Ordinance No. 64-05 r
CITY OF TIGARD$ OREGO,
ORDINANCE No. 64
AN ORDINANCE DEFINING OFFENSES, PROVIDING PENALTIES TtiERE-
FOR AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Definitions
ecrion 1• Def_in�iti_ons.
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 or accommoda-
tion, whether publicly or privately owned, open and avail-
able to the general public. If privately owned, only
ral
during the hours when the public place is open to the gene
public.
(2) As used in this ordinance the singular includes the
plural and the masculine includes the feminine.
Offenses A ainst the public Peace
ith or Section 2: Assault and Battery. No person
eapon attack, assault ior'zout
commit a battery upon any other person.
Section 3: Disorderly Conduct.
(1) No person shall disturb the peace by:
(a) Being intoxicated in a public place.
Participating or abetting in any rude, tadecent,
riotous, drunken or violent conduct in
Using any vulgar, obscene or abusive language in
any public place
(d) Committing any obscene, indecent or immoral act,
in any public place.
(e) Inciting any other person to commit any breach
of the peace.
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ORDINANCE No. 64 -
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(2) No person shall knowingly permit any disorderly con-
duct on any premises owned or controlled by him.
1
Section 4: DisturUance of Lawful Assemblies. inglyriocerrupt,kn°�t-
disturb or annoy any lawful assemblage, either public or private,
by any offensive acts committed within such assembly or so near
I& same as to disturb the order of the meeting.
Section 5: Drinking in Public Place. conNo sume any shall
anyalcoholic liquor
public grounds, or other public place
in or upon any street, alley, p u e by the Oregon
unless such place has been licensed for that p rPos
Liauor Control Commission.
OLienses Against the Public Safe
Section 6: Concealed Weapons._ peacerofficer orthan an ed
person licensed
out his
pursuant to ORS 166.290,�shall_caTrypistol. or other fconcealed on or irearm, or -M
.,,i ve ,
perbui, iia any Ww••• OT ii ii ;.irl:
any knife, other than an or pocket knife, Y s
couldstillebeoi metal knuckles uor anor weapon
propety,the use of which injury
pon
Section 7: Discharge of Weapons.
(1) No person other than an authorized peace officer shall
fire or discharge within the city any air gun or weaponuse which aor
cts
by Force of gunpowder or other explosive, or by
rocket propulsion.
(2) The provisions of this section shall not be construed
to prohibit the firing or discharging of any weapon:
J (a) By any person in the defense or protection of his
property, person or family.
(b) At any place duly designated or commonly used for
target practice.
of Use of Beanshooters. Nonperson shall sem,
Sect�g. - use
any,beanshooter, sling, or similar device or article.
Section 9: Escape of Prisoners from Custody
(1) No person shall aid or attempt to aid in the escape of
d e availAble or provide anything calculated
confined prisoner or mak
to aid in such escape.
(2) 1,10 person shall knowingly aid an escaped prisoner by
# offering shelter, clothing, food or any other thir.g or service
which would aid or abet the escape of such prisoner.
(3) No person shall, while a prisoner in the city jail,
or in any other place where city prisoners are kept or confined,
escape or attempt to escape from such --ustody or confinement.
Section 0: Interference with Police.
(1) No person shall hinder, delay, obstruct or resist or
64
Page 2 - ORDINANCE No. -
y �r..
em
ice
prefuse to assist any ersonolice authority who islacting£inetherdischargeuof his dutyd with
(2) No person shall offer or endeavor to assist any person
in the custodpolice authori £
tyto police£
red
scape orattempt top duly
emsuchecustodyl.
(3) No person shall impersonate, falsely assume or pretend
to be a law en—forcement officer.
(4) No person shall use or permit the use of property for
planniazg or promo �ti^ criminal activities ar violation of city
ordinances.
(S) mn person shall operate any generator or electromagnetic
'disturbance
avepor caufunctioningoff
anypolicesuch mradiouinterferede as to
communicationsystemlth
the
of the city.
(6) No person shall knowingly make or file with the police
lepartnnnt of the city any false, misleading, or unfounded state-
- r--
-, .1 -c!-i axion
went or report concenl;ng the cotmnissiu�i or at,age
of any crime.
Section 11: Fire Control.
(1) No person shall intentionally give any false alarm of
fire or aid or abet in the commission of such an act.
(2) No person at a fire shall an conduct
ordehimself of any in a disorder-
0 manner or refuse to obey promptly Y
the fire department or resist, obstruct or hinder any member of
oses of this
the fire department. For the purp
of the fire department are endowed with the sameasection all members
powers arrest
he
as are conferred upon peace officers for violations of the city
ordinances.
(3) It shall be unlawful for any person to loiter in or
about the building or that part of a building in which the public-
ly owned fire equipment is storeu.
section l2� Narcotics and 3arbiturates. propersauthority,wsellt,t
pose whatsoever any narcotic drug or
use or possess for any gur
barbiturate.
Section 13: Obstructing Passageways.
(1) No person_ shall, except as otherwise permitted by
ordinance, obstruct, cause to be obstructed or assist. in Obstruc-
ting pedestrian or vehicular traffic on any sidewalk or street.
(2) The provisions of this section shall not apply to the
delivery o serchandise or � uipment,torovided t*
remain onaany st no treet or erson all
permit suc
sidewalk beyond a reasonable time.
(3) No person shall, from sunset to sunrise, permit any
merchandise, equipmer_t or other obstruction to remain on any street;
or sidewalk unless a wa sitii ioniastto beor lclearlhts y visible flazed orsach
obstruction in such'a g
distsnce of at least 200 feet both ways. Provided, however, that
page 3 ORDZNANGE No. 64 .'
such obstructions will be allowed only upon express authorization
obtained from the police department when such obstruction will not
unduly hinder or impede traffic.
(4) No person shall use any street or sidewalk or any por-
tion thereof for selling, storing or displaying merchandise or
equipment except as may otherwise be provided by ordinance.
(5) No unauthorized person shall deposit any earth, gravel
or debris upon any street or sidewalk.
Section 14: Removal or Damage of Barricades or Lights. Nounauth�
rized® son shall remove, knock down drive over or damage any barricade
y street,in use on an et sidcru_k c nt-her public property nor re-
move
place-
at
'
move or disturb any light being used as a warning signs.� and niriCcu
.®�
at or upon any street, sidewalk or other public property or place
within the city of Tigard.
Offenses Involving Morals
Section 15: Animals.
(1) No person shall torture, abandon, mutilate or needless-
ly kill any animal or bird; nor shall any person transport or
permit to be transported any animal in a cruel and inhumane manner.
(2) No person shall fail to provide any animal in his
custody with fend, drink, a clean place for habitation and protec-
tion from the elements.
(3) No person shall place or distribute any poison or
other substance with the intent of poisoning any animal, except
those animals commonly recognized as pests or rodents.
Section 16: Burglars' Tools. No person shall possess any burglars'
tools, or implements of any kind
commonly used by burglars in breaking or entering, unless it is
shown that such possession is innocent or "or a lawful purpose.
Section 17: Buying, Receiving or Concealing Stolen Property•
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 18: Disorderly Houses.
(1)- No person shall establish, maintain or aid in the estab-
lishment or maintenance of a disorderly house as that term is
defined in subsection (2) of this section.
(2) "Disorderly house" shall mean any house or place kept
or maintained for the purpose of prostitution, fornication, lewd-
ness, gambling or other immoral purposes, including any place,
room or building used for the consumption, sale or disposition of
narcotic drugs contrary to law.
(3) No person shall knowingly visit or frequent any dis-
orderly house:
(4) No person shall knowingly lease any building under his
control for the purpose of permitting the establishment of a dis-
orderly house. Any person whose property has been leased and is
page 4 -_ORDINANCE No. 64
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i
t
used as a disorderly house shall, upon learning of its use, imme-
diately take appropriate action to oust the occupants thereof.
(5) No person shall solicit or entice another person to
visit or enter a disorderly house.
Section 19: Gambling.
(1) No person shall participate in, operate or assist in
operating any gambling game or activity, including a lottery.
(2) The term "gambling" shall mean the use or possession
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
L!�.•_ L.
® charge 1S male t0 part eiydtc zxiiu Lie wuuu lite wii1"E Is ScicCtcd
primarily on the basis of chance.
(3) No person shall have in his possession any property,
instrument or device designed or adapted for use in any type of
gambling activity. Any such property, instrument or device is a
nus'ss6ii�c and u. be e,� rily seized by any police officer,
Property so'seized
zed shall be placed in the custody of the chief of
police. Upon conviction of the person owning or controlling such
property for a violation of this section, the municipal judge
shall order such property confiscated and destroyed.
Section 20: Immoral Practices.
(1) No person shall willfully and indecently expose his
person in any public place or any place in which other persons
might be offended thereby, or make any exhibition of himself to
public view in such a manner as to be offensive or designed to
excite vicious or lewd thoughts.
(2) No person shall: '
(a) Import, print, publish, sell, lend, give, dis-
tribute or show or have in his possession any lewd, obscene,
or indecent book, magazine, pamphlet, newspaper, picture,
drawing, photograph or other instrument or article of an
obscene or indecent character.
f (b) 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.
(c) Permit any obscene or lewd or immoral writing,
printed matter, paper, picture or photograph to remain on
any interior or exterior wall of any building used by the
public which is under his control or supervision.
(d) 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 super-
vision.
(3) No man and woman not married to each other shall cohabit
together in a lewd or lascivious manner.
Page 5 - ORDINANCE No. 64 -
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(4) No person shall produce or take part in or witness
any show, play, exhibition, entertainment or motion picture which
is of an indecent, lewd, or immural character.
(5) No person shall bathe or swim in any lake, river,
stream, pond, slough or creek or in any public natatorium or
swimming pool where such facilities are simubaneously used bq
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.
(6) No male person shall make improper advances or indecent
remarks or impertinently seek to attract the attention of any female
person upon the streetsorin public places.
(7) No female person shall frequent, loiter, or be employed
in any tavern, cabaret or night club for the purpose of solic.itino
a male person to purchase drinks. No proprietor of any such
establishment shall allow the presence in such establishment of
n<rcnn wt,o violates the provisions of this subsection. Pro-
_ •'•ny
vided, however, that this section shall not apply to female'
persons regularly employed ae barmaids and waitresses.
(8) Except for the lawful occupant of property, no person
shall look into or loiter around or within view of any window or
door of an occupied residence with the intent of invading the
privacy of another.
Section 21: Prostitution.
(1) No woman shall, without or with 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 person 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, entice or attempt to
entice any female person to become a prostitute or to enter a
place of prostitution.
(6) In all prosecutions under this section common fame or
reputation shall be competent evidence.
Section 22- Defrauding of Innkeepers.
(1) No person shall, with intent to defraud, obtain any
food, lodging, orother 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,
Page 6 - ORDINANCE No. 64 - ,. _
boarding house, tourist camp, trailer camp or restaurant without
first paying or tendering payment for such food, lodging or other
accommcdr.;tion.
Section 23: Lodging 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 plat- :where trar"" '•s are accommo-
dated in the city, any other or di gent ncaee �11 .esignation
than
the
name or designation designation
fperson the
whichsuch erson is generallyd
orthe
known.
other ^^ in charge of
(2) No proprietor, m6.-ieg=L cr r - -__
a hotel, lodging house, rooming house or other place where tran-
sients are accommodated shall:
(a) Rent or assign rooms for joint and private occu-
pancy by persons or the �YpoSi,a sex
1... giinh persons
shall be registered as husband and wife,�or-as parent and
minor child.
Rent or assign rooms for joint and private occu-
pancy by persons of the opposite sex if, notwithstanding
the lawful appearance of the registration, he has reasonable
cause to believe such transients are not husband and rife
or parent and minor child.
Section 24: 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 "occu ' means the use or practice of
fortune-telling astrology, phrenology, palmistry, clairvoyance,
lt are
ctices gen
mesmerism, spiritualism or any other practice or pra
eraily recognized to be unsound and unscientific whereby an
attempt or pretense is made:
(a) To reveal or analyze past incidents or events.
(b) To analyze or define the character or personality
of a person.
(c) To foretell or reveal the future.
(d) To locate by such meads, lost or stolen property.
71 (e) To give advice or information concerning any
matter or event.
(3) Nothing contained in,this section shall be construed
to prohibit or prevent:
' (a) Any duly organized and recognized religious or-
ganization which promulgates religious teachings or beliefs
involving spiritualism or similar media from holding their
regular meetings or services.
64
page 7
ORDINANCE No. -
(b) Any school, church, fraternal, charitable or other
benevolent organization from utilizing occult arts for ary
bazaar or money-raising project, provided that all money
so received is devoted wholly and exclusively to the organi-
zation sponsoring such iffair. In such case the money so
received shall be considered as a donation for benevolent
and charitable purposes.
Section 25: Vagrancy.
(1) No person shall be a vagrant as that term is definedUn
subsection (2) of this section.
MN ('Vagrant'- shall mean:
(a) Every person without visible means of livelihood,
who has the physical ability to work, and who does not for
the space of 10 days seek employment, nor labor when employ-
ment is offee'
rw -im.
(b) Every beggar.
(c) Every idle or dissolute person, or associate of
known thieves, who wanders about the streets or highways
at late or unusual hours of the night, or who lodges in
any place other than sup:h as is kept for lodging purposes,
without the permission of the owner or party entitled to
the possession thereof.
(d) Every lewd or dissolute person who lives in or
about a disorderly house, as defined by this ordinance.
(e) Every prostitute.
(f) Every person who conducts himself in a disorderly
manner as defined in Section 3 of this ordinance.
(g) Every person upon whom or in whose possession
shall be found any implement that is usually employed or
that reasonably;;may be inferred to have been designed to be
employed in the commission of any ffpl7nYtomisdemeanor
accountsatis-
ordinance violation, and who shall
factorily for the possession of the same.
(h) Every person who keeps or maintains a place or
establishment where lost or stolen property is concealed.
(i), Every person who by the com<eon law is classified
sas a vagrant whether included in the foregoing classifica-
tion or not.
Offenses A rinst Property
0 or
Sect 26: Trespass. ulpopersoTndamage anyshallnreallorgpersonalspass
property belonging to the city of Tigard or any person within the
city.
No Sectio—: 'Destruction of Official NoCices and Si s' shallrson
willfully deface or tear down any official notice or bulletin or
:,nal posted or placed in conformity with
any official sign or sig
the law.
Page'8 ORDINANCE No. 64 - ,,
Section 28: Injury to or Removal of Property .
(1) No person shall willfully or negligently cut, remove,
deface hn orwith
manner out the corporate l or
property
ofthe city within
(2) No person other than a properly authorized employee
of the city shall willfully or negligently cut, destroy, remove,
or injure any plant, flower, shrub, tree or bush growing or stand-
ing upon any street or alley in the city or upon any property
owned or controlled by the city witnin or without the corporate
limitsiprovided, however, this section shall not be construed to
prohibt the owner of lain injuring or removing anon any y treeet rorltrees
from cutting, trimming, j g _-A.4ning and
�r^::ing or standingthe street or alley
immediately adjacent to his property.
(3) No person shall
y reyireter h
or will-
f»llt,rPak or destroy any PoprtYsealorpersonal, belonging
to or under the control of another.
Section 29: Sidewalks.
(1) No person or group of persons upon any sidewalk shall
so gather or stand as to prevent, impede or obstruct the free
passage of pedestrian traffic.
(2) No person or persons shall fail or refuse to disperse
when lawfully ordered to do so by any police officer.
(3) No person shall permit any cellar door or grate loca-
te d
ocated 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 propersafeguardsto protect pedestrians using such
sidewalk.
(4) No person shall lead, ride or allow any goat, horse,
cow, sheep, swine or similar animal upon ar-y 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.
Section 30s Takin Retention or Mutilation of Public Records.
(1) Na person shall withoutproper take or re-
ertorP
Kind
or ersonal property
move any pu public
recorthedocument, book, pap
of any y
(2) No person without proper authority shall mutilate or
destroy any public record, document, book, or paper on file or
kept on record in any public office of the city.
(3) No person shall retain any public record, document,
demand has been made for the return
book or paper after lawful
thereof.
Offenses A ainst the Public Health
Sect_ Expectoration. sidewalknorhstreetFortonaor inoanyny
public bttilding or public place except in receptacles provided
for that purpose.
Page 9 - ORDINANCE No. 64
4V' C
Section32: Stench Bombs. No person other than a peace officer
actino in line of duty shall in any
manner deposit upon the person or property of another any liquid,
gaseous or solid substance which is injurious to person or proper-
ty. No person shall attempt or aid in the attempt or commission
of any such prohibited act.
Offenses Affecting Minos
Section 33: Causing to Become Delinquent or Dependent.
(1) The definitions of "delinquent child" and "dependent
child" as set forth in ORS 419.502 and 419.102 respectively are
hereb; adopted by reference and made a part of this ordinance.
�1 an�ourage, cause or contribute to the
(2) No person, s.=a�
delinquency of any child, or shall command or by threat or per of
crse
onductinduce
which wouldchild
causepsuch ld toact
becomeloraantend tobecome
a delinquent child.
(3) No person shall by any willful act or by failure to
perform any duty cause or tend to cause any child to become a
dependent child.
Section 34: Childr , Confined in Vehicles. It shall be unlawful
fox any person who
has under his control or guidance any minor child under eight
years of age to at any time lock or confine, or permit to be
locked or confined, or leave unattended, such child in any autome-
bile, stag( , 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.
It shall be lawful and the duty of any policeman or other
peace officer, finding a child or children confined in violation
of the terms of this ordinance, to enter Bach 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 35: 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 18 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 or permit to be employed therein any
minor under the age of 18 years; provided nothin in this section
shall be construed to forbid minors under the conditions hereinaf-
ter specified from passing to and from a billiard hall, pool
hall or cardroom when necessary so to do in entering or leaving
a regularly established bowling alley.
,. Section 36: Minors in Bowling Alleys-
(1) No minor under the age of 18 years shall engage in
any game of bowling or be a spectator at such game, and no person,
either as owner, lessee, keeper or employee, of any bowling alley,
shall permit a minor under the age of 18 years to engage in any
Page 10 = ORDINANCE No. 64 -
game of bowling or to loiter or remain in any bowling alley where_
said bowling is done, or said alley is operated in connection
i with a pool hall, billiard hall, or tavern in wh"'s h beer is sold
and consumed on the premises. Nothing in this acr. Shall prevent
any person of any age from engaging or permitting another to
engage in bowling in a bowling alley operated exclusively for
that purpose and wherein beer is not permitted to be sold and
i.
consumed on the premises.
(2) Neither this section nor Section 35 shall be construed
` to prohibit the employment of or performance of employment by
' minors over the age of 16 years as pin setters in any bowling
alley during the hours that the bowling alley shall remain open,
provided, that said minor shall first obtain the written consent
i' or his parent or guardian to be so employed.
Penalties
Section 37: Penalties. Any person violating any of the provisions
of this ordinance shall, upon conviction
thereof, be punished by imprisonment in the city jail for a period
not to exceed 30 days, or by a fine not to exceed $500, or both.
General
Section 38: Separate Violations. Each violation of a provision
of this ordinance shall consti-
tute a;separate offense.
Section 39: Severability. The sections and subsections of this
t ordinance are hereby declared severable.
Y The invalidity of any one section or subsection shall not affect
the=validi- of the remaining sections or subsections.
t
Section 40 It is hereby declared that an emergency exists and
that the immediate enactment of this ordinance is
necessary for the preservation of the peace, health and safety of
the city of Tigard, to de€fse certain offenses and provide penal-
ties therefor, and this ordinance shall become effective immediately
upon its passage by the council and its approval by the mayor.
PASSED: By unanimous vote of all council members present,
after bei g first read in full and then by title,
this day of #, 1964.
:k
Rec 'er - y o gar
ce
APPROVED: By the Mayor, this day ofW4, 1964.
° yor
ty oF T gar
a
rf
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