Ordinance No. 96-28 0�.
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CITY OF TIGARD, OREGON
x F ORDINANCE N0. 96-a� .
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k # AN ORDINANCE AMENDING CHAPTER 7.32 OFFENSES AGAINST PUBLIC ORDER
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WHEREAS, The City Council finds that Chapter 7.32 of the Tigard r Asx
F Municipal Code should be updated; now, therefore:
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
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rtg j SECTION 1. Chapter 7.32. OFFENSES AGAINST PUBLIC ORDER is amended
( an ;n,1_catzd �n t:. aLLac hed EXHIBIT "A". Deleted
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wording is and added wording is
: underlined.
SECTION 2. This ordinance shall be effective 30 days after its � a
,y passage by the Council, signature by the Mayor, and
posting by the City Recorder.
, �� PASSED: By � � !lA �5uQ vote of all Council members present
after being read by number and title only, this 13— day ofcl a
1996.
Caul Brine Wheatley, C �tyRec��,rr
APPROVED: By Tigard City Council this! ✓ day of a 1996. / /,• FF{
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r Approved as to form: J a
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City Xttorney
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Date
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MIBIT "A"
OFFENSES AGAIN -
Chapter 7.32. ST PUBLIC ORDER
7.32.010 Disorderly conduct.
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7.32.040 Abuse of venerated objects. -
# a s 7.32.050 Offensive littering. `
7.32.060 Creating a hazard. e
s 7.32.070 improper garbage transportation.
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7.32.080 Blasting without permit
7.32.110 Public indecency. a
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7.32.120 Discharge of weapons. ••r,,lt•-
3 t 7.32.125 Carrying loaded firearms.
„y` a� Currying concealed weapons.:1.32-140 Seizure and dest��uetien ef
}y
7.32.150 Use of air guns and beanshooters. ��� �-�_' `� t•
r ; 7.32.160 Manufacturing, selling, carrying or possessing slugging
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or or stabbing weapons.
7.32.170 Persons permitted to carry blackjacks. .�A
7.32.010 Disorderly conduct.
(a) A person commits the crime of "disorderly conduct" if, 1
with intent to cause public inconvenience, annoyance or alarm, or
recklessly creating a risk thereof, he: a�
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(1) Engages in fighting or in violent, tumultuous or
threatening behavior; or
(2) Makes unreasonable noise; or44
`. (3) Disturbs any lawful assembly of persons without
' 4 lawful authority; or
(4) obstructs vehicular or pedestrian traffic on a �
� - a
F, public way; or r;
(5) Congregates with other persons in a public place and
A refuses to comply with a lawful order of the police to disperse; or
(6) Initiates or circulates a report, knowing it to be
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s false, concerning an alleged or impending fire, explosion, crime, w
r catastrophe or other emergency; or �
(7) Creates a hazardous or physically offensive 1
condition by any act which he is not licensed or privileged to do.
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(b) Disorderly conduct is a Class B misdemeanor, {Ord. 84-65 { � x
§2(Exhibit A (part)), 1984).
7_32.040 Abuse of venerated obiects. x �
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(a) A person commits the crime of "abuse of venerated
objects" if he intentionally abuses a public monument or structure,
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a place of worship or burial, or the national or state flag. yjra;
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(b) As used in this section, "abuse" means to deface, damage, ,
mistreat in a manner likely toy
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defile or otherwise
physically
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a` (c) Abuse oveneratedobjects is a Class
f C misdemeanor. '
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S (Ord. 64-65 §2(Exhibit A(part)), 1984). h &r �
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7.32.050 Offensive littering.
$ - _ n_ i<tea,._., n�� i f ho
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creates an objectionable y stench 4 or degrades the beauty or } O
appearance of property or detracts from the natural cleanliness or K ,yam
safety of property by intentionally: fr ET "• � '
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(1) Discarding or depositing any rubbish, trash, garbage,
debris or other refuse upon the land of another without permission � �
of the owner, or upon any public way or in or upon any public
transportation facility; or a
r (2) Draining 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, ;4
without permission
upon the land of another of the owner, or upon
any public way; or
(3) Permitting any rubbish, trash, garbage, debris or other
f refuse to be thrown from a vehicle which he is operating; except f �
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.
(b) As used in this section, "public way" includes, but is
not limited to, roads, streets, alleys, lanes, trails, beaches, x ?
parks and all recreational facilities operated by the state, a
county or local municipality for use by the general public.
(c) As used in this section, 'public transportation facility"
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has the meaning provided for in ORS 164.365.
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(d) Offensive littering is a Class C misdemeanor. (Ord. 84-65
§2(Exhibit A(part)), 1984).
7.32.060 Creating a hazard. i � P
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(a) A person commits the crime of "creating a hazard" if: { �
� (1) 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 and a door or lid which locks ' ",
}r or fastens automatically when closed and which cannot easily be 3
opened from the inside; or
(2) Being the owner or otherwise having possession of �
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ant 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 s '
twelve inches or more, he intentionally fails or refuses to cover
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or fence it with a suitable protective construction. ? `
(b) Creating a hazard is a Class B misdemeanor. (Ord. 84-65 # -
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§2(Exhibit A(part)), 1984). = spa
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(a) It~ is unlawful for any person to carry any garbage, e �
filth, or refuse along any sidewalk or transport any garbage, r�'
s swill, or refuse through any street, except in a covered wagon or �Y
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 preventr
such contents from leaking, spilling, dropping or in any manner
being deposited in the street, or from being exposed to the open F ns � x'
air, during such transportation.
(b) Improper garbage transportation is a violation. (Ord. 72- '
21 Art. 8 §12, 1972).
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7.3 2.080 Blasting without permit. �� x
(a) No person shall, without having first received a permit "F 4
from the city engineer, explode or cause to be exploded any
✓ explosive for any purpose. "Explosive" means a chemical compound, sy:
mixture or device that is commonly used or intended for the purposeT � ,.
of producing a chemical reaction resulting in a substantially
instantaneous release of gas and heat, including, but not limited
to, dynamite, blasting powder, nitroglycerin, blasting caps and
nitro-jelly, but excluding fireworks, as defined by Oregon Revised
Statutes 480.110 (1 ) 1984 Oregon Laws; black powder, smokeless vf `
a powder, small arms ammunition and small arms ammunition primers.
(b) The city engineer, before issuing a permit for the use of
` explosives, shall require the person to whom the permit is to be n< ,
issued to: z
(1) Complete an application form and state the dates,
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time and specific place where the explosives will be used, the -
purpose for which the explosive will be used, the type of explosive ��
which will be used, the maximum number of units to be used, and the
# name and address of the person who will be usingexplosives;the ,y.
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{ (2) Provide a letter or other evidence from the t" y
insurance carrier of the person to whom the permit will be issued i s;
i that:
(3) The applicant is to pay a fee as prescribed by the x :
city council and by Chapter 3.32 of this code. s'` ' NZ
3 (A) The policy shall remain in continuous effect
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for the time period for which the permit is issued. The letter or
# other evidence shall identify the time 1 `f'
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insurance shall remain in effect; and
r (B) The person to whom the permit will be issued R:, rdo
has insurance coverage to the amount required under subsection (c) rs
1 of this section. a �„ teary;
(c) No permit for the use of explosives shall be issued by pkv
the city engineer until the person to whom the permit will bek �� '`�
issued provides evidence of insurance for such amounts as the city
engineer deems necessary to protect the city and any person. or
property in the city from all damage or loss that might result from
s the use of explosives and to protect the city, its officers, agents y
and employees from all claims for such damage or loss. In no case
shall the required insurance coverage be less than the following: a
(1 ) Fifty thousand dollars to an claimant for an -
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number of claims for damage to or destruction of property,
including consequential damages, arising out of a single accident ”
or occurrence;
(2) One hundred thousand dollars to any claimant for ali ,
other claims arising out of a single accident or occurrence; and
(3) Three hundred thousand dollars for any number of
claims arising out of a single accident or occurrence. -
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(d) The city engineer shall have the power and authority to rr
limit the time, dates and force of the explosions to be made.
(e) The city engineer shall have the authority to deny an
application for a permit upon a finding that:
(1 ) The requirements of these code provisions have not { �
been satisfied;
x (2) There is a danger to the public safety, surrounding `
` properties, or individual per-ons; or a
(3) The applicant does not have a certificate of
possession required under state law. y
(f) The permit shall not be transferable to any other person, `��
to any other location or to any other time or date. It shall be yls
specific to the person, to the location and to the othernl-
information required by these code provisions. The use of »
explosives in a manner other than provided on the permit shall be cr+;
t deemed to constitute an offense of using explosives without a rte'
permit. �� F
SR (g) The offense of using explosives without a permit shall be
t j a Class A misdemeanor. (Ord. 84-56 §1, 1984; Ord. 84-41, 1984: Ord. f W7;1,
72-21 Art. 8 §13 1972). ti � '
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7.32.110 Public indecency.
person commits the crime of "public indecency in the a
first degree" if while in, or in view of, a public place he 4" F -
performs:
(1) An act of sexual intercourse; or
z (2) An act of deviate sexual intercourse;
or
(3) An act of exposing his genitals with the intent of �
r a arousing the sexual desire of himself or another person. M �
t Ems '.
x (b) A person commits the crime of "public indecency in the xg
second degree" if he urinates or defecates in a public place or a1
place visible from a public place (other than a public restroom). ks'`
(c) Public indecency in the first degree is a Class A raP� y� l
misdemeanor, t ,
(d) Public indecency in the second degree is a violation. Bks
1 (Ord. 81-126 §1, 1981 : Ord. 81-36 §1, 1981 : Ord. 72-21 Art. 5 §4, 1MQA
1972). '.
11� 7.32.120 Discharge of weapons. ''
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(a) No person other than an authorized peace officer shallk�N
fire or discharge within the city any gun or weapon which acts by
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force of gunpowder or other explosive, or by the use of jet or
rocket propulsion except as may otherwise be expressly provided in
this code.
(b) The provisions of this section shall not be construed to u+
prohibit the firing or discharging of any weapon:
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(1) By any person in the defense or protection of his
„ property, person or family; 411,
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(2) At any place duly designated or commonly used for target
' practice;
(3) At any gunsmithing business, for which a business1
snr license by the city has been issued, and for which a construction
design for a soundproof test shooting booth and bullet trap has "%
1 been approved by the chief of police. Prior to the issuance of the = � E ��,`
business license, the shooting booth and bullet trap shall be p
inspected by the chief of police and the building official or their
' designee for compliance with the construction plans.
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i; (c) Violation of this section is a Class A misdemeanor. (OrdHW
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85-17 §1, 1985; Ord. 83-60 §1, 1984; Ord. 73-14 §1 (part), 1973)
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7.32.125 Carrying loaded fi-rearms.
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i— "f;raarm" means a pistol, revolver,
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gun, rifle or other mechanism, including a miniature weapon wnic,i ■
projects a missile or shot by force of gunpowder or any other ,
explosive, or by spring or by compressed air.
it is kfalawful fer-
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It is unlawful for any person to possess a firearm in a -T s
ublic lace as that term is defined in ORS 161 .015 unless all
ammunition has been removed from the chamber and from the cylinder, t�
clip or magazine This section does not apply to or _affect. T� %�s�
(1) a law enforcement officer in the performance of
official duty;
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(2) a wamber of the military in the performance of �
official duty• u V N �
(3) a person licensed to carry a concealed handgun; �
4 r`1 14) a person authorized to possess a loaded firearmv �
i `✓ while in or on a public building under ORS 166.370.
3 (b) It is unlawful for any person
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possessing a firearmn in a public place to refuse to } '
permit a peace officer to inspect that firearm after the peace � � ,€ .
officer has identified himself as such.(e) 4e ar-evisiefts
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the pr
(e) BE t1lis Seet4:en, shall be Issued by the Pel
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•(-e-}• (c) Violation of any portion of subsections (a) and (b)
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' { of-(ted) is a Class A misdemeanor, (Ord. 76-22 §1 , 1976).
7.32.130 Carrying concealed weapons.
(a) Except as provided in subsection (b) of this section, any r
i person who carries cu,c cb__t hi person in any manner aey
r revelvef, �stel of ethef `fea--, any knife having a made taut s >
1 Projects or swings into position by force of a spring or by
i centrifugal force and commonly known as a switchblade knife, ether
than an er-dinaryo� }:« a£i€r or any dirk, dagger, ice pick, ' 1
slingshot, metal knuckles or any similar instrument by the use of
which injury could be inflicted upon the person or property of any W
other person,less than ten del4afs, aef ffiefe than twe hundred
dollars, ef byimpfisenfnent in the eaunty jail net less than Ei Y. L
beth. commits a Class B misdemeanor. M 'k
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(b) Nothing in subsection (a) of this section applies to any
shefiff, esnetable, `"-- peace officer as defined in ORS
133.005, whose duty it is to serve process or make arrests. L � `
Justices of the peace have concurrent jurisdiction to try any r }Ff
person charged with violatiny any of the provisions of subsection
(a) of this section. (Ord. 73-14 §1(part), 1973). i
�..r' m"_unlawful ed eaffyi pelt the-person ems th n the
maehinev gunk#star-reve�ver e�
r 1 s 111 e r , g t"e same are nu sanees and shad
sur-rendered to the ehie€ e€ peli-ee €ke-payee zt�re€ tem:ron-,Esc y
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�� r yat}en is neeessary-er=PiEeger-to the ends e€ �
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ineffeetlye and 732.126 useless fer the pu ese far- whieh they were
ift the eyen en has been stelen and is thereafter-
Sc v"' the e€ er his transferee, It shall: net be
dent--yed bat shame restered te-its lawful ewne-as secs.-,-as 4ts
use as eyidenee has been served,'RE/Vx 'a ef the
weapen-and-pr-ee€-of awnership. Upon the eer-tlzieate of aarreeit
a• ti t a of h dist-f' t of e t attv m �
e that " d
of jugtiee J5J}}} be sehserved thefeb , suehweapenshall be
eserd d rt3l the neeesity fer it use
7,32.150 Use of air guns and beanshooters. f `
(a) It is unlawful for any person to use, cause to he used or
encourage the use of any air gun, beanshooter, slingshot, bow and � s
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arrow, crossbow, or other similar contrivance, in or upon any
N street, park, lane or alley, or other public place.
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(b) Violation of this section shall be an unclassified
r misdemeanor and upon conviction a fine may be imposed not exceedin
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,M ?> fifty dollars. (Ord. 73-14 §1(part), 1973). -
} ,� sM, 7.32.160 Manufacturing, selling, carrying or possessing slugging � f
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Vr u`Except asprovidedin ORS 166.515 or 166.520, any person who ----
manufactures, causes to be manufactured, sells, keeps for sale,
offers, gives, loans, carries or possesses an instrument or weapon
' having a blade which projects or swings into position by force of
r a spring or other device and commonly known as a switchblade knife :;
or an instrument or weapon commonly known as a blackjack,
slingshot, billy, sandclub, sandbag, sap glove, or metal knuckles, ;
or who carries a dirk, dagger or stiletto, commits a Class A `' ',
misdemeanor. (Ord. 80-14 §1 (part), 1980).
7.32.170 Persons permitted to carry blackjacks. `
(1 ) Peace officers are not prohibited from carrying or .
F possessing an instrument commonly known as a blackjack or billy. its (
(2) As used in subsection (1 ) of this section, the terms ”
' "blackjack" and "billy" do not include an instrument or weapon
commonly known as a sap glove. (Ord. 80-14 §1(part), 1980).
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