Ordinance No. 72-21 CITY OF TIGARD, OREGON
ORDINANCE No.72-,2L_
AN ORDINANCE PROVIDING A POLICE CODE FOR THE CITY OF TIGARD;
DEFINING TERMS; PROHIBITING CERTA i-ACTS OR OMISSIONS AND MAKINO
SAME UNLAWFUL; ADOPTING CERTAIN PROVISIONS OF CHAPTER 7113, OREGO14
LAWS OF 1471; PROVIDING FOR MAINTENANCE AND HANDLING OF PRISONERS;
PROVIDING PENAI:TIES; REPEALING Ordina:rce No.66-34 AND DECLARING AN
EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
ARTICLE I - PRELIMINARY
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: PURPOSES PRINCIPLES OF CONSTRUCTION
(1) The general purposes of the provisions of this Ordinance
are:
a) To ensure the public safety by preventing the
commission of offenses through the deterrent influence
of the sentences authorized, the correction and rehabil-
itation of those convicted, and their confinement when
required in the interests of public protection.
b) To forbid and prevent conduct .that unjustifiably
and inexcusably inflicts or threatens substantial harm
to indiiiidual or public interests.
c) To give fair warning of the nature of the conduct
declared to constitute an offense and of the sentences
authorized upon conviction.
d) To define the actor omission and the accompany-
ing mental state that constitute: each offense and limit
the condemnation of conduct as criminal when it is with-
out 'fault
e) To differentiate on reasonable. grounds between
serious and minor offenses.
f) To prescribe penalties which are proportionate
to the seriousness of offenses and which permit recognition
of differences in rehabilitation po4sibilities among
individual offendprso
g) To safeguard offenders against excessive, dispro-
portionate or arbitrary punishment
ORDINANCE No.72-
t .
(2) The rule that a penal statute is to be strictly construed
shall not apply to this Ordinance or any of its provisions. All pro-
,' visinns of this Ordinance shall beconstrued accordingto the fair
import of their terms, to promote justice and to effect the purposes
stated in subsection (1) of this section.
Sectipn_ APPLICATION OP_PROVISI(}NS
(1) The provisions of this Ordinance shall gnvern the con-
struction of and punishment for any offense defined in this Ordinance
and committed after the effective date hereof, as well as the construc-
t1on and application of any defense to a prosecution .for such an offense.
(2.) Except as otherwise expressly provided, or unless the
context requires otherwise, the provisions of this Ordinance shall
��3erthithe
Ordinanceconstruction
as�d committediaftertthefor
effectiveoffense
dateehereof,fined ut-
well as the construction and applicatior. of any defense to a pros-
asecution for such an offense.
(3) The provisions of this Ordinance shall not apply to or
govern the construction of and punishment for an9 offense committed
before the effective date of this Ordinance, or the construction and
application of any defense to a prosecution for such an offense.
Such an offense shall be construed and prnished according to the law
oxisting at the time of the commission of the offense in the same
manner as if this Ordinance had not been enacted.
(4) when all or part of a criminal statute is amended or re-
pealed, the criminal statute or part thereof so amended or repealed
remains in force for the purpose of authorizing the accusation, Pros-
ecution, conviction and punishment of a person who violated the
statute or part thereof, before the effective date of the amending or
repealing ordinance.
Section 4: SAVING CLAUSE. CONSTITUTIONALITY
If any clause, sentence, paragraph, section, article or portion
of,this Cole 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 portion of
s: . this.Code directly involved in the controversy in which judgment is
rendered.
C�
' Page 2 POLICE CODE
,.-
Preliminary
,� s
ARTICLE II
ADOPTION OF GENERAL PROVISIONS OF OREGON CRIMINAL CODE
Section 1: By virtue of the authority contained in §221.330 Oregon
Revised Statutes, all those sections of Chapter 743 of
the Oregon Laws of 1971 as enacted by the 1971 Legislative Session
ha^einafter listed in this Article, be, and each and all thereof are
hereby adopted by this reference, section by section, paragraph by
paragraph, word by word, in the entirety, in all respects to the same
legal force and effect as if set forth herein in full.
Section 2: Whenever reference in the hereinafter cited Sections of
Chapter 743 of the Oregon Laws of 1971 is made to:
(a) "Oregon Criminal Code" - it shall mean the POLICE CODE
OF THE CITY OF TIGARD
(b) "State" - it shall mean the CITY OF TIGAIRD
(a) "Court" - it shall mean the MUNICIPAL COURT OF THE
CITY OSection 3 GENERAL PRINCIPLES OF CRIMINAL LIABILITY - Article 2of
Chapter 7 3, Oragon-Laws of 1971
(a) Section 7 - Culpability; definitions
(b) Section 8 -- General requirements of culpability
le
(a) Section 9 - violationsyandguirements to offenses rdefinedbby to
other statutes
(d) Section 10 - tiorculUablityrequiretnentsn of statutes with respect
(e) Section 11 - Intoxication
Section 4: PARTIES TO CRIME Article of Cha ter 743 Ore ar.
Laws_ `of 19 1
(a.) Section 12 - Criminal liability based upon conduct
(b) Section 13 - Criminal liability for conduct of
another; complicity
{ (a) Section 14 - Criminal liability for conduct of
another; no defense
(d) Section 15 - Exemptions to criminal liability for
conduct of another
(e) Section 16 Criminal liability of corporations
.y (f) Section 17 - Criminal liability of an Individual
for corporate conduct
Page '3 '- POLICE CODE
Art.II - Adoption of General Provisions of Oregon Criminal Code
K,
Section 5; aRNW-AL PRINCIPLES JF JUSTIFICATION Article 4 of_Chi
Oregon Laws of 191
(h) Section 18 - Justification; a defense
(b) Section 19 - Justification; generally
(a) Section 20 - Justification; choice of evils
(d) Section 21 Justification; use of physical force
generally
(e) Section 22. Justification; use of physical force in
defense of a person
Section 23 Justification; limitations on use of
deadly physical force in defense of
a person
(g) Section 24. jusr1rication, .11mitations on use of
physical force in defense of a person
(h) Section 25 Justification; use of physical force
in defense of premises
(i) Section 26 justification; use of physical force
in defense of property
Q) Section 27 Justification; use of physical force in
making an arrestor in preventing an
escape
(k) Section 28. Justification; use of deadly physical
force in making an arrest or in prevent
ing an escape
(1) Section 29. Justification; use of physical force in
making an arrest or preventing an escape;
basis for reasonable belief
(m) Section 30 justification; use of physical force by
priv%ite person assisting an arrest
Section 31 justification, use of physical force by
private person acting on his own account
to make an arrest
(o) Section 32 justification3-F use of physical force in
resisting arrest prohibited
Section 33 justification; use of physical force by
guard in correctional facility to prevent
an escape
(q) Section 34 Duress
Section 35 Entrapment
page POLICE CODE
Art.11 Adoption of General Provisions of Oregon Criminal Code
Section 6: GENP1AL DEFINITIONS: DF.FENSBS BURDEN OF PROOF -
Article I off Ciapt`er 7 3Z ,Or mon Laws of 971
(a} Section 3 - General definitions
(b) Section 4 - Defenses; burden of proof
Section 7: DEFINITIONS AND DEFENSES RELATING TO PERJURY AND RELATFD
OFFENSES - Article 22 oe Ch ths of -71
(a) Section 182 - Perjury and related offenses;
definitions
(b) Section 186 - Perjury and false swearing; irregu-
larities no defense
(c) Section 187 - Perjury and false swearing; retraction
(d) Section. 188 - Perjury and false swearing; corrobora-
tion required
Section £3: DEFINITIONS RELATING TO OBSTRUCTING GOVERNhiEN4'AL ADMINIS-
. TRATTON - Article 2�1,Chapter 7 3, Oregon haws oi' 1 77.
— I
(a) Section 197 - Obstructing. governmental adminis-
tration; definitions
Page 5 POLICE CODE
Art.. II`- Adoption of General Provisions of Oregon Criminal Code
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ARTICLE III. OFFENSES, CLASSES OF OFFENSES
Section 1. OFFENSES, DEFINITION
(1) An offense is conduct for which a sentence to a term of
confinement in jail or to a fine is provided by any ordinance of
this city. An offense is either a crime or a violation.
(2) The doing of any act or thing prohibited, or the failure
to do an act or thin,; 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 2.. CRMES, MISDEMEANORS; DEFINITION
A crime for purposes of this Code is an offense for which a
sentence of imprisonment in jail is authorized, and all crimes for
purposes of this Code are misdemeanore..
Section 3. MISDFABANOtRS; CLASSIFICATION
(1) Misdemeanors are classified for the purpose of sentence
into the following categories:
a) Class A misdemeanors
b) Class B misdemeanors
c) Class C misdemeanors; and
d) Unclassified misa,meanors
(2) The particular classification of each misdemeanor defined
in this Code is expressly designated in the section defining the
crime. An offense defined outside this Code,which, because of the
express sentence provided in the ordinance defining said crime, spall
be: considered an unclassified misdemeanor.
(3) An offense defined by ordinance of this City, but without
specification as to:its. classification or as to the penalty authorized
s
upon conviction, shall be considered a Class A misdemeanor.
e Section_4. VIOLATIONS- DEFINI.1'ION
An offense is a violation if it is so designated in the ordi
nance defining the offense or if the offense is punishable only by a
fine, forfeiture, fine and forfeiture, or other civil pena3 y. Con-
viction of a violation does not give rise to any disability or legal
disadvantage based on conviction of a crime.
Section 5. _VIOLATIONS CI;ASSIFICATIODi
Y (1) Any violation defined in this Code isexpressly' designated
in the section defining the offense. . Any offense defined outside
this Code which is punishable as provided in Section 4 of this Article
ashall be considered a violation..
(2) . Violations are not classified.
iy
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Art.III - Offenses: Crimes, Misdemeanors, Violations
a
Section 6. INCHOATE CRIMES, ATTEMPTy DEFINITION
(a) A person is guilt; of an attempt to commit a crime when
he intentionalij engages in conduct Which constitutes a substantial
step toward the commission of the crime.
(2) An attempt is a:
a) Class B misdemeanor, if the offense attempted
is a Class A misdemeanor
b) Class C .isdemeanor, if the offense attempted
is a Class B misdemeanor
c) Violation, if the offense attempted is a
Class C misdemeanor, or an unclassified
misdemeanor.
.: Page 7 - POLICE CODE
Art.III Offenses: Inchoate Crimes, Attempt .
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ARTICLE IV - AUTHORIZED DISPOSITION OF OFFENDERS
Section 1. SENTENCE OF IMPRISONMENT FOR MISDEI4EANORS
Sentences for misdemeanors shall be for a definite term. The
court shall fix the term of imprisonment within the following maximum
limitations:
(1) For a Class A inisdemeanvi, - 6 months
(2) For a Class B misdemeanor - 90 days
(3) For a Class C misdemeanor - 30 days
(4) For an unclassified misdemeanor, as provided in the
ordinance defining the crime.
Section 2. FINES FOR MISDEMEANORS AND VIOLATIONS
(1) A sentence to pay a fine for a misdemeanor shall he a
sentence to pay an amount, fixed by the Court, not, exceedl_fl-x:
a) $1,000. for a Class A misdemeanor
b) $500. for a Class B misdemeanor
c) $250. for a Class C misdemeanor
(2). A sentence to pay a fine for an unclassified misdemeanor
shall be a sentence to pay an amount, fixed by the court, as provided
in the ordinance defining the crime.
(3) A sentence to pay a fine for a violation shall be a
sentence to pay an amount, fixed by the court, not exceeding $250.
(4) This section shall not apply to corporations.
Section 3. CRITERIA FOR IMPOSITION OF FINES
In determining whether to impose a fine and its amount, the
court shall consider:
(1) The financial resources of the defendant and the burden
than, payment of a fine will impose, with due regard to the other
obligations of the defendant; and
(2) The ability of the defendant to pay a fine on an install-
ment basis or on other conditions to be fixed by the court.
Section 4. FINES FOR CORPORATIONS
(1) A sentence to pay a fine when imposed on a corporation for
an offense defined in this Code, or for an offense defined outside
this Code for which no special corporate fine is specified, shall be
a sentence to pay an amount, fixed by the court, not exceeding.
a) $5,000 when the conviction is of a Class A
misdemeanor or of an unclassified misdemeanor
for which a term of imprisonment of 6 months
is authorized.
b) $2,500 when the conviction is of a Class B
misdemeanor or of an unclassified misdemeanor
for which the authorized term of imprisonment
is not more than 90 days.
Page;8 -- POLICE CODE
Art.-IV - Imprisonment, Fines
c) $1,000 when the conviction is of a Class C
misderueanor or an unclassified misdemeanor
for which the authorized term of imprisonment
is not more than 30 days.
d) $500 when the conviction is of a violation.
(2) A sentence to pay a fine, when imposed on a corporation
for an offense defined outside this Code, if a special fine for a cor-
poration is provided in the ordinance defining the offense, shall be
a sentence to pay an amount, fixed by the court, as provided in the
ordinance defining the offense.
Section 5. COSTS
(1) The court may require a convicted defendant to pay costs.
(2) Costs shall be limited to expenses specially incurred by
the City in prosecuting tjLe defendant. They cannot include expenses
inherent in providing a constitutionally guaranteed jury trial or
expenditures in connection with the maintenance and operation of gov-
ernment agencies that must be made by the public irrespective of
specific violations of law.
(3) The court shall not sentence a defendant to pay c=osts
unless the defendant is or will be able to pay them. in determining b
the amount and method of payment of costs, the court shall take account
of the financial resources of the defendant and the nature of the
burden that payment of costs will impose.
(4) A defendant who has been sentenced to pay costs and who is
not in contumacious default in the payment thereof, may at any time
petition the court which sentenced him for remission of the payment
of costs or of any unpaid portion thereof. If it appears to the sat-
isfaction of the court that payment of the amount due will impose
manifest hardship or, the defendant or his immediate family, the court
may remit all or part of the amount due in costs, or modify the method
of payment uncle::- Section 6 of this Article.
Section b. TIME. AND METHOD OF PAYMENT OF FINES AND COSTS
(1) When a defendant is sentenced to pay a fine or costs, the
court may grant permission for payment to be made within a specified
period of time or in specified installments. If no such permission
is included in the sentence, the fine shall be payable forthwith.
(2) When a defendant sentenced to pay a fine or costs is also
placed on probation or imposition or execution of sentence is suspended,
the court may make payment of the fine or costs a condition of proba-
tion or suspension of sentence.
Section 7. CONSEQUENCES OF NONPAYMENT OF FINES OR COSTS
{1) When a defendant to pay a fine defaults in the
payment thereof or of any installment, the court on motion of .the City
attorney or upon its own motion may require him to show cause why his
default should not be treated as contempt of court, and may issue a
show cause citation or a warrant of arrest for his appearance.
Page 9 POLICE CODE
Art.IV - Fines, Costs (payment, non-payment)
4
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(2) Unless the defendant shows that his default was not
attributable to an intentional refusal to obey the order of the court
or to a failure on his part to make a good faith effort to make the
payment, the court may find that his default constitutes contempt and
may order him committed until the fine, or a specified part thereof,
is paid.
(3) When a fine is imposed on a corporation or unincorporated
association, it is the duty of the person authorized to make disburse-
ment from the assets of the corporation or association to pay the fins:
from those assets, and his failure to do so may be held to be contempt
unless he makes the showing required in subsection (2) of this section:.
(4) The term of imprisonment for contempt for nonpayment of
fines shall be set forth in the commitment order, and shall not exceed
one (1) day for each $25 of the fine or fifteen (15) days if the fine
was imposed upon conviction of a violation or misdemeanor, whichever
is the shorter period. A person committed for nonpayment of a .fine
shall be given credit toward payment for each day of imprisonment at
the rate specified in the commitment order.
(5) If it appears to the satisfaction of the court that the
default in the payment of a fine is not contempt, the court may enter
an order allowing the defendant additional time for payment, reducing
the amount thereof or of each installment or revoking the fine or the
unpaid portion thereof in whole or in part.
(o) A default in the payment of a fine or costs or any install-
ment thereof may be collected by any means authorized by law for the
enforcement of a judgment. The levy of execution for the collection
of a fine shall not discharge a defendant committed to imprisonment
for contempt until the amount of the fine has actually been collected.
Section 8. WORKING MALE PRISONERS
Any male person sentenced to imprisonment for a violation of
this Code or any ordinance of the City of Tigard, or imprisoned for
the nonpayment of any fine imposed for the violation of 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 em-
powered 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 9. WORKING FEMALE PRISONERS
Any female prisoner sentenced to imprisonment for a violation
of this Code or any ordinance of the City of Tigard, or committed to
prison for 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 womer.'s protective
division is authorized and empowered to work such prisoners at sewing,
or any other suitable employment for said prisoners
Section 10.: CREttr2S 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
Page 10 POLICE CODE
Art.IV - Working Prisoners, Credits forGood Behavior
in his custody for nonpayment of fines imposed by such court for
violation of this Code or any City ordinance and also all persons
In custody of the Chief of Police by virtue of a ,judgment of the
Circuit Court of the State of Oregon for Washington County in cases
appealed from the Municipal Court to said Circuit Court, shall be
entitled to credits for good behavior and for special work performed
under the direction of the Chief of Police and for the City as follows:
(1) 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:
a) Where the judgment imposes a jail sentence:
one (1) day for each 10 days of such sentence shall be
credited to the prisoner.
b) 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 Chief 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.
(2) Prisoners who perform special work for the City shall be
entitled to credits as follows:
a) There the judgment imposes a jail sentencer
The prisoner shall be allowed a credit of one (1) day
for each day's work so performed.
b) 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.
c) Where a plisqner performs work in cleanin . and
washin trson ana cloth nof,c31_ rcy and unsanitar
�eaners, he shall be allowed one-half (1 2) day s credit
for each_ prisoner cleaned M in addition to other
creditu allowed b law.
-d) There it becomes necessary to request a prisoner
to work additional hpurs after he has alrea_-1 performed
a da rs wor , he shall be allowed a credo of one-half
Z1 2 d_ in addition to other credit allowed law.
e) Where it becomes necessary to have prisoners
ep rform their work in the ni ht time,there shall be
allowed a credit of one-half 1/ �a� n addit3��n to
other credit 7 lowed
f) The American Red Cross from time to time has re-
uested donations of blood from prisoners. There shall
be 'al owed-f v`erT5T7days�credit for each:donation tif-
b2oo , adcl1®n to otber credit allowed a law.
In the event a prisoner escapes or attempts to escape from custody or
violates any law while in custody, no credits whatsoever shall be
allowed such prisoner.
Page 11 - POLICE CODE
Art.iv - Working Prisoners, Credits for Work Performed
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All prisoners assigned to specia� work shall beconfined in the City
Jail des'gnated by City Ordinance, except -during the time aOtually
engaged in such work.
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 th¢ 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 con-
fined to the City Jail upon the expiration of his terve of sentence
as provided herein.
ns
Page 12 - POLICE CODE
Art.1V Working Prisoners, Credits
ARTICLE V - OFFENSES INVOLVING DANGER TO THE PERSON
Section 1. ASSAULT IN THE THIRD DEGREE
(1) A person commits the crime of assault in the third
degree if he:
all Intentionally, knowingly or recklessly causes
physical injury to another; or
b) With criminal negligence causes physical injury
to another by means of a, deadly weapon.
(2) Assault in the third degree is a Class A misdemeanor.
Section 2.. MENACING
(1) A person commits the crime of menacing if by word
or conduct he intentionally attempts to place another
person in fear of imminent serious physical injury.
(2) Menacing is a Class A misdemeanor.
Section 3. RECKLESSLY ENDANGERING ANOTHER PERSON.
(1) A person commits the crime of recklessly endangering
another person if he recklessly engages in conduct which creates a
substantial risk of serious physical inAy to another person.
(2) Recklessly endangering another person is a Class A
misdemeanor.
Section 4'. PUBLIC INDECENCY
(1) A person commits the crime of public indecency if while
In, or inview of, a public place he performs:
a) An act of sexual intercourse; or
b). An act of deviate `sexual intercourse; or
,t e) An act of exposing his genitals with. the intent
of arousing the sexual desire of himself or another person.
(2) Public Indecency is a Class A misdemeanor.
f
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Art.. V - Offerises Involving Danger to the Person
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ARTICLE VI - THEFT AND RELATED OFFENSES;
OFFENSES AGAINST PkOPERTY
Section l• DEFINITIONS
As used in this Code, unless the context requires otherwise:
(1) "Appropriate property of another to oneself or a third
person" or "appropriate" means to:
a) Exercise control over property of another, or
to aid a third person to exercise control over property
of another, permanently or for so extended a period or
under, such circumstances as to acquire the major portion
of the economic value or benefit of such property; or
b) Dispose of the property of another for the ben-
efit of oneself or a third person.
(2) "Deprive another of property" or "deprive" means to:
a) Withhold property of another or cause property
of another to be withheld from him permanently or for
so extended a period or under such circumstances that
the major portion of its economic value or benefit is
lost to him; or
b) Dispose of the property in such manner or under
such circumstances as to render it unlikely that an
owner will recover such property.
(3) "Obtain" includes, but is not limited to, the bringing
abov.t of a transfer or purported transfer of property or of a legal
interest therein, whether to the obtainer or another.
(4) "Owner of property taken, obtained or withheld" or "owner"
means any person who has a right to possession thereof superior to
that of the taker, obtainer or withholder.
(5) "Property" means any article, substance or thing of value,
to, money, 'tangible and intangible personal
including, but not limited "
property, real property, choses-in-action, evidence of debt or of
contract.
Section 2. CONSOLIDATION OF THEFT OFFENSES; PLEADING AND PROOF
(1) Conduct denominated theft under Section 4 of this Article
constitutes a single offense.
(2) An accusation of theft is sufficient if it alleges that
the defendant committed theft of propertyof the nature or value re
quired for the commission of the crime charged, without designating
the particular clay or manner in which the theft was committed.
(3) Proof that the defendant engaged in conduct constituting `
theft as defined in Section 4 o this Article is sufficient to support
any information or complaint for theft.
Page 14 - POLICE CODE
Art. VI Theft and Related Offenses
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Section 3. THEFT' DEFINITION
A person commits theft when, with intent to deprive another
of property or to appropriate property to himself or to a third
person, he:
(1) Takes, appropr+ates, obtains or withholds such property
from an owner thereof; or
(2) Commits theft of property lost, mislaid or delivered by
mistake as provided in Section 5 of this Article; or
(3) Commits theft by deception as provided in Section 6 0£
this Article; or
(4) Commits theft by receiving as provided in Section 7 of
this Article.
Section 4. THEFT IN THE SECOND DEGREE
(1) A person commits the crime of theft in the second degree
if, by other than extortion, he:
a) Commits theft as defined in Section 3 of this
Article; and
b) The total value of the property in a single or
aggregate transaction is under $200.
(2) Theft in the second degree is a Class A misdemeanor.
Section 5. THEFT OF LOST MISLAID PROPERTY.
A person who comes into control of property of another that he
knows or has good reason to know to have been lost, mislaid or deliv-
ered under a mistake as to the nature or amount of the property or the
identity of the recipient, commits theft if, with intent to deprive
the owner thereof, he fails to take reasonable measures to restore the
property to -the ow;ger.
Section 6. THEFT LY DECEPTION
(1) A person, who obtains property of another thereby, commits
theft by deception when, with intent to. defraud, he:
a) Creates or confirms another's false impression
of law, value, intention or other state of mind which
the actor does not believe to be true; or
b) Fails to. correct a false impression which he
previously created or confirmed; or
c) Prevents another from acquiring information per-
tinent to the disposition of the property involved; or r
d) Sells or otherwise transfers or encumbers prop
erty, failing to disclose a lien, adverse claim or ether
' legal impediment to the enjoyment of the property,
whether such impediment is or is not valid, or is or is
not a matter of official record; or
Page 15 POLICE CODE
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Art.VI - Theft and Related Offenses
e) Promises performance which he does not intend
to perform or knows will not be performed.
(2) "Deception" does not include fa'si.ty as to matters hav-
ing no pecuniary significance, or representations unlikely to deceive
ordinary persons in the group addressed.
(3) In a prosecution for theft by deception the defendant's
intention or belief that a promise would not be performed shall nov
be established by or inferred from the fact alone that such promise
was not performed.
(4) In a prosecution for theft by deception committed by means
of a bad check, it is prima facie evidence of knowledge that the check
or order would not be honored if: "
a) The drawer has no account with the drawee
at the time the check or order is drawn or uttered; or
b) Payment is refused by the drawee for lack of
funds, upon presentation within 30 days after the date
of utterance, and the drawer fails to make good within
10 days after receiving notice of refusal.
Section 7: THEFT BY RECEIVING
(1) A person commits theft by receiving if he receives, retains,
conceals or disposes of property of another knowing or having good
reason to know that the property was the subject of theft.
(2)_ "Receiving" means acquiring possession, control or title,
or lending on the security of the property.
Section $: RIGHT OF POSSESSION
Right of possession of property is as follows:
(1) A person who has obtained possession of property by theft
or other illegal means shall be deemed to have a right of possession a>
superior to that of a person who takes, obtains or wi hholds the prop- -
arty from him by means of theft.
(2) - A joint or common owner of property shall not be deemed
to have a right of possession of the property superior to that of any
other Point or common owner of the property.
(3) in the absence of a specific agreement to the contrary, a ,
person in lawful possession of property shall be deemed to have a
right of posses superior to that of a person having only a secur-
i.ty interest in the property, even if legal title to the property lies
with the holder of the security interest pursuant to a conditional sale
contract or other security agreement.
Section 9: VALUE OF STOLEN PROPERTY
For the purposes of this Code, the value of property shall be
ascertained as follows:
(1) Except as otherwise specified in this section, value means
the market value of the property at the time and place of the crime,
Page 16 - POLICE CODE '
Art.VI - Theft and Related Offenses
or if such cannot reasonably be ascertained, the cost of replacement
of the property within a reasonable time after the crime.
(2) Whether or not they have been issued or delivered, certain
written instruments, not including those having a readily ascertain-
able market value, shall be evrluated as follows:
a) The value of an instrument constituting an
evidence of debt, including, but not limited to, a check,
draft or promissory note, shall be considered the amount
due or collectible thereon or thereby.
b) The value of any other instrument which creates,
releases, discharges or otherwise affects any valuable
legal right, privilege or obligation shall be consid-
ered the greatest amount of economic loss which the
owner might reasonably suffer because of the loss of
the instrument.
(3) When the value of property cannot reasonably be ascer-
tained, it shall be presumed to be an amount less than $200.
Section 10: THEFT; DEFENSES
(1) In a prosecution for theft it is a defense that the
defendant acted under an honest claim of right, in that:
a) He was unaware that the property was that
of another; or
b) He reasonably believed that he was entitled
to the property involved or had a right to acquire
or dispose of it as he did.
(2) in a prosecution for theft by receiving, it is a defense
that the defendant received, retained, concealed or disposed of the
property with the intent of restoring it to the owner.
(3) It is a defense that the property involved was that of
the defendant's spouse, unless the partieswere not living together
as man and wife and were living in separate abodes at the time of
the alleged theft.
Section 11: THEFT OF SERVICES
(1} A person commits the crime of theft of services if:
a) With intent to avoid payment :therefor, he
obtains services that are available only for compensa
tion, by force, threat, deception or other means to
avoid payment for the services; Ir
b) Having control over the disposition of labor or
of business, commercial or industrial equip ment or facil-
ities of another, he uses or diverts to theuse of farilm--
self ora third person such labor, equip
ment ortier, with intent to derive a commercial benefit for bim-
self or a-third person not entitled thereto.
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Art.. V1 - Theft and Related Offenses
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(2) As used in this section, "services" includes, but is not
limited to, labor, professional services, toll facilities, transpor-
tation, telephone or other communications service, entertainments,
the supplying of food, lodging or other accommodations in hotel; .
restaurants or elsewhere, the supplying of equipment for use, and the
supplying of commodities of a public utility nature such as gas, elec-
tricity, stain and water.
(3) Absconding without payment or offer to pay for hotel, res-
taurant or other services for which compensation is customarily paid
immediately upon the receiving of them is prima facie evidence that
the services were obtained by deception.
(4) Theft of services is a Class A misdemeanor.
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Section 12: CRIMINAL TRESPASS; DEFINITIONS
As used in Sections 12 to 18 of this article, except as the
context requires otherwise:
(1) "Building", in addition to its ordinary meaning, includes
any booth, vehicle, boat, aircraft or other structure adapted for
overnight accommodation of persons or for carrying on business therein.
Where a building consists of separate units, including, but not 11m-
ited to, separate apartments, offices or rented rooms, each unit is,
in addition to being a part of such building, a separate building.
(2) "Dwelling" means a building which regularly or intermit-
tently is occupied by a person lodging therein at night, whether or
not a person is actually present.
(3) "Enter or remain unlawfully" means:
a) To enter or remain in or upon premises when
the premises, at the time of such entry cr remaining,
are not open to the public or when the entrant is not
otherwise licensed or privileged to do so; or
b) To fail to leave premises that are open to the
public after being lawfully directed to do so by the
person in charge.
(4) "Open to the public" means premises which by their physical
nature, function, custom, usage, notice or lack thereof or other cir-
cumstances at the time would cause a reasonable person to believe that
no permission to enter or remain is required.
(5) "Person in charge" means a person, his representative or
his,employe who has lawful control of premises by ownership, tenancy,
official position ur other legal relationship. It includes, but is
not limited to tti,.person, or holder of a position, designated as the
person or position-holder in charge by the Governor, board, commission
or governing body of any political subdivision of this state.
(6) "Premises" includes any building and any real property,
whether privately or publicly owned.
(7) "Property of another" means property in which anyone other
than the actor has a possessory or proprietary ipteresc. ->
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Art.VI Offenses Against Property
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Section 13: CRIMINAL TRESPASS IN THE SECOND DEGREE
(1) A person commits the crime of criminal trespass in the
second degree if he enters or remains unlawfully in or upon premises.
(2) Criminal trespaes in the second degree is a. Class C
misdemeanor.
Section 14: CRIMINAL TRESPASS IN THE FIRST DEGREE
(1) A person commits the crime of criminal trespass in the
first degree if he enters or remains unlawfully in a dwelling.
(2) Criminal trespass in the first degree is a Class A
misdemeanor.
Section 15: RECKLESS BURNING
(1) A person commits the crime of reckless burning if he
recklessly damages property of another by fire or explosion.
(2) Reckless burning is a Class A misdemeanor.
Section 16: CRIMINAL MISCHIEF IN THE THIRD DEGREE
(1) A person commits the crime of criminal mischief in the
third degree if, with intent to cause substantial inconvenience to
the owner or to another person, and having no right to do so nor
reasonable ground to believe that he has such right, he tampers or
interferes with property of another,
(2) Criminal mischief in the third degree is a Class C mis_.
demeanor.
Section 17: ' CRIMINAL MISCHIEF IN THE SECOND DEGREE
(1) A person commits the crime of criminal mischief in the
second degree if:
a) He violates Sectio: 16 of this Article and as
a result thereof, damages property in an amount exceed-
ing $100, or
b) Having no right to do so nor reasonable ground
to believe that he has such right, he intentionally
damages property of another, or he recklessly damages
property of another in an amount exceeding $100.
(2) Criminal mischief in the second degree is a Class A mis-
demeanor.
Section 18: POSSESSION OF BURGLAR`S TOOLS
(1) A person commitsthecrime of possession of burglar's tools
if he possesses any burglar tool with the intent to use the tool or
Inowing that some person intends to use the tool to commit or facilitate
a forcible entry into premises or theft by a physical taking.
(2) "Burglar tool" means an acetylene torch, electric arc,
burning bar, thermal lance, oxygen lance or other similar device
Page 19 POLICE CODE
Art. VI - Offenses Against Property
capable of burning through steel, concrete or other solid material,
or nitroglycerine, dynamite, gunpowder or any other explosive, tool,
instrument or other article adapted, designed or commonly used for
committing or facilitating a forcible entry into premises or theft
by a physical taking,
(3) Possession of burglar's tools is a Class A misdemeanor.
Section 19 POISONING DOGS
(1) A person commits the offense of poisoning a dog or doge
If with intent to kill or injure any dog or dogs, he puts out or
places, where it is likely to be eaten by any dog or dogs, any meat,
food or substance containing poison, ground glass or other substance
likely to kill or seriously injure any dog.
(2.). The offense of poisoning dogs is a Class B misdemeanor.
Section 2O: DESTRUCTION OF OFFICIAL NOTICES AND SIGNS
(1) A person commits the offense of destruction of official
notices and signs if he defaces or tears down any official notice
a or bulletin, or any official sign or signal posted or placed in co.
formity with law.
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(2) Destruction of official notices and signs is a violation-
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Art. VI — Offenses Against Property
ARTICLE VII - FALSE SWEARING, OBSTRUCTING
GOVERNMENTAL ADMINISTRATION
Section 1: FALSE SWEARING
(1) A person commits the crime of false swearing if he makes
a false sworn statement, knowing it to be false.
(2) zlse swearing is a Class A misdemeanor.
Section 2: UNSWORN FALSIFICATION
(1) A person commits the crime of unsworn falsification if
he knowingly makes any false w.itten statement to a public servant
in connection with an application for any benefit.
(2) Unsworn falsification is a Class B misdemeanor.
Section 3: BAIL JUMPING IN THE SECOND DEGREE
(1) A person commits the crime of bail jumping in the second
degree if, having by. court order been released from custody or a
correctional facility upon bail or his own recognizance upon the
condition that he will subsequently appear personally in connection
with a charge against him of having committed a misdemeanor or viola-
tion, he intentionally fails to appear as required.
(2) Bail jumping in the second degree is a Class A misdemeanor.
Section 4: OBSTRUCTING GOVERNMENTAL ADMINISTRATION
(1) A person commits the crime of obstructing governmental
administration if he intentionally obstructs, impairs or hinders the
administration of law or other governmental function by means of
intimidation, force, physical interference or obstacle.
(2) This section shall not apply to obstruction of unlawful
governmental action or interference with the making of an arrest.
(3) Obstructing governmental administration is a Class A
misdemeanor.
Section 5: REFUSING TO ASSIST A PEACE OFFICER
_ (1) A person commits the offense of refusing to assist a.
peace officer if upon command by a person known by him to be a peace
cfficer. he :unreasonably refuses or fails to assist in effecting an
authorized arrest or preventing another from committing a crime,
(2) Refusing to assist a peace officer is a violation.
Section 6: REFUSING TO ASSIST IN FIRE-FIGHTING OPERATIONS
(1) A person commits the offense of refusing to assist in
fire-fighting operations if:
a) Upon command by a person known by him to be
a fireman he unreasonably refuses: or fails to assist
in extinghishing a fire or protecting property
is threatened thereby; or
Wage 21 - POLICE CODE
Art. VII - False Swearing, Obstructing Governmental Administration
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b) Upon command by a person known by him to be
a fireman or peace officer he intentionally and un-
reasonably disobeys a lawful order relating to his
conduct in the vicinity of a fire.
(2) Refusing to assist in fire-fighting operations is a
violation.
Section 7: TAMPERING WITH A WITNESS
(1) A person commits the crime of tampering with a witness if:
a) He knowingly induces or attempts to induce
a witness or a person he believes may be called as a
witness in any official proceeding to offer false
testimony or unlawfully withhold any testimony; or
b) He knowingly induces or attempts to induce a
witness to absent himself from any official proceeding
to which he has been legally summoned.
(2) Tampering with a witness is a Cass A misdemeanor.
Section 8: TAMPERING WITH PHYSICAL EVIDENCE
(I.) A person commits the crime of tampering with physical
evidence if, with intent that it be used, introduced, rejected or
unavailable in an official proceeding which is then pending or to
the knowledge of such person is about to be instituted, he:
a) Destroys, mutilates, alters, conceals or
removes physical evidence impairing its. verity or
availability; or
b) Knowlingly makes, produces or offers any
false physical evidence; or
c) Prevents the production of physical evidence
by an act of force, intimidation or deception against
any person.
(2) Tampering with physical evidence is a Class A misdemeanor.
Section 9: TAMPERING WITH PUBLIC RECORDS
(1) A person commits the crime of tampering with public
records if, without lawful authority, he knowingly destroys, mutilates,
conceals, removes, makes a false entry in or falsely alters any
public record.
(2). Tampering with public records Is a Class A misdemeanor.
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Section 10': RESISTING ARREST
(1) A person commits the crime of resisting arrest if he in
tentionally resists a person known by him to be a peace officer in
making an arrest
(2) "Resists", as used in this section, means the use or
threatened use of violence, physical force or any other means that
creates a substantial risk of physical injury to any person.
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Art. VII Ot,strueting Governmental Administration
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(3) It is no defense to a prosecution under this se;tion that
the peace officer lacked legal authority to. make the arrest, pro-
vided he was acting under color of his official authority.
(4) Resisting arrest is a Class A misdemeanor.
Section 11: INITIATING A FALSE REPORT
(1) A person commits the crime of initiating a false report
if he knowingly initiates a false alarm or report which is trans—
mitted to a fire department, law enforcement agency or other organi=
zation that meals with emergencies involving danger to life or property.
(2) Initiating a false report is a Class C misdemeanor.
Section 12: CRIT41NAL IMVERSONATION
(1) A person commits the crime of criminal impersonation if
with -Intent to obtain a benefit or to injure or defraud another he
falsely impersonates a public servant and does an art in such assumed
character.
(2) Criminal impersonation is a Class A misdemeanor.
Page 23 — POLICE CODE
inistration
Art.. VII o Obstructl_ng Governmental Ada ,
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ARTICLE VIII - OFFENSES AGAINST PUBLIC ORDER
Sect'.nn 1: DISORDERLY CONDUCT
(1) A person commits the crime of disorderly conduct if, with
intent to cause public inconvenience, annoyance or alarm, or reek-
lessly creating a risk thereof, he:
a) Engages in fighting or in violent, tumultous
or threatening behavior; or
b) Makes unreasonable noise; or
c) Uses abusive or obscene language, or makes an
obscene gesture, in a public place; or
d) Disturbs any lawful assembly of persons without
lawful authority; or
e) Obstructs vehicular or pedestrian traffic on a
public way; or
f) Congregates with other persons in a public place
and refuses to corfply with a lawful order of the police
_ to disperse; or
g) Initiates or circulates a report, knowing it to
be false, concerning an alleged or impending fire,
explosion, crime, catastrophe or other emergency; or
(h) Creates a hazardous or physically offensive
condition by any act which he is not licensed or Priv-
ileged to do.
(2? Disorderly conduct is a Class B misdemeanor.
Section 2: PUBLIC INTOXICATION
(1) A person commits the crime of public intoxication if he
creates, while in a state of intoxication, any disturbance of the
public in any public or private business or place.
(2) Public intoxication is a Class C misdemeanor.
Section 3: LOITERING IN OR NEAR SCHOOL BMTLDXNGS
(1) A person commits the crime of loitering if he loiters in
or near a school building or grounds, not having any reason or rela-
tionship involving custody of or responsibility"for a student, or,
upon inquiry by a. peace officer or school official, not having a
specific, legitimate reason for being there.
(2) Loitering is a Class C misdemeanor.
Section 4HA HARASSPIENT
(1) A person commits, the crime of harassment if, with intent
1k to, harass, annoy or alarm another person, he:
a) Subjects another to offensive physical contact; or
b). Publicly insults another by abusive or obscene
words' or gestures in a manner likely to provoke a. violent
or disorderly response; or
e) Communicates vith a person, anonymously or other-
wise, by telephone, mail or other fora of written conmuni-
cation, in a manner likely to cause annoyance or alarm; or
Page 24 - pOL-ICE CODE
Art. VIII -- Offenses Against Public Order
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a) Engages in a course of conduct that alarms
or seriously annoys another person and wh:.ch serves
no legitimate purpose.
(2) Harassment is a Class B misdemeanor.
l Section 5: ABUSE OF VENERATED OBJECTS
(1) A person commits the crime of abuse of venerated objects
if he intentionally abuses a public monument or structure, a place
of worship or burial, or the national or state flag.
(2} As used in this section, "abuse" means to deface, damage,
defile or otherwise physically mistreat in a manner likely to outrage
_ public sensibilities.
(3) Abuse of venerated objects is a Class C misdemeanor.
Section 6: O+rENSIV_T LI'1TERING
(x) A person commits the crime of offensive littering he
create an objectionable stench or degrades the beauty or appe
nce
of property or detracts from the natural cleanliness or safety of
property by intentionally:
a) Discarding or depositing any rubbish, trash,
garbage, debris or oWher refuse upon the land of another
without permission of the owner, or upon any public way; or
b) Drai,ing, or causing or permitting to be drained,
sewage or the drainage from a cesspool, septic tank,
recreational or camping vehicle waste holding tank or
other contaminated source, Upon the land of another with-
out permission of the owner, on
upo6) Permitting any rubbish, trash, garbage, debris
or ether refuse to be thrown from a vehicle which he is
operating, except that this subsection shall not apply
to a person operating a vehicle transporting passengers
for hire subject to regulation by the Interstate Commerce
Commission or the Public Utility Commissioner of Oregon
or a person operating a school bus subject to ORS 485.010
to 485.o6o.
(2) As used in this section, public way" includes, but is not
lanes, ,tatails, beaches, parks
limited to, roads, streets, alleys,
by the state, a county or
and all recreational facilities op
a local municipality for use by the general public,
(3) Offensive littering is a Class C misdemeanor.
section 7: C, REATIty A HAZARD
(i) A person commits the crime of creating a hazard if:
t a} He intentionally maintains or leaves in a place
accessible to children a container with a compartment
of more than one and one-half cubic feet capacity
wand a
door or lid which locks or fastens automatically
closets and which cannot easily be opened frorci the inside; or
Page 25 - POLICE CODE
Art. ;*IIT - Offenses Against Public Crder
b) Being the owner ar otherwise having possession
of property upon which there is a well, cistern, cesspool,
excavation or other hole of a depth of four feet or more
and a top width of 12 inches or more, he intentionally
fails or refuses to cover or fence it with a suitable
protective construction.
(2) Creating a hazard is a Class B misdemeanor.
Section 8: MISREPRESENTATION OF AGE BY A MINOR
(1) A person commits the crime of misrepresentation of age
by a minor if:
a) Being less than a certain, specified age, he
knowingly represents himself to be of any age other than
his true age with the intent of securing a right, benefit
or privilege which by law is denied to persons under that
certain, specified age; or
b) Being unmarried, he knowingly represents that he
is married with the intent of securing a right, benefit
or privilege which by law is denied to umr.arried persons.
(2) Misrepresentation of age by a minor is a Class C misdemeanor.
Section 9: CRIMINAL DEFAMATION
(1) A person commits the crime of criminal defamation if with
intent to defame another person he knowingly:
a) Publishes or causes to be published false and
scandalous durable matter concerning such other person*, or
b) Publishes or causes to be published false and
scandalous matter concerning such other person by means
of a radio or television broadcast.
(2) It shall be a defense to any prosecution under this sec-
tion that:
(a) The matter published was true and was published
with goodmotivesand for justifiable ends; or
b) The publication is protected by an absolute or
qualified privilege.
(3) Criminal defamation is a Class A misdemeanor.
S®etion 10: SALE OR GIFT OF LIQUOR TO MINOR, INTOXICATED OR
CTED ERSON:
(1) No person, shall sell alcoholic liquor to any person under
`. the age of 21 years, to a person who is visibly intoxicated, or to
a person who has been interdicted.
(2) No person other than his parent or guardian shall give
or otherwise make available any alcoholic liquor to any person under
the age of 21 years.
(3) Sale or gift of liquor to a minor, intoxicated or inter-
dieted person is a Class C misdemeanor.
Page 26; POLICE CODE
Art. VIII - Offenses Againat Public Order
Section lis_ P1711_C9ASE OR POSSESSION OF ALCOHOLIC LIQUOR BY MINOR:
(1) No person under the age of 21 years shall attempt to pur-
chase, purchase or acquire alcoholic liquor. Except when such minor
is in a private residence accompanied by his parent oi, guardian and
with such parent'a or guardian's consent, no person under the age of
21 years shall have in his possession alcoholic liquor.
(2) For the purpose of subsection (1) of this section, possess--
sion of alcoholic liquor includes the acceptance or consumption of a
bottle of such liquo%,, or any portion thereof, or a drink of such
liquor. However, the provisions of subsection (1) of this section do
not prohibit the consumption by any person of sacramental wine as part
^f a religious rite or service.
(3) Purchase or possession of alcoholic liquor by a minor is
a violation.
Section 12: IMPROPER GARBAGE TRANSPORTATION:
(1) 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
appato
aratusbe
box or �.
tightly covered box or apparatus, such wagon, to be so closed or
constructed and so covered, and such covering
fastened down aver the entire contents of the load as to prevent such
contents from leaking, spilling, dropping or in any manner being
deposited in the street, or from being exposed to the open air, during
such transportation.
(2) Improper garbage transportation is a violation.
Section 13: HLASTING WITHOUT PERMIT
(1) No person shall, without having first received a permit
from the City Engineer, explode or cause to be exploded any gunpowder,
dynamite,. or other explosive for any purpose.
(2). The City Engineer, before issuing a permit for blasting,
shall require the person to whom the permit is to be issued, to
specify the location where the blasting is to be done, and shall
such ssary
further require insurance for ersonor propertyounts as �inasaidecityCefrom
to protect the City, and airy p
all damage or lass that might result from such blasting, and to pro
teat the City, its officers, agents and employees from all claims for
such damage or loss.
Evidence of such insurance, in form satisfactory to the
City Attorney, shall be filed with the City Engineer, and shall not
be less than $50,40.0. for injury to one persol, $700,000. for injuries
arising from one accident, and $50,000. for damage to property.
The City Engineer shall also have power and authority to
" limit the force of explosions to be made. If he deems it in the
r interest of the City: or a proper protection of life and property, ;
he may refuse to issue such permit.
(3) The offense of blasting without a permit is a Class A
misdemeanor.
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r Art.VIII - Offenses Against Public Order
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Section 14' PEDDLING ("GREEN RIVER ORDINANCE")
(1) The practice of going in and upon private property or calling
at residences in the City of Tigard, Oregon, by solicitors, peddlers,
and
hawkers, itinerant merchants, transient .vendbeen request dors ofmerchandoreinvited c
transient photograph solicitors, not having
so to. do by. the owner or owners, occupant or occupants of said private
residences, for the purpose of soliciting orders for the sale of goods,
wares and merchandise and/or for the purpose of disposing of and/or
peddling or hawking the same, or sn:liciting orders for photographs,
is hereby prohibited. (See Phillips v. Cid of Bend 192 Or 143)
(2) The doing of any act prohibited by the terms of subsection (1) ;
of this section is a violation. ,
Section 15: FAILING TO REMOVE SNOW OR ICE
to remove snow or ice
(1)A person commits the crime of failing the care of a build-
if he, being the tenant,. occupant or person having
ins or of land bordering on a street where thetheretis owner thereof'.a sidewalk, Or if
there be no tenant,. occupant or caretaker,
a) Fails or neglects, within the first six hours
of daylight after snow ceases to fall, to remove the
snow Pram the entire length of said premises for a space
not less than three feet in width. This section shall
apply also to snow which has fallen from any roof or
building.
b) Fails, in the event any portion of said side-
walk is covered with ice, to cause such hisidswalk to ashes,
made.safe-for tr,lvel by covering
same or some other suitable substance within the first six
hours of daylight after the formation of said i.ce.
(2} Failing to remove snow or ice is a. violation.
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' page 28 - POLICE CODE
Art.
Offenses Against public Order
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ARTICLE IX - NUISANCE OFFENSES
Section 1. Definition of Nuisances
The following are hereby declared to be nuisances affecting
the public health and safety and may be abated in the manner prescribed
in Section S of this Article:
(a) Maintenance on any private property of any open
vault or privy.
(b) Maintenance or keeping on private property of any
animal, substance, or condition causing an odor
unreasonably offensive to the public.
(c) Maintenance or keeping of any livestock or buildings
for the purpose of housing such livestock, in
such places or in such a manner that they will be
offensive or annoying to residents within the
Immediate vicinity thereof, or maintaining the
premises in such a manner as to be a breeding
place or likely breeding place forrodents, flies
or other pests.
(d) Maintenance of any dead animal or bird exposed on
private property for any period of time longer
than reasonably necessary to accomplish the
removal or disposal of the carcass.
(e) Maintenance of any condition, activity, operation or
vocation on private property which causes noise
unreasonably offensive to the public.
(f) Maintenance on private property of grass, weeds and
noxious vegetation contrary to the provisions
of Section 2.
(g) Maintenance on private property of any hazardous
condition contrary to the provisions of Section 3.
Section 2. Noxious vegetation
The owner, person in possession or agent of the owner of
any lot, tract, or parcel of land, improved or unimproved, shall,
during the months of May, June, July, August and September of each
year, cut and remove, and keep cut and removed therefrom and from the
half of the street or streets abutting the property, all weeds,
thistles, burdockferns and other noxious vegetation, and all grass
more than ten (10J inches in height, and all dead bushes, dead trees,
stumps and any other thing likely to cause fire.
N0-hing herein contained shall be considered to apply
to bushes, trees; shrubbery and/or other vegetation grown for food,
fuel or ornament or for the production of food, fuel or ornament,
providing that the health and safety of the public be not thereby
endangered by Y.he maintenance of such growth orVagetation.
Section 3. Hazards
During all months of the year, such person shall remove
=i and keep removed therefrom all stagnant water, filth, rubbish, waste
material, and any other substance which may endanger or injure
£ gage 29 _ POLICE CODE
Art. IX Nuisance Offenses
fi
neighboring property, ppassersby, or the health, safetor welfare of
the public. During 11
months of the year, he shall Lep the side-
walk and streets abutting such property free from earth, rock and
other debris ana from projecting and/or overhanging bushes, brush and
limbs that may obstruct or render unsafe the passage of persons or
vehicles.
Section 4. Maintenance of Nuisances
(1) Any person who is an owner, tenant, person in possession
or person having the care of any real property, commits the crime of
maintaining a nuisance if he maintains or fails to remove or abate
any of the nuisances set forth in Section 1 of this Article.
(2) Maintaining a nuisance is a Class C misdemeanor.
(3) Each day's violation of this section shall constitute a
separate crime.
Section 5. Open Stora&e of Junk
(1) A person commits the crime of open storage of junk when
as the owner, tenant, person in possession, or person in charge of
or having the care of any real property, he deposits, stores, maintains
or keeps on any real property within the City of Tigard, outside a
fully enclosed storage facility, building or garbage receptacle, any
of the following;
a) Inoperable, unusable, partially dismantled
automobiles, cars, trucks, trailers or other vehicular
equipment or parts thereof in a state of disrepair for
more than ten (10) days as to any one automobile, car,
truck, trailer or piece of vehicular equipment.
b) Used or dismantled household appliances, fur-
niture or parts thereof, or discards, garbage, debris,
rubbish, junk, trash or refuse, for more than 5 days.
(2) Nothing contained in any section of this ordinance shall
be construed as permitting any activity otherwise proscribed or regu-
lated byother ordinances or statutes applicable within the City of
T{Bard.
(3) open storage of junk is a Class C misdemeanor.
(4) Each day's violation of this section shall constitute a
separate, crime.
Section 6. Abatement of Nuisances
(1) Any of the nuisances described in Sections 1, 2, 3 or 5
of this,'Article may be abated as prescribed in this section.
O Notice:
a) Whenever it is declared by ordinance that anything
is a nuisance an the Police Chief has knowledge that
exists, unless the ordinance authorizes summar . abatement, he shall
exist to be posted upon the property liable for the abatement of such
nuisercce, a notice in legible characters directing the removal of
such nuisance, which notice shall be substantially in the following
force:
Page 30 _ POLICE CODs
(Abatement)
Art IX - Nuisance Offenses
d
NOTICE TO REMOVE NUISANCE
To the owner, agent of owner and occupant of the
following described real property
in the City of igard,
You are hereby notified to remove and abate the
nuisance existing on above described property within
ten (10) days from date of this notice, which nuisance
consists of
or-show-to the Tigard Gity. Council tha n o nuisance
_ exists.,under.Article IX of Ordinance 72- In
case of failure to remove aaid nuisance within said
time, you will be subject to fine or imprisonment and
the City of Tigard will cause the ::ame to be abated
and charge the cost thereof against the property
herein described.
Dated
Chie£ a£ Police
b) The Police Chief shall also at approximately the
time of posting such notice notify the City Recorder thereof and the
Recorder shall thereupon cause to be mailed a copy of the notice so
posted, postage prepaid, to the owner or agent of the owner of said
real property, directed to the last known post office address of
such owner or agent, or, if the post office address of both is un-
known, to such owner or agent at Tigard, Oregon.
`Pne Police Chief may delegate any city employee to
post- or mail such notice. The person posting such notice and the
person :nailing the same shall forthwith file in the City Recorder's
office a certificate stating the date and place of such mailing and
posting.
An error in the name of the owner or agent or the
use of a name other than that of the true owner or agent of such
property shall not render void such notice, but in such case th3
posted notice shall be deemed sufficient.
(3) Nuisance to' be Abated Within 10 Days -_Hearing:
a) Within 10 days after posting and mailing of such
notice, the owner, agent of the owner, or occupant of any such prop-
erty shall remove and abate such nuisance or show that no nuisance in
fact exists. Such showing may be made by filing a written statement
that no nuisance exists, which statement shall be in duplicate and
one copy thereof filed with the Police Chief and the other filed with
the City Recorder. Thereupon, the Recorder shall place said matter
upon the calendar of the City Council to be. heard by the Council in
regular course of business. At the time set for hearing such person
may appear and be heard by the Council, and the Council shall there-
upon determine whether or not such nuisance exists.
b) If it be. determined by the Council that such nuisance
?age 31 - POLICE CODE
Art. IX - Nuisance Offenses (Abatement)
n
s
exists, the proceedings hereinafter specified shall be followed.
The City Recorder shall forthwith notify the Police Chief of the
action by the Council thereon.
(4) Abatement by Ctt�v:
If within the time fixed in the Code the nuisance de-
scribed in the notice has not been removed and abated, or cause shown,
as specified in sub-section (3) hereof, why such nuisance should not
be removed and abated, the Police Department shall cause said nuisance
to be removed and abated.
Where s!ug_m�ar�,y� abatement is authorized and no notice to
abate is iiyen, the. Po13ee Department shall cause said nuisance to
be removed and abated.The Department shall keep an accurate accounx
of all expenses incurred, including an overhead charge of 10% for
administration. The Police Chief shall, after completion of removal
and abatement, file a statement of the cost thereof with the City
Recorder,
(5) Notice of Assessment:
a) upon receipt of such statement, the City Recorder
shall forthwith mail to the owner of such property therein mentioned,
a notice setting forth the expense incurred and stating that the
Council proposes to asses against his property the amounts mentioned
in sub-section (4) hereof and that objections to the proposed assess
-
;•cent may be made in writing and filed with the City Recorder on or
before twenty (20) days from date of mailing such notice.
b) upon expiration of said period of 20 days, objections
to the proposed assessment shall be heard and determined by the
Council in regular course of business.
c) Any assessment for such cost and overhead expenses
:hall be made by: ordinance and shall be entered in the Lien Docket of
the City, and upon such entry the same shall constitute a lien upon
the property from which said nuisance was removed and abated, which
lien shall be collected in all respects as provided for street improve-
ment liens, and shall hear interest at the rate of 6$ Per annum from
10 days after date of entry in the Lien Docket.
An errorir_ the name of the owner or in the use of
a name other than that of the true owner of such property or the
failure of the owner to receive notice of such assessment shall not
render said assessment void but the same shall be a valid and exist
Ing lien against said property.
(6) Summary
Rbatenient
_ The procedure provided by this ordinance 3s not exclusive
but in addition to procedure provided by other ordinance; and further-
more, the health officer, the chief of the fire department and the
police officers of this city may proceed summarily to abate a health
or other nuisance _which unmistakably exists and from which there 5s
imminent danger to human ?ife or property.
(7) Abatement Not Exclusive Remedy:
The abatement of a nuisance as herein provided shall not
constitute a penalty for a violation of this ordinance, but shall be
in addition to any penalty imposed for a violation of this ordinance.
Page .32 - POLICE CODE
rw
s (Abatement)
Art. IX Nuisance Offense
� 1
p
ARTICLE 'X REPEALER
Section 1: Ordinance No, 66-34 enacted by the City Council of Tigard
• ' on August 22; 2966, and all sections and the whole thereof,
be, and the name is, hereby repealed.
Section 2: Any other ordinances, or parts of ordinances, insofar as
r they may be in6onflict with the provisions of this ordi-
nance, be, and the same are, hereby expressll repealed.
ARTICLE X1 - EIC-RGE.NCX CLAUSE
Inasmuch as it is necessary for the peace, health and safety
of the p&ople of the City of Tigard that the provisions of this Ordi-
r.aace become effective with the least possible delay, an emergency is
hereby declared to. exist, and this Ord"-.r:ance shall be in full force
and effect from and after its passage by the Council and approval by
the Mayor.
.v
PASSED: By the Council, by unanimous vote of all members present,
after being read
this _[3 day of 'March, , 1972.
Re—coy- City of r
APPROVED: By the Mayor, this ��day of P�archq 1972
rgo - ty of T Bard
M
-,r
N, .
Page .33'- POLICE ODN
Repealer and Emergency Clause JR
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