, obstruct or inconvenience the passage of any vehicle or
pedestrian, or any traffic, thereon.
Section 25: OBSTRUCTIONS. (generally)
fl) Except as otherwise by ordinance provided, it shall be
unlawful for any person to obstruct any street, sidewalk, cross-
walk, bridge or bridge approach, or any part thereof, or to place or
cause to be placed, or permit to remain therein or thereon, anything
whatsoever tending to obstruct or interfere with the full and free
use of such street, sidewalk, crosswalk, bridge o • bridge approach
or other public way, or in any degree interfere with the normal
flow of pedestrian and/or vehicular traffic; or to erect, place or
maintain any building, wall, structure, or anything whatsoever in
or upon any street, or upon any street or sidewalk area.
(2) The provisions hereof shall not apply to merchandise in
course of receipt or delivery, provided that no such merchandise
shall be permitted to remain upon any street, sidewalk, or other
public way for a period longer than two (2) hours, nor to fuel wood
s
ORDINANCE No.66- 34
POLICE CODE - Page 6 = Art. VI - Offenses Against Public Peace and
Safety
sA�`
Paled in front of the premises of the owner of such wood, in such
manner as to least obstruct traffic; provided, that each individual
load or cord of fuel wood so deposited shall, if within the fire
limits, be completely removed from the street and sidewalk area
>' within fifteen (15) hours after delivery; further provided, that
fuel wood so deposited without the fire limits, if piled in front
of the premises of the owne5a of said wood, in such fashion as to
least obstruct traffic, may remain on the roadway for a period of
not to exceed 60 days from and after delivery thereof; and further
provided, that at no time shall fuel wood be piled, deposited, or
permitted to be or remain on any bridge approach, nor in front of
any block at a distance less than 25 feet from the extension of the
intersecting property lines at the nearest street corner.
(3) During the period from one hour after sunset to one hour
before sunrise every obstruction of whatsoever kind or nature, in
or upon any street, or other public way between curb lines, shall
have displayed on the edge or side of such obstruction nearest the
center of the street a warning ligijL ur lights plainly visible at
a distance of 200 feet in either direction parallel with the center
line of such street.
(4) Lxcept as otherwise by ordinance ;,rovided, it shall be
unlawful for any person to obstruct any street, sidewalk., or other
public way or place by having or keeping thereon or therein any
goods, wares or merchandise forthepurpose of selling, storing,
or displaying the same; or for any person engaged or e:nployed in the
business of handling, selling, or dealing in any goods, wares, or
merchandise from or in any premises fronting upon any street, ..ide-
walk,' or other public way in the City of Tigard, to be or remain
upon any street, sidewalk, or other public way, while making or
attempting to make a, sale of goods, wares or merchandise.
Section 26: BLASTING IN CITY
It shall be unlawful without first having received a permit
from the Oity Engineer, to explode, or cause to be exploded, any
gunpowder,,dynamite, giant powder, gun cotton, or other explosive
for the purpose of blasting out rock, gravel, earth or other sub-
stance within the corporate limits of the City of Tigard.
Section 27: INSURANCE REQUIRED (for blasting)
The City Engineer, before issuing a permit for blasting,
shall require the person to whom the permit is to be issued, to
sbecify the location where the blasting in to be done, and shall
further require insurance for such amounts as :re may deem necessary
to protect the city,an —any person or property in said city from
all damage or loss that might result from such blasting, and to
protect the cit� its officers, agents and employes from all claims
for such oi oss. —
Evidence of such insurance, in form satisfactory to the City
ORDINANCE No.66_ 34
POLICE CODE Page 7 - Art. VI Offenses Against ,Public Peace and
Safety
L k.
Attorney, shall be filed with the City Engineer, and shall not be
less than $50,000. for injury to one person, $100y000. for injuries
_ arising froone accident and 50,000, for damage to property.
m
' The City Engineer shall also have power and authority to
limit the force of explosions to be made. If he deems it in the
interest of the city or a proper protection of life and property,
he may refuse to issue such permit.
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ORDINANCE No 66- 34
POLICE CODE - rage 8 - Art.-VI - Offenses Against Public Peace and
Safety
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ARTICLE VII - OFFENSES AGAINST PUBLIC MORALS AND DECENCY
t' Section 1: BUYING RECEIVING OR CONCEALING STOLEN PROPERTY
1 No person shall buy, receive or conceal or attempt to buy
property that is known or should be known to such person to have
been stolen.
Section 2: IMMORAL PRACTICES
(1) No person shall:
a. Draw, write or otherwise deface the interior or
exterior walls, doors or windows of any building used by
the public, with any obscene or immoral writing, printed
matter, paper, picture, drawing or photograph.
b. Permit any obscene or lewd or immoral writing,
printed matter, paper, picture or photograph to remain
on any interior or exterior walls of any building used by
the public which is under his contro'_ or supervision.
c. Permit any show, play, exhibition, entertainment
or motion picture which is of an indecent, lewd or immoral
character in or at any place under his control or supervision.
d. Produce or take part, in or witness any show, play,
exhibition, entertainaent or motion picture which is of
an indecent, lewd or immoral character.
e. Bathe or swim in any lake, river, stream, pond,
slough or creek or in any public natatorium or swimming
pool where such facilities are simultaneously used by
both sexes, without wearing suitable bathing attire.
"Suitable bathing attire" shall mean that attire which is
generally used, recognized and accepted by the public and
which is not offensive to public morals and which does
not expose the bather or swimmer indecently.
(2) No man and woman not married to each other shall cohabit
together in a lewd or lascivious manner.
(3) No male person shall make improper advances or indecent
W remarks or impertinently seek to attract the attention of any f,--male
t_ person upon the streets or in public places.
( ) No female person shall frequent, loiter, or be employed
in any tavern, cabaret or night club for the purpose of soliciting
.f a male person to purchase drinks. No proprietor of any such estab-
lishment shall allow the presence in such establishment of any person
who violates the provisions of this subsection. Provided, however,
F that this aection shall not apply to female persons regularly
employed as barmaids and waitresses.
ORDINANCE No. 66- 34
POLICE CODE - Pagel - Art.VI1 - Public Morals and Decency
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Section 3: PEEPIW OR PEERING - INVADING PRIVACY OF ANOTHER
Any person, other than a police officer engaged in the lawful
pursuit of his official duties, who knowingly trespasses upon the
premises of another and while so trespassing peeps or peers through
any door, window, transom or other aperture of any dwelling or other
structure upon such premises, with intent to invade the privacy of i
any lawful occupant thereof, shall be guilty of a misdemeanor.
Section 4: DISORDERLY HOUSES
Any person who keeps or sets up, or permits to be kept or
set up, a house of ill-fame, brothel or bawdyhouse, for the purpose
of prostitation, fornication or lewdness, in any house, room, shop,
boat, ship, booth, or other place, building or vessel, of which he
is the owner, lessor, lessee, or to the possession of which he is
entitled, shall be punished upon conviction by a fine of not less
than $100, nor more than $500.3 or by imprisonment in the City Jail
for not less than 30 days nor more than one (1) year.
Section 5: PROSTITUTION
(1) No woman shall, with or without remuneration, engage
in the practice of prostitution.
(2) No woman shall in any manner solicit any person for
the purpose of prostitution.
(3) No person shall knowingly transport, or offer to trans-
port, any other person to any place or building for the purpose of
prostitution.
(4) No�erson shall bring together, offer to bring together
or aid in bringing together in any manner two or more persons for
the purpose of prostitution.
(5) No person shall solicit, request, entire or attempt to
entice any female verso;-, become a prostitute or to anter a
place of prostitution.
(6) In all prosecutions under this section, common fame or
reputation shall be competent evidence.
Section 6: INDECENT EXPOSURE
Any person who wilfully and lewdly exposes his person or the
private parts thereof in any public place, or in any place where
there are present other persons to be offended or annoyed thereby,
or takes any part in any'model artist exhibiti=, or makes any other
exhibition of himself to public view, ,or to the view of any number
of persons, which is offensive to decency, or is adapted to excite
vicious or lewd thoughts or acts, shah be punished upon conviction
by imprisonment in the City Jail for not less than three (3) months
nor more than one (1) year, or by a fine of not less than $50. nor
more than $500.
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ORDINANCE No.66- 34
POLICE CODE = Page 2 - Art. VII - Public Morals and Decency
W .
Section 7: DISSEMINATING OBSCENE MATERIAL
(1) No person shall knowingly disseminate obscene matter.
A person disseminates obscene matter if he exhibits, sells, delivers
or provides, or offers or agrees to exhibit, sell, deliver or pro-
®' vide, or has in his possession with intent to exhibit, sell, deliver
or provide .nj obscene writing, picture, motion picture, device,
record, material or other representation or embodiment of the obscene.
(2) As used in Paragraph (lits predominantsection,his matter
theme appeals
obscene if, considered as a whole, offensive and goes sub-
to prurient interest and if it is patently
stantially beyond the customary limits of candor in describing or
representing such matter with reference to ordinary persons.
(3) In any prosecution for an offense under this section)
evidence shall
be admissible athemeeofnthe omatter aappeals to r
whether or not the predominant- terarV scientific or educa-
prurient interest, to show artistic, 1i��•'-u�
tional merit of the rnatter.
(4) In any prosecution for a violation of this section, it
of the
shall b( relevant on the issue of knowledge to grove the advertis-
ing, publicit;,r, pranytstaEamentmethod
on thehal
covergorrbackeoflany book:
matter, including
or magazine.
(5) Violation of Paragraph (1) Of this section ispble
by imprisonment in the City Jail focnbothore than six ( ) months
or a fine of not more than $1, 00
r
Section 8: GAMBLING
(1) No person shall participate in, operate or �•tery.sist in
r Same or activity, including a ;�ctery.
operating any gambling g
(2) The term "gambling" shall mean the use or possessio7
of any game, machine or device, whether played for money, check,
credit or other representative of value in which the element of
chance is controlling, and all machines and contests in which a
charge is made to participate and in which the winner is selected
primarily on the basis of chance.
(3) No person s:1a11 havehn his possession any property,
of
instrument or device designed or adapted for use in any type s
gambling activity. Any such property, �ariyrpoliceent coffiver. is a
a be summarily seized by �
nuisance and may
seized shall be placed in the custody of
so
Property f the person owning or con-
the Chief of Police. Upon conviction o
trolling such progertl,� for a violation cf this section, the Municipal
Judge shall order such property confiscated and destroyed.
C11
ORDINANCE No.66- 34
POLICE CODE - Page 3 - tart. VII Public Morals and Decency
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Section 9: LOTTERIES
Definition: A "lottery" is any scheme for the dispcf:al or
distribution of property, by chance, among persons who have paid,
,. or promised to pay, any valuable consideration for the chance of
obtaining such property, or a portion of it, or for any share or any
interest in such property, upon any agreement, understanding or ex-
pectation that it is to be distributed or disposed of by lot or
chance, whether called a lottery, raffle, or gift enterprise, or by
whatsoever name the same may bek-nown.
(1) It shall be unlawful for any person to set up or promote
any lottery, or to aid, or in any way be concerned in setting up,
managing, or drawing any lottery, and it shall be unlawful for any
person in any building or place owned or occupied by him, or under
his control, knowingly to permit or suffer the setting up, manage-
ment or drawing of any such lottery.
(2) It shall be unlawful for any person to sell, or offer
for sale, any lottery ticket, certificate, paper, or instrument
purporting or representing or understood to be, or to represent,
any ticket, chance, share or interest in, or depending upon any
event of any lottery. It shall be unlawful for any person to set
up or keep or assist in setting up or keeping any house, shop or
place for the purpose of selling any lottery ticket, certificate,
paper or instrument , purporting or representing, or understood to
be, or to represent, any ticket, chance, share or interest in, or
depending upon the event of any lottery.
It shall be unlawful for any person to frequent or go
into or visit any such house, shop or place, or to have possession
of any lottery ticket, certificate, paper or instrument purporting
or representing, or understood to be, or to represent, any ticket,
chance, share or interest in, or depending upon the event of any
lottery, or any tool, instrument , stamp or device used, or intended
to be used in, or contriving, setting up, preparing or drawing any
lottery, or preparing for sale or distribution of any lottery ticket
or tickets.
Section to:_SLOT MACHINES
(1) It shall be unlawful for any person to set up, keep or
have in possession or to manufacture , sell or distribute any nickel-
3n-tire-slot or other money slot machine or similar device adapted,
devised or designed for the purpose of playing any games of chance
for money or property. Itshallbe unlawful for any person to have
in possession any operating part capable of being assembled or used
in any such machine or device.
(2) It shall be unlawful for any person to request or solicit
another person to permit, authorize or a':.low the former to place,- x.
install or furnish to the latter person, or in or on any premises
under the control of the latter person, any nickel-in-the-slot or
other money slot machine or similar device, adapted, devised or de-
signed for the purpose of playing any game of chance foxmoney or
ORDINANCE No.66- 34
POLICE CODE - Page 4 Art.VII_- Public Morals and Decency
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property, or disposing of or distributing any money, merchandise,
article or thing by chance.
(3) All moneys which may be found by a police officer in
any nickel-in-the-slot machine, pinball machine,marble machine ,
digger machine or other devices used or adapted for use in playing
games of chance and/or gambling at or about the time of seizing such
machine or device, shall also be seized and held by the Police De-
pLrtment for evidence as long as needed for that purpose and then
condemned as contraband and paid into the City Treasury.
In the event that the person in possession of such
machine or device is arrested, the court at the time of trial shall
give a hearing and make a determination concerning the use of such
money and if found to have been used for the purpose of playing
games of chance and/or gambling, the Judgment made upon such hear-
ing may include a hearing on the condemnation and disposition of
the money as herein provided. If no such hearing be had with respect
to the money, or if no person was arrested in connection with the
seizure thereof, the Municipal Court shall have Jurisdiction to
condemn such money as hereinafter provided. The officer seizing any
such machine or device containing money shall apply to the City
Attorney for a complaint as in rem. If the evidence warrants a
belief on the part of the City Attorney chat a Judgment of condemna-
tion may be obtained, he shall issue such complaint, file the same
with the clerk of said court and issue a citation to the person in
possession of such money at the time of seizure, if known, and/or
to,all persons having or claiming ownership of or an interest in
such money. Such money shall be identified by a reference to the
machine or device in which found and the location where the machine
or device was at the time of seizure.
At least 5 days shall be given between the time of
service of such citation and the date set for hearing. Such citation
shall be served by the Police Department upon the person in posses-
sion of the money at the time of seizure; provided, that in cases
where no person was found in possession, or service cannot be had
upon such person, and the owner is not known, the service of such
citation shall be made by publication in the city official news-
paper for a period of not less than two (2) insertions per week
for two weeks. Citations issued hereunder shall, in addition to the
matters above stated, show the time and place of the seizure and the
time when the matter of condemnation will be brought on for hearing
before the court. Upon the hearing, if the court finds that such
moneys or any thereof were used in connection with any game of crnance
or gambling or for the purpose of playing a game o€ chance or gambling, o'
a judgment of condemnation shall be given and the moneys disposed
of as hereinabove stated.
ORDINANCE No.66- 34
POLICE CODE - Page 5 - Art.VII - Public Morals and Decency
Section 11: OCCULT ARTS
(1) No person shall for hire or profit engage in any prac-
tice of occult arts, either public or private, as that term is
described and defined. in subsection (2) of this section.
(2) The term "occult art" means the use or practice of
fortune-telling, astrology, phrenology, palmistry, clairvoyance,
mesmerism, spiritualism or any other practice or practices gener-
ally recognized to be unsound and unscientific whereby an attempt
or pretense is made.
a. To reveal or analyze past incidents )r events
b. To analyze or define the character or person-
ality of a person
C. To foretell or reveal the future
d. To locate by such means, lost or stolen property
P, To give advice or information concernin_g any
matter or event,.
(3) Nothing contained in this section shall be construed
to prohibit or prevent:
a. Any duly organized and recognized religious
organization which promulgates religious teachings or
beliefs involving spiritualism or similar media from
holding their regular meetings or serv9ces.
b. Any school, church, fraternal, charitable
or other benevolent organization from utilizing occult
arts for any bazaar or money-raising project, provided
that all money so received is devoted wholly and exclus-
ively to the organization sponsoring such affair. In
such case the money so received shall be considered as
a donation for benevolent and charitable purposes.
Section 12: VAGRANCY
(1) The following described persons are guilty of vagrancy
and shall be punished upon conviction by imprisonment in the City
Jail for a period not exceeding six (6) months, or by a fine of not
more than $100. , or both:
a. Every person without visible means of living,
who has the physical ability to work, and who does not
for the space of 10 days seek employment, nor labor when
employment is offered him.
b. Every beggar who solicits alms as a business.
C. Every idle or dissolute person, or associate
of known thieves, who wanders about the streets or high-
ways at
igh-ways' at late or unusual hours of the night, or who
O.'iDIPdANCE Na,66-
34
POLICE CODE Page ,6 - Arta VII - Public Morals and Decency
t 4 �
lodges in any barn, shed, shop, outhouse, vessel, car
or place other than such as is kept for lodging purposes ,
without the permission of the owner or party bntitled to
the possession thereof.
d. Every common prostitute.
e. Any person who is not enrolled as a student or-
who is not employed by the public or private school and
who, without a lawful purpose therefor, wilfully loiters
about any public or private school building or the public
premises adjacent thereto. t
f. Any person who conducts himself in a. violent, }
riotous or disorderly manner, or who uses abusive, E
obscene or profane language in a public place or upon any
public highway, or in a house or place whereby the peace
or quiet of the neighborhood or vicinity may be disturbed.
(2) Circuit, district and ,justice courts have concurrent
Jurisdiction over actions brought under this section.
Section 13: MISTREATMENT OF ANIMALS
(1) Any person who overdrive;, overloads, drives when ovc,^--
loaded, overworks , tortures, torments , deprives of necessary suste-
nance,cruelly beats, mutilates or cruelly kills, or causes or procures
such cruel treatment of any animal, or who, having the charge of or
custody of any animal as owner, or otherwise, inflicts cruelty upon
the animal, shall, upon conviction, be punished for every such
offense by imprisonment in the City Jail not exceeding sixty (60)
days, or by a fine not exceeding $100., or both
(2) Every owner or person having the charge of custody of
any animal, who cruelly drives or works the animal when unfit for
labor, or c ,uelly abandons the animal, or carries or causes the
animal to oe carried in or upon any vehicle or otherwise, in a cruel
inhuman manner, or knowingly or wilfully authorizes or permits the
animal to be subjected to torture, suffering, or cruelty of any kind,
shall be punished for each and every offense in the manner provided
in subseccioia (1) of this section.
(3) Every owner or person having the charge or custody of
any dog, cat, househol,d pet or horse, who deprives such dog, cat,
household pet or horse of necessary and adequate food, drink, air,
light, space, shelter and reasonable protection from the weather,
shah be punished for each and every offense in the manner provided
in subsection (1) of this section.
(U) The dehorning of cattle or the docking of horses or
sheep, or any other practice of good livestock husbandry, is not
a violation of this section.
(5) A certification by a licensed Oregon veterinarian that
the subject animal was examined immediately .following the time of
the charge and found to be in good condition shall be an absolute
defense to any charge made under subsection (3) of this section, or
ORDINANOE No.66-- 34
POLICE CODE - Page 7 - Art. VII - Public Morals and Decency
any charge that the animal was deprived of necessary sustenance
or cruelly driven or worked when unfit for labor.
(6) Any person who wilfully abandons or deserts a dog, cat
or other domestic animal shall be punished upon conviction by a
fine of not more than $500.
Section 14: DEFRAUDING OF INNKEEPERS
(1) No person shall, with intent to defraud, obtain any
food, lodging, or other accommodations at any hotel, apartment
house, boarding house, tourist camp, trailer camp or restaurant.
(2) No person shall, after having obtained food, lodging or
other accommodation at any hotel, apartment house, boarding house,
tourist camp, trailer camp or restaurant, surreptitiously remove
his baggage and clothing from such hotel, apartment house, boarding
house, tourist camp, trailer camp or restaurant, without first pay-
ing or tendering payment for such food, lodging or other accorrano-
dation.
Section 15: USE OF LODGINs ACCOMMODATIONS
(1) No person shall write or cause to be written, or know-
ingly permit to be written, in any register in any hotel, lodging
house, rooming house or other place where transients are accommo-
dated 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.
(2) No proprietor, manager or other person in charge of
a hotel, lodging house, rooming house or other place where tran-
sieants are accommodated shall:
a. Rentor assign rooms for joint and private
occupancy by persons of the opposite sex unless such
persons shall be registered as husband and wife, or
as parent and minor child.
b. Rent or assign rooms for joint and private
ac cunancy-by persons of the opposite sex if, notwith-
st anding'the lawful appearance of the re-gistration, he
hat; reasonable cause to believe such transients are
not husband and wife, or parent and minor child.
Section 16-ANNOYING ANYONE IN PARKS
-
It shall be unlawful for any person to solicit the acquaint-
ance of another in any park, or annoy or follow children, or dis-
tribute obscene literature, or in any other wa.y annoy another.
ORDINANCE No.66- 34
POLICE CODE - Page 8 - Art`. VII - Public Morals and. Decency
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ARTICLE VIII - OFFENSES AGAINST THE PUBLIC HEALTH
Section l: EXPECTORATION, etc.
No person shall expectorate upon any sidewalk or street,
or on or in any public building or public place, except in
receptacles provided for that purpose.
Section 2: STENCH BOMBS
(1) Any person who places , throws, uncorks, opens, breaks
or who maliciously attempts to place, throw, uncork, open or break
any stench bomb in any theatre, place of amusement, building, hall
or room in which a public gathering is being held, or in any place
of business, shall be punished upon conviction by a fine of not
less than $25. nor more than $1,000., or by imprisonment in the
City Jail for a period of not more than two (2) years, or both.
(2) For the purpose of subsection (1) of this section, a
stench bomb includes any bottle, glass, tube, capsule, light bulb,
hose or metal substance, or any other article or device containing
a chemical or substance of an offensive or noxious odor used or
intended to be used for the purpose of creating a riot or disturb-
ance in any theatre, place of amusement, building, hall or rcom in
which a public gathering is being held at the time, or in a place
of business, or for the purpose of intimidating the owner of such
gathering or business place.
(3) Subsection (1) of this section shall not apply to peace
officers in the performance of their duties.
Section 3: LITTER ON STREETS
(1) It shall be unlawful for any person to throw luta or
deposit upon any street, sidewalk or public place, any junk, ashes,
)) paper, leaves, dirt, rubbish, garbage, refuse, filth, litter or
waste material, except at such dumping places or .in such receptacles
as may be designated by the City, or throw into or upon any street,
sidewalk or public place any glass, crockery, nails
or other thing
whereby the feet of persono or animals mayInjured.
(2) Tt shall be unlawful for any person directly or in
directly responsible for broken glass of any kind being upon any
sidewalk or pavement, or upon any unimproved street or public place
s in the City of Tigard to fail, .refuse or neglect to remove such
broken glass immediately. Such failure, refusal o,: neglect shall
be deemed a violation of this Code.
34
ORDINANCE No.65
POLICE CODE - Page 1 Art VIII - Public Health
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Section 4: GARBAGE TRANSPORTATION
It shall be unlawful for any person to carry any garbage,
filth, or refuse along any sidewalk or transport any garbage, swill,
or refuse through any street, except in a covered wagon or in a
tightly covered box or apparatus, such wagon, box or apparatus to
be constructed and so covered, and such covering to be so closed or
fastened down over the entire contents of the load as to prevent
such contents from leaking, spilling, dropping or in any manner be-
ing deposited in the street-, or from being exposed to the open air,
during such transportation.
Section 5: PROTECTION AGAR:;27SPILLING :.
It shall be unlawful for any person to transport earth, sand,
gravel, sawdust, stone, rock, rails, timber or lumber upon any car
or vehicle without suitable protection so as to effectually prevent
the spilling or depositing or scattering of such materials upon any
street, or in the air.
ORDINANCE No.66 34
'POLICE CODE Page 2 - Art. VIII - Public Health
ARTICLE IX - OFFENSES AGAINST PROPERTY
Section 1: INJURY TO OR REMOVAL OF PRCPERTY
(1) No person shall wilfully or negligently cut, remove,
deface or in any manner injure or damage real or personal property
of the City, within or without the corporate limits.
(2) No person, other than a properly authorized employe of
the City, shall wilfully or negligently cut, destroy, remove or
injure any plant, flower, shrub, tree or bush growing or standing
upon any street or alley in the City , or upon any property cae
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or controlled by the City within or without the corporate limits;
provided, however, this section shall not be construed to prohibit
the owner of land abutting upon any street or alley from cutting,
trimming, injuring or removing any tree or trees growing or standing
upon the street or alley adjoining and irrumediately adjacent to his
property.
(3) No person shall deface, j.njure, tamper with or wilfully
br ,ak or destroy any property, real or personal, belonging to or
unuer the control of ai;other.
Section 2: DESTRUCTION OF OFFICIAL NOTICES AND SIGNS
No person shall wilfully deface or tear down any official
notice or bulletin, or any official sign or signal posted or placed
it conformity with law.
Section 3; TRESPASS
(1) No person shall wrongfully go or trespass upon, or
damage any rea! 7. or personal property belonging to the City of
Tigard, or any person wihin the City.
(2) Any person who maliciously or wantonly cuts down,
destroys or injures any bush; shrub, fruit or other tree not his
own, standing or -rowing for fruit, ornament or other useful purpose,
or wilfully breaks the glass in or defaces any building not his own,
or wilfully breaks down or destroys any fence or hedge belonging to
or inclosing land not his own, or wilfully throws down, opens and
leaves down, or opens any bars, gate, fence or hedge belonging to
or inelosing land not his own, or maliciously or wantonly severs
from the land of another any produce thereof, shall be punished upon
conviction by imprisonment in the City Jail, for not less than three
(3) months nor more than one (1) year, or by a fine of not less
than $10., nor more than $500,
ORDINANCE No.66- _ 34
POLICE CODE Page 1 Arta IX - Offenses AGainst Property
Section 4: DUMPING RUBBISH ON PRIVATE LAND OR PUBLIC WAY
Any person who throws, dumps, places, deposits or drains,
- or causes or permits to be drained upon the land of another, with-
out permission of the owner, or upon any public road, highway,
street, alley or any easement used by the public for public travel,
referred to later in this section as a public way, any cans, glass,
nails, tacks, broken dishes or crockery, carcass of any dead
animal, old clothing, old automobile tires, old automobile parts,
boards, metal, or any sort of rubbish, trash, debris, or refuse,
or any sewage or the drainage from any cesspool or septic tank, or
any substance which would mar the appearance, create a stench or
detract from the cleanliness or safety of such public way, or would
be likely to injure any animal, vehicle, or person traveling upon
such public way, shall be punished upon conviction by a fine not
to e;ceed $100. or by imprisonment in the City Jail not to exceed
30 days.
Section 5:
PETTY LARCENY:
It shall be unlawful for any person to steal or wilfully
take, carry, lead or drive away, the property of another with the
intent to deprive such other of such property permanently, or, to
knowingly and designedly, by any false or fraudulent, oral, written
or other representation or pretense defraud another of property
of the value of $75. or less, and for the purpose of this section
"property" shall mean:
a. Any goods or chattels
b. Any government note, bank note, promissory note,
bill of exchange, bond or other thing in action.
c. Any book of accounts or order or certificate
concerning money due or to become due or goods to be delivered.
d. Any deed or writing containing a conveyance of
land or any interest therein.
e. Any bill of sale or writing containing a con-
veyance of goods or chattels , or any interest- therein.
f. Any valuable contract in force.
g. Any .receipt , release or defeasance
h. Any writ, process , or public record.
i. Any railroad, railway, steamboat or steamship
passenger ticket or other evidence of the right of a
passenger to transportation.
ORDINANCE No.66- 3
POLICE CODE - Page 2 - Art. IX - Offenses Against Property
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Section 6: PUBLIC RECORDS
(1) No person shall without proper authority take or remove
any public record, document, book, paper or personal property of
any kind owned by the City.
(2) No person without proper authority shall mutilate or
destroy any public record, document, book, or paper on file or kept
.n record in any public office of the City.
(3) No person shall retain any public record, document, book
or paper after lawful demand has been made for the return thereof.
Section 7. POISONING DOGS
It shall be unlawful for any person, with intent to kill or
injure any d(,g or dogs, to put out or place, where it is likely to
be eaten by a deg or dogs, any meat or other dog food containing
poison, ground glass or other substance likely to kill or seriously
injure a dog.
Section 8: INJURY OF DOGS BY AUTOS
It shall be unlawful for the driver of any motor vehicle
involved in injury or death to a dog upon any street or highway in
the City of Tigard to fail to do any of the following:
a) Immediately stop such vehicle at the scene
of such accident, or as close thereto as possible.
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b) Remove the dog to the curb, or away from the
main traveled portion of the highway.
{ c) If the dog is injured, render such aid as shall
be reagcnabel under the circumstances.
d) Take reasonable steps to locate the owner of the
dog, and
e) If the dog's owner is found, leave his name and
address and registration number of the motor vehicle
i he is driving with such owner, or
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f) If the dog's owner-is not found, and the dog is
dead, Immediately notify the poundmaster or Police Depart—
ment, and give the information required in subsection (e)
and the location of the dog.
} ORDINANCE No.66 34
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POLICE CODE - Page 3 Art. IX Offenses Against Property
Section 9: POLITICAL AND RELIGIOUS ADDRESSES
It shall be unlawful for any person to make any political or
religious address, or solicit fares, or bei, or publicly solicit
subscriptions in any of the parks.
Section 10: SALES AND SERVICES IN PARKS
It shall be unlawful for any person to sell or offer for sale
any article or perform or offer to perform any service for hire in
any of the parks without a written permit for such concession
properly and regularly granted by the City Recorder.
Section 11: WHO FORBIDDEN IN PARKS
It shall be unlawful for solicitors, photographers, agents,
fakirs, peddlers, mendicants, strolling musicians, organ grinders,
exhorters and showmen to ply their several vocations within the
park limits.
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Section 12: PARKS DEBRIS-FREE
It shall be unlawful for any person to obstruct the free use
and enjoyment of any park, or place any straw, dirt, chips, paper,
shavings, shells, ashes, swill or garbage, or other rubbish, or
refuse or deb ris, in or upon any park, or to dist�ibjte any circu-
lars, cards or other written or printed matter in any park.
ORDINANCE No.66- 34
POLICE CODE - Page, 4 - Art-IX - Offenses AgainstProperty
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ARTICLE X - REPEALER
Section 1: Ordinance No.64-5 enacted b- tha City Council of
Tigard on April 27, 1964, and all sections and the
whole thereof, be, and the same is, hereby repealed.
Section 2: Sections 3, 6 and 17 of Ordinance No.62-17, and any
other ordinances, or parts of ordinances, insofar as
they may be in conflict with the provisions of this Ordinance; he,
and the same are, hereby expressly repealed.
ARTICLE XI - EMERGENCY CLAUSE
Inasmuch as it is necessary for the peace, health and
safety of the people of the City of Tigard that the provisions of
this Ordinance become effective with the least possible delay, an
emergency is hereby declared to exist, and this Ordinance shall J'
be in full force and effect from and after its passage by the
Council and approval by the mayor.
PASSED: By the Council, by unanimous vote of all members
present, after being read 3 times by title only
this 22ndO y of Ahatast-- , 1966.
Recorder - City of Tigard
APPROVED: By the Mayor, this rday of A�,p, , 1966.
M =-C' -y of Tigard
ORDINANCE No.66-34
POLICE CODE - Articles X and XI`
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P 0 L I C E C 0 D E
CITY OF TIGARD, OREGON
Y>>E IN D E X
Sec. Page
ARTICLE I - DEFINITIONS
ARTICLE II - SAVING CLAUSE; C014STITUTIONALITY
ARTICLE III - PENA'LTIES
ARTICLE IV - OFFENSES AGAINST PERSONS (generally)
Assault and Battery 1 1
Defamation 3 1
Drawing Dangerous Weapon 2 1
Mashine 5 1
Taking Personal Property from Another 4 1
Use of Sidewalks 6 1
ARTICLE V - OFFENSES AFFECTING MINORS
Abandoned Iceboxes 5 2
Causing Delinquency or Dependency 1 1
Confining Children in Vehicles 2 1
Liquor - Minors Selling 4 1
Misrepresenting Age By Minor 8 & 9 2
- By Third Person 10 2
Pool Halls 3 1
Tobacco Sale and Use 6 & 7 2
ARTICLE VI - OFFENSES AGAINST PUBLIC PEACE AND SAFETY
Air Guns
Beanshooters
Blasting in City 26 7
Insurance Required 27 7
Burglars' Tools 11 4
Climbing On or Tampering with Autos 16 5
Concealed Weapons 6 3
Dangerous Weapon --Possession by Minor 10 4
Discharge of Weapons 5 2
Disorderly Conduct 1 1
Disturbqnce of Lawful Assemblies 2 1
Entry of Buildings 17 5
Escape of Prisoners 19 5
False Fire Alarm - Police Reports 12 & 13 4
Falsely Assuming to be an Officer 15 4
"GREEN RIVER ORDINANCE" -- Peddling 22 6
Interference with Police 4 2
Interfering with Emergency Work 18 5
Intoxication in Public Place -- Drinking 3
Mask or Disguise 14
Noises 20 5
Obstructing Passage 24 6
Obstructions (generally) 25 6
Peddling ("Green River ordinance") 22 6
Street or Sidewalk Booths & Stands 23` 6
Vicious Animals at,Large 21 5
Weapons Seized g 3
(continued)
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POLICE CODE
I N D E X
(continued) Sec. Page
ARTICLE VII OFFENSES AGAINST PUBLIC MORALS AND DECENCY
Annoying Anyone in Parks 16 8
Buying, Receiving Stolen Property 1
Defrauding of Innkeepers 144 8
Disseminating Obscene Material 2
Disorderly Houses
GAmbling 8 3
Immoral Practices 2 1
Indecent Exposure 6 2
Lodging Accommodations - Use of 15 8
Lotteries 9 4
Mistreatment of Animals 13 7
Occult Arts 11 6
Peeping or Peering 3 2
Prostitution 5 2
Slot Machines 10 4
Vagrancy 12 5
ARTICLE VIII - OFFENSES AGAINST THE PUBLIC HEALTH
Expectoration, etc. 1 1
Garbage Transportation 4 2
Litter on Streets 3 1
Protection Against Spilling 5 2
Stench Bombs 2 1
ARTICLE IX OFFENSES AGAINST PROPERTY
Destruction of Official Notices & Signs 2 1
Dumping Rubbish 4 2
Dogs - injury by Autos 8
- Poisoning 7 3
Injury to or Removal of Property 1 1
Parks - Debris free 12 4
{ - Sales & Services in 10 4
- Who Forbidden in 11 4
Petty Larceny 5 2
Political & Religious Addresses 9 4
Public Records 6 3
Trespass 3 1
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ARTICLE X - REPEALER
ARTICLE XI - EMERGENCY CLAUSE
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