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Ordinance No. 66-34 CITY OF TIGARD, OREGON ORDINANCE No. 66- 34 AN ORDINANCE PROVIDING A POLICE CODE FOR THE CITY OF TIGARD; DEFINING TERMS; PROHIBITING CERTAIN ACTS OR OMISSIONS AND MAKING SAME UNLAWFUL; PROVIDING FOR MAINTENANCE AND HANDLING OF PRISONERS; PROVIDING PENALTIES AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: AR^iICLE I - DEFINITIONS Section 1: SHORT TITLE This Ordinance shall be known as the "Police Code of the City of Tigard", and may be so cited and pleaded. Section 2: OFFENSES The doing of any act or thing prohibited, or the failure to do an act or thing commanded to be done, by this Code within the corporate limits of the City of Tigard, is hereby declared to be an offense against the public peace, safety, health, morals and general welfare of the people of the City of Tigard. Section 3: TERMS (1) As used in this Ordinance, except where the context indicates otherwise, the following shall mean: a) City - The City of Tigard b) Council - The City Council of the City c) Minor - Any person under the age of 21 years, except as otherwise provided. d) Person - Every natural person, firm, partnership, association or corporation. e) Public place - Any building, place of accommodation, street, alley, highway, grounds, park, recreation area, and all other places, whether publicly or privately owned, open and available to the general public. If privately owned, only during the hours when the public place is open to the general public, shall such place be within this definition. f) Dangerous or deadly weapon - Any firearm, dirk, ( dagger, knife, brass knuckles, sap, sling shot, or any similar instrument capable of injuring persons or property. g) Firearms - Any pistol, revolver, gun, rifle, cannon, artillery piece or other ordnance, including any miniature ORDINANCE No.66 34 Page 1 - Art. I Definitions POLICE CODE weapon, which acts by force of gunpowder or other explosive, including any instrument or device designed to propel any Cmissile by the use of jet or rocket propulsion.h) Peace officer - Any sheriff of a county, constable of a precinct, marshal, or an officer of the Police Depart- ment, or an officer of the Fire Department. i) Air Gun - Any small gun or rifle capable of dis- charging a leaden or metallic bullet, or any pellet capable of injuring persons or property, by means of a spring or air pressure. j) Parks - Land placed under the jurisdiction of the Park Department, including privately owned land, the use of which has been granted to the city .for park or recreational purposes within the city limits, provided, further, that such definition shall also include, and this Code shall apply to, publicly or privately owned land located without the limits of the City of Tigard which is placed under the jurisdiction of the Park Department for park or recreational purposes. E E F (2) As used in this Ordinance, the singular includes the plural, and the masculine includes the feminine. ORDINANCE No. 66- 34 POLICE CODE Page 2 - Art I Definitions ARTICLE II - SAVING CLAUSE; CONSTITUTIONALITY If any clause, sentence, paragraph, section, article or portion of this Code for any reason shall be adjudged invalid by a court of competent ,jurisdiction, such ,judgment shall not affect, impair or invalidate the remainder of this Code but shall be confined in its operation to the clause, sentence, paragraph, section or por- tion of this Code directly involved in the controversy in which ,judgment is rendered. ARTICLE III - PENALTIES Section 1: FINE AND IMPRISONMENT Except as otherwise expressly provided in any section of this Code, any person violating any provision of this rode shall upon conviction thereof be punished by a fine of not exceeding $500., or by imprisonment for a period not exceeding six (6) months, or by both such fine and imprisonrent. Section 2: WORKING MALE PRISONERS Any male person sentenced to imprisonment for a violation of any Code or Ordinance of the City of Tigard, or imprisoned for the nonpayment of any fine imposed for the violation of any such Code or Ordinance, shall be subject and liable to work upon the public squares , parks, streets, or other property of the City, or of which the City has charge or control, and the Chief of Police is authorized and empowered to work such prisoners in, about, and in connection with any of the aforesaid places. All prisoners while so laboring and while detained at such place of labor, and at all times, shall be in the custody and under the supervision and control of the Chief of Police. Section 3: WORKING FEMALE PRISONERS Any female prisoner sentenced to imprisonment for a violation of any Code or Ordinance of the City of Tigard, or committed to prison for the nonpayment of any fine imposed for the violation of such Code or Ordinance, shall be subject and liable to work and labor at sewing, or any other suitable employment, and the women's protect- ive division is authorized and empowered to work such prisoners at sewing, or any other suitable employment for said prisoners. Section 4: CREDITS FOR GOOD BEHAVIOR All persons in custody of the Chief of Police for the purpose of serving jail sentences imposed by the Municipal Court or who are in hic custody for non-payment of fines imposed by such court for violation of City Codes or Ordinances and also all persons in custody of the Chief of Police by virtue of a judgment of the Cirtuit Court of the State of Oregon for Washington County In cases appealed from the Municipal Court to said Circuit Court, shall be entitled to ORDINANCE No.66 - 34 ' POLICE CODE - Art. II - Saving Clause RR Page 1 Art. III - Penalties credits for good behavior and for special work performed under the direction of the Chief of Police and for the City as follows: C (a) Prisoners confined in jail and who are assigned no special duties or who refuse to do special work upon request shall be entitled to credits for good behavior as follows: 1. Where the ,judgment imposes a jail sentence: One day for each 10 days of such sentence shall be credited to the prisoner. 2. Where the judgment imposes a fine: $5. for each $50, of such sentence shall be credited to the prisoner. The aforesaid credits shall be allowed as a matter of course except in cases where in the judgment of the Chef of Police the prisoner's conduct has been such as not to entitle him to said credits, and in such case a notation shall be made on the defendant's record to that effect. (b) Prisoners who perform special work for the City shall be entitled to credits as follows: 1. Where the judgment imposes a jail sentence: The prisoner shall be allowed a credit of one (1) day for each day's work so performed. 2. Where the judgment imposes a fine: The prisoner shall be allowed a credit of $5. for each day's work per- formed, in addition to the $5. allowed by law. ;. Where a Prisoner performs work in cleaning and washing the oerson and clothing of E and unsanitary prix- oners, he shall be allowed one-half al's credit for each prisoner cleaned us, in _addition to other credits allowed by law. 4. Where it becomes necessary to request a prisoner to work additional hoursafter a p_risonehhias already performed a da 's work, he shall be allowed ii—credit of one-hall— in addition to other credit allowed b1 law.— 5. Where it becomes necessary to have orisoners perform their work in the night time, there shal be allowed a credit of one-half day in addition to other credit allowed by law. 6. The American Red Cross from time to time has requested donations of blood from prisoners. There shall be ai- lowed five days' credit for each donation of bblood,in addition other credit allowed byr law. In the event a prisoner escapes or attempts to escape fror.: custody or violates any law while in custody, no credits whatsoever shall be allowed such prisoner. All prisoners assigned to special work shall be confined in the City Jail designated by City Ordinance, except during the time actually engaged in such work. ORDINANCE No. 66 - 3a POLICE CODE - Page 2 - Art. III - Penalties I i No credits other than those set forth herein shall be allowed prisoners. Notwithstanding the foregoing, prisoners serving sentences In the County Jail of Washington County, Oregon, shall be entitled to the credits for good behavior provided by the general statutes of Oregon applicable to state or county prisoners. Any person violating any of the rules or regulations of the City Jail shall not be entitled to any credits. The Chief of Police shall, however, have power to restore credits for such reasons as may to him seem proper. It shall be the duty of the Chief of Police to report to the Mayor of the City of Tigard at the end of each month the number of prisoners confined in the City Jail, together with a statement of the allowance of credits as provided for in this Code. The Chief of Police shall have authority to release any person confined to the City Jail upon the expiration of his term of sentence as provided herein. 1 N' t 5 ORDINANCE No.6614 POLICE CODE - Page 3 - Art. ill Penalties k r ARTICLE IV - OFFENSES AGAINST PERSONS - GENERALLY _Section 1: _ASSAULT AND BATTERY No person shall with or without a weapon, attack, assault or commit a battery upon any other person. Section 2: DRAWING DANGEROUS WEAPON It shall be unlawful for any person, except a peace officer, to draw any dangerous or deadly weapon upon the person of another. Section 3: DEFAMATION Pursuant to Section 221.330 Oregon Revised Statutes, the following sections of Oregon Revised Statutes are hereby adopted to the same legal force and effect as though set forth herein in full: n Section 163.410 - Libel and Slander; penalty _ for broadcastin7, or publishing defamatory material. Section 1.63.420 - Truth as a defense in libel actions; presumption of malice. _Section 4: TAKING OF PERSONAL PROPERTY FROM PERSON OR CUSTODY y OF ANOTHER PROHIBITED It shall be unlawful for any person, other than a Police Officer, acting officially, a licensed physician, the coroner or his deputies, employes or authurized personnel at the receiving ward or office of a hospital, jail or other institution for treatment or detention, or a mortuary, to remove or takevny money or other valu- ables or personal effects from the person or personal custody of another, living or dead, whether or not such removal or taking is made to obtain payment for alleged services performed or to be per- formed, hire er-formed,' hire of ambulance or other conveyance or otherwise. Such property taken from the person or custody of any person who is injured orillor from the body of any deceased person shall be marked and t deposited in a suitable place for safe keeping and a duplicate record of such deposit shall be delivered to the person from whom it has been taken or, in case of death, to his next of kin, legal represent- ative or the county coroner. Section 5: MASHING It shall be unlawful, insolently or without cause, to accost a female to commit the act commonly known as mashing. Section 6: USE OF SIDEWALKS 1„ No person or group of persons upon any sidewalk shall ,s so gather or stand as to prevent, impede or obstruct the free passage of pedestrian traffic, C ' 2, No person or persons shall fail or refuse to disperse when lawfully ordered to do so by any police officer. Al ORDINANCE No. 66_ 34 POLICE CODE Page l Arta IV Offenses_Against Persons f f 3 3, No person shall permit any cellar door or grate located in or upon a sidewalk to remain open except when such entrance is being used, and when being used, such entrance shall be opened only with proper safe- guards to protect pedestrians using such sidewalk, 4. No person shall lead, ride or allow any goat, horse, cow, sheep, swine or similar animal upon any sidewalk within the City; nor shall any person tie or fasten such animal in such manner as to permit it to go upon any sidewalk. x� s �j amu... fix* ORDINANCE No.66 34 POLICE CODE - Page 2 Art IV OFFENSES AGAINST PERSONS rd ARTICLE V - OFFENSES AFFECTING 14INORS Section 1: CAUSING DELINQUENCY OR DEPENDENCY 1. The definitions of "delinquent child" and "dependent child" as set forth in QRS 419.502 and 419.102 respectively are hereby adopted by reference and made a part of this Ordinance. 2. No person shall encourage, cause or contribute to the delinquency of any child, or shall command or by threat or persuasion induce any child to perform any act or follow any course of conduct which would cause such child to become or tend to become a delinquent child. 3. No person shall by any wilful act or by failure to per- form any duty; cause or tend to cause any child to become a dependent child. Section 2: CONFINING CHILDREN IN VEHICLES 1. It shall be unlawful for any person who has under his con- trol or guidance any minor child under eight years of age to at any time lock or confine, or permit to be looked or confined, or leave unattended, such child in any automobile, stage, coach, bus or other vehicle or place upon the streets, alleys or ways of or within the City of Tigard, for a period of time longer than 30 minutes. 2. It shall be lawful and the duty of any police officer or other peace officer, finding a child or children confined in violation of the terms of this Ordinance, to enter such automobile, stage, coach, bus or other vehicle and remove such child, such officer having the right, if necessary, to break the doors or windows of such vehicle in order to save the life of such child or to save such child from great mental or physical suffering. Section 3 MINORS IN POOL HALLS No person as owner, lessee, keeper or employe of any billiard hall pool hall, or cardroom, shall permit any minor under the age of 16 years to loiter or remain or engage in any game of billiards, pool or cards in any billiard hall, pool hall or cardroom, or to employ ui permit to be employed therein any minor under the age of 18 years; provided nothing in this section shall be construed to forbid minors under the conditions hereinafter specified from pass-- ing to and from a billiard hall, pool hall or cardrnom when necessary -so to do in entering or leaving a regularly established bowling alley. Section 4: MINORS SELLING OR SERVING SPIRITOUS, VINOUS OR MALT 'LIQUORS --it shall be unlawful for any person to permit or employ any person under 21 years of age to sell or to serve spiritous, vinous ORDINANCE No.66 - 34 PC LICE CODE - Page I - Art. V - Offenses Affecting Minors 4 V w E or malt liquors in any place where such liquors are to be drunk on the premises, and it shall be unlawful for any person under 21 years of age to sell or serve spiritous, vinous or malt liquors in any place wheresuch 1Aquors are to be drunk on the premises. Section 5: ABANDONED, UNATTENDED OR DISCARDED ICE BOXES It shall be unlawful for any person to place, leave, or maintain in a place accessible to children, any abandoned, unat- tended, or discarded ice box, refrigerator or other container of any kind which has an airtight door with snap-lock or other lock or mechanism which may not be released for opening from the inside of said ice box, refrigerator or container without first removing from the said ice box, refrigerator or container the said snap-lock, or other lock, or mechanism, or removing the said airtight door. Section 6: SALE OF TOBACCO TO 'MINORS Any person who sells, barters, trades, gives or in any manner furnishes to any minor under the age of 18 years, for his own con- sumption, any tobacco, cigars or cigarettes in any form, or any compound in which tobacco forms a component part, shall be fined upon conviction not less than $5• nor more than $50. Section 7: USE OF TOBACCO BY iAINOR IN PTJBLIC PLACE Any minor under the age of 18 years who smokes, uses, or is in possession of any cigar, cigarette, or tobacco in any form in any public highway, street, or place; or any proprietor, clerk, assist- ant- or employe of any place of business who permits any minor under 18 years of age to frequent such place of business while such minor is using or smoking any cigar, cigarette or tobacco in any form, shall be punished upon conviction by a fine of not more than $5• for each offense, or by imprisonment for not more than. two (2) days for each offense. Section 8: MINOR MISREPRESENTING AGE IN ORDER TO GAMBLE Any minor who represents and pretends to the owner, lessee, proprietor or employe of any place enumerated in ORS 167.295, that he is 21 years of age or older, for the purpose of inducing such person to permit him to engage in any of the games - umerated in ORS 167.295, shall be punished upon conviction by a fine of not less than $10. nor more than $100. Section 9: FALSELY REPRESENTING AGE Any person under the age of 21 years who represents falsely that he is of any age other than his true age for the purpose of securing any right, benefit or privilege which by law is denied to persons under the age of 21 years, shall be punished upon conviction by a fine of not more than $50. or by imprisonment in the City Jail for not more than 30 days, or boxh. .. Section 10: THIRD PERSON FALSELY REPRESENTING AGE OF MINOR t Any person who represents falsely a person under the age of 21 years to be of the age of 21 years or over for the purpose of securing or assisting such person in the securing of any right, ORDINANCE No. 66- 34 POLICE CODE - Page 2 - Art. V - Offenses Affecting Minors benefit or privilege which by law is denied to persons under that age, shall be punished upon conviction by a fine not exceeding $50, or by imprisonment in the City Jail for not more than 30 days, or both, �r ORDINANCE No. 66- 34 POLICE CODE Page 3 Art V Offenses Affecting Minors k aa ARTICLE VI - OFFENSES AGAINST PUBLIC PEACE AND SAFETY Section 1: DISORDERLY CONDUCT (1) No person shall disturb the peace by: a) Being intoxicated in a public place b) Participating or abetting in any rude, indecent, riotous, drunken or violent conduct c) Using any vulgar, obscene or abusive language in any public place. d) Committing any obscene, indecent or immora_ act in any public place e) Inciting any other person to commit any breach of the beace. (2) No person shall knowingly permit any disorderly conduct on any premises owned or controlled by him. Section 2: DISTURBANCE OF LAWFUL ASSEMBLIES (1) Any person who wilfully disturbs, interrupts of disquiets any assembly or congregation of people met for religious worship in a house or the open air, by uttering any profane discourse, commit- ting any rude or indecent act, or making any unnecessary noise within the place where the meeting is held or so near the meeting as to disturb its order and solemnity, or by exposing for sale or gift any intoxicating liquors or drinks within two miles of the place where any such assembly or congregation is actually convened for religious worship, and in a place not duly licensed therefor, and in which such person has not usually resided and carried on such business, shall be punished upon conviction by imprisolment in the City Jail for not less than one month nor more than six months, or by a fine of not less than $10. nor more than $200. (2) Any person who wilfully disturbs or breaks up any public meeting or assembly of people other than those mentioned in Pana- graph l) of this section, lawfully met together for a lawful purpose, in a house or the open air, shall be punished upon conviction by imprisonment in the City Jail for not less than one month nor more than three months, or by a fine of not less than $10, nor more than $100. Section 3: INTOXICATION IN PUBLIC PLACE - DRINKING (generally) (1) It shall be unlawful for any person lawfully possessed of a retail beer license to serve wine or beer for immediate con- sumption to a person or persons seated in automobiles. (2) It shall be unlawful for any person to drink alcoholic liquor containing more than 4 per cent of alcohol by weight in any public auditorium or stadium, public park, public baseball stadium, grandstand or bleachers, or upon an;, public street or highway. ORDINANCE No.66 34 POLICE CODE - Page 1 - Art. VI - Offenses Against Public Peace and Safety (3) It shall be unlawful for any person to drink or consume any alcoholic liquor in or upon any street, alley, public grounds, or other public place un less such place has been licensed for that purpose by the Oregon Liquor Control Commission. (4) Any person who enters or is found in a state of intoxi- cation upon any railway engine , railway car, railway train, air- craft, boat, landing wharf or depot of any common carrier, or on any highway or street, or in any public place or building, or any person who creates, while in a state of intoxication, any disturb- ance of the public in any private business or place, shall be pun- ished upon confiction by a fine of not less than $5. nor more than $100., or by imprisonment in the City Jail for a period not exceeding 50 daysg or both. Section 4: INTERFERENCE WITH POLICE (1) No person shall hinder, delay, obstruct or resist or refuse to assist any police officer or person duly empowered with police authority who is acting in the discharge of his duty. (2) Noperson shall offer or endeavor to assist any J person in the custody of a police officer or a person duly empowered with police authority, to escape or attempt to escape from such custody. (3) No person shall use or permit the use of property for planning or promoting criminal activities or Y violation of City ordinances. (4) No person shall operate any generator or electro- magnetic wave or cause a disturbance of such magnitude as to interfere with the proper function- Ing of any police radio communication system of the City. Section 5: DISCHARGE OF WEAPONS K� (1) No person other than an authorized peace officer shall s fire or discharge within the City any gun or weapon which acts by force of gunpowder or other explosive, or by the use of jet or rocket propulsion. (2) The provisions of this sectiorgshall not be construed to prohibit the firing or discharging of any weapon: a. By any person In the defense or protection Uof his property, person or family. b. At any place duly designated or commonly used for target practice. ORDINANCE No. 66- 34 POLICE CODE - Page 2 - Art.VI - Offenses Against Public Peace and Safety t ams,i R Section 6; CONCEALED WEAPONS (1) Any person who carries concealed about his person in any manner, any revolver, pistol, or other firearm, any knife, other than an ordinary pocketknife, or any dirk, dagger, slingshot, metal knuckles, or any instrument by the use of which injury could be inflicted upon the person or property of any other person, shall be punished upon conviction by a fine of not less than $10. nor more than $200., or by imprisonment in the City Jail not less than five (5) days nor more than 100 days, or both. (2) Nothing in Paragraph (1) of this section applies to any sheriff, constable, police or other peace officer, whose duty it is to serve process or make arrests, Justices of the peace have concurrent ,jurisdiction to try any person charged with violating any of the provisions of Paragraph (1) of this section. Section 7: AIR GUNS (1) It shall be unlawful for any minor in,, the City of Tigard, to have in his possession, carry or M = discharge any air gun. (2) It shall be unlawful for any person to give, yell, or otherwise dispose of, any air gun to any minor. (3) It shall be unlawful for any parent or guardian of any minor to permit such minor to have in his or her possession, carry or discharge any air gun. _ Section $: BEANSHOOTERS It shall be unlawful for any person to use, cause to be used or encourage the use of an beanshooter, slingshot or other g a Y , g� similar contrivance, in or upon any street, park, .lane or alley, or other public place. r% Section 9 WEAPONS SEIZED (1) Seizure of Weapons. it shall be the duty of every Police NO Officer to seize and take possession of any dangerous or deadly weapon being carried or used in an unlawful manner or for an unlawful purpose by any person. The Police Officer taking possession of any such dangerous or deadly weapon shall immediately turn the same over to the Chief of Police, who shall hold it subject to disposal as r, hereinafter provided. (2) Disposition of Seized Wea cna. If any person from whom Y f , provided in (1), shall any dangerous or dead weapon is .,aces as within ninety (90) days make satisfactory showing to the Judge of the Municipal Court that said dangerous or deadly weapon was i being sy, lawfully carried or used, said ,judge shall issue an order to the Chief of Police to restore such dangerous or deadly weapon to said ORDINANCE No.66- 34 POLICE CODE - Page 3 - Art.VI - Offenses Against Public Peace and Safety 64 person, and thereupon it shall be the duty of the Chief of Police to comply with said order. If the person from whom any such danger- ous or deadly weapon is taken as provided herein shall fail to make such satisfactory showing to the ,judge of the Municipal Court within the time provided above, then such dangerous or deadly weapon shall be and the same hereby is declared to be confiscated, and all such confiscated weapons shall be kept and disposed of by the Chief of Police in such manner as he may hereafter be directed by the City Council of Tigard. Section 10: DANGEROUS OR DEADLY WEAPON - POSSESSION BY MINORS It shall be unlawful for any person to give, furnish, loan or sell to any minor under 18 years of age any dangerous or deadly weapon as defined in this Code; it shall be unlawful for any such minor to have any such dangerous or deadly weapon in his or her possession and it shall be unlawful for any parent or guardian of any minor to permit such minor to have such a dangerous or deadly weapon in his or her possession. ■� Section 11: BURGLARS' TOOLS it shall be unlawful for persont0 possess on to have possessed burglars' tools, orimplementsof any kind commonly used by burglars in breaking or entering houses, who does not have or fails to disclose lawful purpose for possession of said tools. Section 12: FALSE FIRE ALARM It shall be unlawful for any person to give or cause to be given an alarm of fire without having reasonable grounds for giving such alarm. Section 13: FALSE POLICE REPORTS It shall be unlawful for any person to give or cause to be given to the Police Department, or any officer thereof, a false statement, report or call to the effect that a felony or misdemeanor has been committed or is about to be committed, knowing, that such felony or misdemeanor has in fact not been committed or is not about to be committed. Section 14: MASK OR DISGUISE It shall be unlawful for any person, at any time to be upon the streets of the City of Tigard, or in any public place, in a mask or other disguise so arranged as to conceal the head, face or features, or any part of the face or features; provided, however, that this shall not apply to any costume or make-up used in a circus parade or other parade using the streets or any public place under authority of the Council. Section 15: FALSELY ASSUMING TO BE AN OFFICER It shall be unlawful for any person to assume to be, or to act as a peace officer, or to wear the star of any such officer, or the adopted uniform of the Police Officers of the City of Tigard, or any star or uniform similar thereto, unjtec;8 such person is duly authorized. ORDINANCE No.66- 34 POLICE CODE - Page 4 Art. VI - Offenses Against Public Peace and Safety Section 16: CLIMBING ON OR TAMPERING WITH AUTOS It shall befinlawful for any person, except a peace officer, without the consent of the owner or person lawfully in charge of + any motor vehicle, to climb upon or into such motor vehicle, whether same be at rest or in motion; or, while such motor vehicle is at rest or unattended, attempt to manipulate any of the levers, the starting crank or other device, brakes, or mechanism, or to set said vehicle in motion, or to remove therefrom any article or thing whats,:ever. Section 17: ENTRY OF BUILDINGS BY CITY OFFICERS AND EMPLOYES Any duly authorized officer or employe of the City of Tigard may enter any building, other than a private dwelling, during business hours for the purpose of inspection or of enforcing any Ordinance, when such inspection or enforcement is in the line of duty, and it shall be unlawful for any person to refuse admission to any such officer or employ or to obstruct him in the performance of his duty. SeuLlon 18: INTERFERING WITH EIti1EHGENCY WORK NO unauthorized person shall stop or remain in the vicinity of any fire, explosion, accident, collision, cave-in, or other emergency or disaster, or where such emergency or disaster is threatened, or in the vicinity of any riot, affray or arrest, when his presence may be unsafe to himself or others, or may interfere with rescue, fire fighting or other officiate work, after being notified by a peace officer or fireman to move to a place where there will be no such interference or danger. Section 19: ESCAPE OF PRISONERS FROM CUSTODY (1) No person shall aid or attempt to aid in the escape of a confined prisoner or make available or provide anything calcu- lated to aid in such escape. (2) No person shall knowingly aid an escaped prisoner by offering shelter, clothing, food or any other thing or service which would aid or abet the escape of such prisoner, (3) No prson shall, while a prisoner in the City Jail, or in any other; place where city priscners are kept or confined, escape or attempt to escape from such custody or confinement. Section 20: NOISES It shall be unlawful for any person to create, assist in creating, permit, continue, or permit the continuance of any un- reasonably loud, disturbing, or unnecessary noise. Section 21: PERMITTING VICIOUS ANIMALS TO BE AT LARGE Any person who, being the owner or having the control of any dangerous or vicious animal and knowing such animal to be dangerous or vicious,wilfully or negligently permits the animal to be at large in any neighborhood or on any public highway, shall be punished upon conviction by a fine of not less than $10. nor more than $50. ORDINANCE No.66- 34 POLICE CODE_- Page 5 - Art.VI - Offenses Against Public. Peace and Safety Section 22• PEDDLING ("GREEN RIVER ORDINANCE") The practice of persons of going in and upon private prop- erty or calling at residences in the City of Tigard, Oregon, by solicitors, peddlers, hawkers, itinerant merchants, transient vendors of merchandise, and transient photograph solicitors, not having been requested or invited so to do by the owner or owners, occupant or occvnants of said private residences, for the purpose of soliciting orders for the sale 6f goods, wares and merchandise and/or for the purpose of disposing of and/or peddling or hawking the same, or soliciting orders for photographs, is hereby prohibited. (See Phillips v. City of Bend 192 Or. M) Section 23: STREET OR SIDEWALK BOOTHS AND STANDS a) It shall be unlawful for any person to place or cause J to be placed any booth, stand, platform, table or device of similar construction upon any street, sidewalk, alley, or public way or place, in the City of Tigard, except as hereinafter provided. b) When any person desires to place any such booth, stand, platform, table or device of similar construction upon any street, sidewalk, alley o2` publio way or place, in the City of Tigard, for } the purpose of aiding or furthering a natter of generally recog- nized community interest, such person shall apply to the City Recorder for authority so to place such booth, stand, platform, table or device of similar construction. Such person shall have the right to appeal to the Council from the ruling of the City Recorder. s Section 24: OBSTRUCTING PASSAGE It shall be unlawful for any person to stand upon any street or sidewalk so as to obstruct the same, or to hinder, interfere with, obstruct or inconvenience the passage of any vehicle or pedestrian, or any traffic, thereon. Section 25: OBSTRUCTIONS. (generally) fl) Except as otherwise by ordinance provided, it shall be unlawful for any person to obstruct any street, sidewalk, cross- walk, bridge or bridge approach, or any part thereof, or to place or cause to be placed, or permit to remain therein or thereon, anything whatsoever tending to obstruct or interfere with the full and free use of such street, sidewalk, crosswalk, bridge o • bridge approach or other public way, or in any degree interfere with the normal flow of pedestrian and/or vehicular traffic; or to erect, place or maintain any building, wall, structure, or anything whatsoever in or upon any street, or upon any street or sidewalk area. (2) The provisions hereof shall not apply to merchandise in course of receipt or delivery, provided that no such merchandise shall be permitted to remain upon any street, sidewalk, or other public way for a period longer than two (2) hours, nor to fuel wood s ORDINANCE No.66- 34 POLICE CODE - Page 6 = Art. VI - Offenses Against Public Peace and Safety sA�` Paled in front of the premises of the owner of such wood, in such manner as to least obstruct traffic; provided, that each individual load or cord of fuel wood so deposited shall, if within the fire limits, be completely removed from the street and sidewalk area >' within fifteen (15) hours after delivery; further provided, that fuel wood so deposited without the fire limits, if piled in front of the premises of the owne5a of said wood, in such fashion as to least obstruct traffic, may remain on the roadway for a period of not to exceed 60 days from and after delivery thereof; and further provided, that at no time shall fuel wood be piled, deposited, or permitted to be or remain on any bridge approach, nor in front of any block at a distance less than 25 feet from the extension of the intersecting property lines at the nearest street corner. (3) During the period from one hour after sunset to one hour before sunrise every obstruction of whatsoever kind or nature, in or upon any street, or other public way between curb lines, shall have displayed on the edge or side of such obstruction nearest the center of the street a warning ligijL ur lights plainly visible at a distance of 200 feet in either direction parallel with the center line of such street. (4) Lxcept as otherwise by ordinance ;,rovided, it shall be unlawful for any person to obstruct any street, sidewalk., or other public way or place by having or keeping thereon or therein any goods, wares or merchandise forthepurpose of selling, storing, or displaying the same; or for any person engaged or e:nployed in the business of handling, selling, or dealing in any goods, wares, or merchandise from or in any premises fronting upon any street, ..ide- walk,' or other public way in the City of Tigard, to be or remain upon any street, sidewalk, or other public way, while making or attempting to make a, sale of goods, wares or merchandise. Section 26: BLASTING IN CITY It shall be unlawful without first having received a permit from the Oity Engineer, to explode, or cause to be exploded, any gunpowder,,dynamite, giant powder, gun cotton, or other explosive for the purpose of blasting out rock, gravel, earth or other sub- stance within the corporate limits of the City of Tigard. Section 27: INSURANCE REQUIRED (for blasting) The City Engineer, before issuing a permit for blasting, shall require the person to whom the permit is to be issued, to sbecify the location where the blasting in to be done, and shall further require insurance for such amounts as :re may deem necessary to protect the city,an —any person or property in said city from all damage or loss that might result from such blasting, and to protect the cit� its officers, agents and employes from all claims for such oi oss. — Evidence of such insurance, in form satisfactory to the City ORDINANCE No.66_ 34 POLICE CODE Page 7 - Art. VI Offenses Against ,Public Peace and Safety L k. Attorney, shall be filed with the City Engineer, and shall not be less than $50,000. for injury to one person, $100y000. for injuries _ arising froone accident and 50,000, for damage to property. m ' The City Engineer shall also have power and authority to limit the force of explosions to be made. If he deems it in the interest of the city or a proper protection of life and property, he may refuse to issue such permit. i ORDINANCE No 66- 34 POLICE CODE - rage 8 - Art.-VI - Offenses Against Public Peace and Safety Nr, : 1' ARTICLE VII - OFFENSES AGAINST PUBLIC MORALS AND DECENCY t' Section 1: BUYING RECEIVING OR CONCEALING STOLEN PROPERTY 1 No person shall buy, receive or conceal or attempt to buy property that is known or should be known to such person to have been stolen. Section 2: IMMORAL PRACTICES (1) No person shall: a. Draw, write or otherwise deface the interior or exterior walls, doors or windows of any building used by the public, with any obscene or immoral writing, printed matter, paper, picture, drawing or photograph. b. Permit any obscene or lewd or immoral writing, printed matter, paper, picture or photograph to remain on any interior or exterior walls of any building used by the public which is under his contro'_ or supervision. c. Permit any show, play, exhibition, entertainment or motion picture which is of an indecent, lewd or immoral character in or at any place under his control or supervision. d. Produce or take part, in or witness any show, play, exhibition, entertainaent or motion picture which is of an indecent, lewd or immoral character. e. Bathe or swim in any lake, river, stream, pond, slough or creek or in any public natatorium or swimming pool where such facilities are simultaneously used by both sexes, without wearing suitable bathing attire. "Suitable bathing attire" shall mean that attire which is generally used, recognized and accepted by the public and which is not offensive to public morals and which does not expose the bather or swimmer indecently. (2) No man and woman not married to each other shall cohabit together in a lewd or lascivious manner. (3) No male person shall make improper advances or indecent W remarks or impertinently seek to attract the attention of any f,--male t_ person upon the streets or in public places. ( ) No female person shall frequent, loiter, or be employed in any tavern, cabaret or night club for the purpose of soliciting .f a male person to purchase drinks. No proprietor of any such estab- lishment shall allow the presence in such establishment of any person who violates the provisions of this subsection. Provided, however, F that this aection shall not apply to female persons regularly employed as barmaids and waitresses. ORDINANCE No. 66- 34 POLICE CODE - Pagel - Art.VI1 - Public Morals and Decency �_ t Section 3: PEEPIW OR PEERING - INVADING PRIVACY OF ANOTHER Any person, other than a police officer engaged in the lawful pursuit of his official duties, who knowingly trespasses upon the premises of another and while so trespassing peeps or peers through any door, window, transom or other aperture of any dwelling or other structure upon such premises, with intent to invade the privacy of i any lawful occupant thereof, shall be guilty of a misdemeanor. Section 4: DISORDERLY HOUSES Any person who keeps or sets up, or permits to be kept or set up, a house of ill-fame, brothel or bawdyhouse, for the purpose of prostitation, fornication or lewdness, in any house, room, shop, boat, ship, booth, or other place, building or vessel, of which he is the owner, lessor, lessee, or to the possession of which he is entitled, shall be punished upon conviction by a fine of not less than $100, nor more than $500.3 or by imprisonment in the City Jail for not less than 30 days nor more than one (1) year. Section 5: PROSTITUTION (1) No woman shall, with or without remuneration, engage in the practice of prostitution. (2) No woman shall in any manner solicit any person for the purpose of prostitution. (3) No person shall knowingly transport, or offer to trans- port, any other person to any place or building for the purpose of prostitution. (4) No�erson shall bring together, offer to bring together or aid in bringing together in any manner two or more persons for the purpose of prostitution. (5) No person shall solicit, request, entire or attempt to entice any female verso;-, become a prostitute or to anter a place of prostitution. (6) In all prosecutions under this section, common fame or reputation shall be competent evidence. Section 6: INDECENT EXPOSURE Any person who wilfully and lewdly exposes his person or the private parts thereof in any public place, or in any place where there are present other persons to be offended or annoyed thereby, or takes any part in any'model artist exhibiti=, or makes any other exhibition of himself to public view, ,or to the view of any number of persons, which is offensive to decency, or is adapted to excite vicious or lewd thoughts or acts, shah be punished upon conviction by imprisonment in the City Jail for not less than three (3) months nor more than one (1) year, or by a fine of not less than $50. nor more than $500. : ORDINANCE No.66- 34 POLICE CODE = Page 2 - Art. VII - Public Morals and Decency W . Section 7: DISSEMINATING OBSCENE MATERIAL (1) No person shall knowingly disseminate obscene matter. A person disseminates obscene matter if he exhibits, sells, delivers or provides, or offers or agrees to exhibit, sell, deliver or pro- ®' vide, or has in his possession with intent to exhibit, sell, deliver or provide .nj obscene writing, picture, motion picture, device, record, material or other representation or embodiment of the obscene. (2) As used in Paragraph (lits predominantsection,his matter theme appeals obscene if, considered as a whole, offensive and goes sub- to prurient interest and if it is patently stantially beyond the customary limits of candor in describing or representing such matter with reference to ordinary persons. (3) In any prosecution for an offense under this section) evidence shall be admissible athemeeofnthe omatter aappeals to r whether or not the predominant- terarV scientific or educa- prurient interest, to show artistic, 1i��•'-u� tional merit of the rnatter. (4) In any prosecution for a violation of this section, it of the shall b( relevant on the issue of knowledge to grove the advertis- ing, publicit;,r, pranytstaEamentmethod on thehal covergorrbackeoflany book: matter, including or magazine. (5) Violation of Paragraph (1) Of this section ispble by imprisonment in the City Jail focnbothore than six ( ) months or a fine of not more than $1, 00 r Section 8: GAMBLING (1) No person shall participate in, operate or �•tery.sist in r Same or activity, including a ;�ctery. operating any gambling g (2) The term "gambling" shall mean the use or possessio7 of any game, machine or device, whether played for money, check, credit or other representative of value in which the element of chance is controlling, and all machines and contests in which a charge is made to participate and in which the winner is selected primarily on the basis of chance. (3) No person s:1a11 havehn his possession any property, of instrument or device designed or adapted for use in any type s gambling activity. Any such property, �ariyrpoliceent coffiver. is a a be summarily seized by � nuisance and may seized shall be placed in the custody of so Property f the person owning or con- the Chief of Police. Upon conviction o trolling such progertl,� for a violation cf this section, the Municipal Judge shall order such property confiscated and destroyed. C11 ORDINANCE No.66- 34 POLICE CODE - Page 3 - tart. VII Public Morals and Decency Ai �4f � , _. Section 9: LOTTERIES Definition: A "lottery" is any scheme for the dispcf:al or distribution of property, by chance, among persons who have paid, ,. or promised to pay, any valuable consideration for the chance of obtaining such property, or a portion of it, or for any share or any interest in such property, upon any agreement, understanding or ex- pectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatsoever name the same may bek-nown. (1) It shall be unlawful for any person to set up or promote any lottery, or to aid, or in any way be concerned in setting up, managing, or drawing any lottery, and it shall be unlawful for any person in any building or place owned or occupied by him, or under his control, knowingly to permit or suffer the setting up, manage- ment or drawing of any such lottery. (2) It shall be unlawful for any person to sell, or offer for sale, any lottery ticket, certificate, paper, or instrument purporting or representing or understood to be, or to represent, any ticket, chance, share or interest in, or depending upon any event of any lottery. It shall be unlawful for any person to set up or keep or assist in setting up or keeping any house, shop or place for the purpose of selling any lottery ticket, certificate, paper or instrument , purporting or representing, or understood to be, or to represent, any ticket, chance, share or interest in, or depending upon the event of any lottery. It shall be unlawful for any person to frequent or go into or visit any such house, shop or place, or to have possession of any lottery ticket, certificate, paper or instrument purporting or representing, or understood to be, or to represent, any ticket, chance, share or interest in, or depending upon the event of any lottery, or any tool, instrument , stamp or device used, or intended to be used in, or contriving, setting up, preparing or drawing any lottery, or preparing for sale or distribution of any lottery ticket or tickets. Section to:_SLOT MACHINES (1) It shall be unlawful for any person to set up, keep or have in possession or to manufacture , sell or distribute any nickel- 3n-tire-slot or other money slot machine or similar device adapted, devised or designed for the purpose of playing any games of chance for money or property. Itshallbe unlawful for any person to have in possession any operating part capable of being assembled or used in any such machine or device. (2) It shall be unlawful for any person to request or solicit another person to permit, authorize or a':.low the former to place,- x. install or furnish to the latter person, or in or on any premises under the control of the latter person, any nickel-in-the-slot or other money slot machine or similar device, adapted, devised or de- signed for the purpose of playing any game of chance foxmoney or ORDINANCE No.66- 34 POLICE CODE - Page 4 Art.VII_- Public Morals and Decency Y,� 1 t r C �T < property, or disposing of or distributing any money, merchandise, article or thing by chance. (3) All moneys which may be found by a police officer in any nickel-in-the-slot machine, pinball machine,marble machine , digger machine or other devices used or adapted for use in playing games of chance and/or gambling at or about the time of seizing such machine or device, shall also be seized and held by the Police De- pLrtment for evidence as long as needed for that purpose and then condemned as contraband and paid into the City Treasury. In the event that the person in possession of such machine or device is arrested, the court at the time of trial shall give a hearing and make a determination concerning the use of such money and if found to have been used for the purpose of playing games of chance and/or gambling, the Judgment made upon such hear- ing may include a hearing on the condemnation and disposition of the money as herein provided. If no such hearing be had with respect to the money, or if no person was arrested in connection with the seizure thereof, the Municipal Court shall have Jurisdiction to condemn such money as hereinafter provided. The officer seizing any such machine or device containing money shall apply to the City Attorney for a complaint as in rem. If the evidence warrants a belief on the part of the City Attorney chat a Judgment of condemna- tion may be obtained, he shall issue such complaint, file the same with the clerk of said court and issue a citation to the person in possession of such money at the time of seizure, if known, and/or to,all persons having or claiming ownership of or an interest in such money. Such money shall be identified by a reference to the machine or device in which found and the location where the machine or device was at the time of seizure. At least 5 days shall be given between the time of service of such citation and the date set for hearing. Such citation shall be served by the Police Department upon the person in posses- sion of the money at the time of seizure; provided, that in cases where no person was found in possession, or service cannot be had upon such person, and the owner is not known, the service of such citation shall be made by publication in the city official news- paper for a period of not less than two (2) insertions per week for two weeks. Citations issued hereunder shall, in addition to the matters above stated, show the time and place of the seizure and the time when the matter of condemnation will be brought on for hearing before the court. Upon the hearing, if the court finds that such moneys or any thereof were used in connection with any game of crnance or gambling or for the purpose of playing a game o€ chance or gambling, o' a judgment of condemnation shall be given and the moneys disposed of as hereinabove stated. ORDINANCE No.66- 34 POLICE CODE - Page 5 - Art.VII - Public Morals and Decency Section 11: OCCULT ARTS (1) No person shall for hire or profit engage in any prac- tice of occult arts, either public or private, as that term is described and defined. in subsection (2) of this section. (2) The term "occult art" means the use or practice of fortune-telling, astrology, phrenology, palmistry, clairvoyance, mesmerism, spiritualism or any other practice or practices gener- ally recognized to be unsound and unscientific whereby an attempt or pretense is made. a. To reveal or analyze past incidents )r events b. To analyze or define the character or person- ality of a person C. To foretell or reveal the future d. To locate by such means, lost or stolen property P, To give advice or information concernin_g any matter or event,. (3) Nothing contained in this section shall be construed to prohibit or prevent: a. Any duly organized and recognized religious organization which promulgates religious teachings or beliefs involving spiritualism or similar media from holding their regular meetings or serv9ces. b. Any school, church, fraternal, charitable or other benevolent organization from utilizing occult arts for any bazaar or money-raising project, provided that all money so received is devoted wholly and exclus- ively to the organization sponsoring such affair. In such case the money so received shall be considered as a donation for benevolent and charitable purposes. Section 12: VAGRANCY (1) The following described persons are guilty of vagrancy and shall be punished upon conviction by imprisonment in the City Jail for a period not exceeding six (6) months, or by a fine of not more than $100. , or both: a. Every person without visible means of living, who has the physical ability to work, and who does not for the space of 10 days seek employment, nor labor when employment is offered him. b. Every beggar who solicits alms as a business. C. Every idle or dissolute person, or associate of known thieves, who wanders about the streets or high- ways at igh-ways' at late or unusual hours of the night, or who O.'iDIPdANCE Na,66- 34 POLICE CODE Page ,6 - Arta VII - Public Morals and Decency t 4 � lodges in any barn, shed, shop, outhouse, vessel, car or place other than such as is kept for lodging purposes , without the permission of the owner or party bntitled to the possession thereof. d. Every common prostitute. e. Any person who is not enrolled as a student or- who is not employed by the public or private school and who, without a lawful purpose therefor, wilfully loiters about any public or private school building or the public premises adjacent thereto. t f. Any person who conducts himself in a. violent, } riotous or disorderly manner, or who uses abusive, E obscene or profane language in a public place or upon any public highway, or in a house or place whereby the peace or quiet of the neighborhood or vicinity may be disturbed. (2) Circuit, district and ,justice courts have concurrent Jurisdiction over actions brought under this section. Section 13: MISTREATMENT OF ANIMALS (1) Any person who overdrive;, overloads, drives when ovc,^-- loaded, overworks , tortures, torments , deprives of necessary suste- nance,cruelly beats, mutilates or cruelly kills, or causes or procures such cruel treatment of any animal, or who, having the charge of or custody of any animal as owner, or otherwise, inflicts cruelty upon the animal, shall, upon conviction, be punished for every such offense by imprisonment in the City Jail not exceeding sixty (60) days, or by a fine not exceeding $100., or both (2) Every owner or person having the charge of custody of any animal, who cruelly drives or works the animal when unfit for labor, or c ,uelly abandons the animal, or carries or causes the animal to oe carried in or upon any vehicle or otherwise, in a cruel inhuman manner, or knowingly or wilfully authorizes or permits the animal to be subjected to torture, suffering, or cruelty of any kind, shall be punished for each and every offense in the manner provided in subseccioia (1) of this section. (3) Every owner or person having the charge or custody of any dog, cat, househol,d pet or horse, who deprives such dog, cat, household pet or horse of necessary and adequate food, drink, air, light, space, shelter and reasonable protection from the weather, shah be punished for each and every offense in the manner provided in subsection (1) of this section. (U) The dehorning of cattle or the docking of horses or sheep, or any other practice of good livestock husbandry, is not a violation of this section. (5) A certification by a licensed Oregon veterinarian that the subject animal was examined immediately .following the time of the charge and found to be in good condition shall be an absolute defense to any charge made under subsection (3) of this section, or ORDINANOE No.66-- 34 POLICE CODE - Page 7 - Art. VII - Public Morals and Decency any charge that the animal was deprived of necessary sustenance or cruelly driven or worked when unfit for labor. (6) Any person who wilfully abandons or deserts a dog, cat or other domestic animal shall be punished upon conviction by a fine of not more than $500. Section 14: DEFRAUDING OF INNKEEPERS (1) No person shall, with intent to defraud, obtain any food, lodging, or other accommodations at any hotel, apartment house, boarding house, tourist camp, trailer camp or restaurant. (2) No person shall, after having obtained food, lodging or other accommodation at any hotel, apartment house, boarding house, tourist camp, trailer camp or restaurant, surreptitiously remove his baggage and clothing from such hotel, apartment house, boarding house, tourist camp, trailer camp or restaurant, without first pay- ing or tendering payment for such food, lodging or other accorrano- dation. Section 15: USE OF LODGINs ACCOMMODATIONS (1) No person shall write or cause to be written, or know- ingly permit to be written, in any register in any hotel, lodging house, rooming house or other place where transients are accommo- dated in the city, any other or different name or designation than the true name or designation of the person so registered, or the name or designation by which such person is generally known. (2) No proprietor, manager or other person in charge of a hotel, lodging house, rooming house or other place where tran- sieants are accommodated shall: a. Rentor assign rooms for joint and private occupancy by persons of the opposite sex unless such persons shall be registered as husband and wife, or as parent and minor child. b. Rent or assign rooms for joint and private ac cunancy-by persons of the opposite sex if, notwith- st anding'the lawful appearance of the re-gistration, he hat; reasonable cause to believe such transients are not husband and wife, or parent and minor child. Section 16-ANNOYING ANYONE IN PARKS - It shall be unlawful for any person to solicit the acquaint- ance of another in any park, or annoy or follow children, or dis- tribute obscene literature, or in any other wa.y annoy another. ORDINANCE No.66- 34 POLICE CODE - Page 8 - Art`. VII - Public Morals and. Decency (72 ARTICLE VIII - OFFENSES AGAINST THE PUBLIC HEALTH Section l: EXPECTORATION, etc. No person shall expectorate upon any sidewalk or street, or on or in any public building or public place, except in receptacles provided for that purpose. Section 2: STENCH BOMBS (1) Any person who places , throws, uncorks, opens, breaks or who maliciously attempts to place, throw, uncork, open or break any stench bomb in any theatre, place of amusement, building, hall or room in which a public gathering is being held, or in any place of business, shall be punished upon conviction by a fine of not less than $25. nor more than $1,000., or by imprisonment in the City Jail for a period of not more than two (2) years, or both. (2) For the purpose of subsection (1) of this section, a stench bomb includes any bottle, glass, tube, capsule, light bulb, hose or metal substance, or any other article or device containing a chemical or substance of an offensive or noxious odor used or intended to be used for the purpose of creating a riot or disturb- ance in any theatre, place of amusement, building, hall or rcom in which a public gathering is being held at the time, or in a place of business, or for the purpose of intimidating the owner of such gathering or business place. (3) Subsection (1) of this section shall not apply to peace officers in the performance of their duties. Section 3: LITTER ON STREETS (1) It shall be unlawful for any person to throw luta or deposit upon any street, sidewalk or public place, any junk, ashes, )) paper, leaves, dirt, rubbish, garbage, refuse, filth, litter or waste material, except at such dumping places or .in such receptacles as may be designated by the City, or throw into or upon any street, sidewalk or public place any glass, crockery, nails or other thing whereby the feet of persono or animals mayInjured. (2) Tt shall be unlawful for any person directly or in directly responsible for broken glass of any kind being upon any sidewalk or pavement, or upon any unimproved street or public place s in the City of Tigard to fail, .refuse or neglect to remove such broken glass immediately. Such failure, refusal o,: neglect shall be deemed a violation of this Code. 34 ORDINANCE No.65 POLICE CODE - Page 1 Art VIII - Public Health �i 9 n., s Section 4: GARBAGE TRANSPORTATION It shall be unlawful for any person to carry any garbage, filth, or refuse along any sidewalk or transport any garbage, swill, or refuse through any street, except in a covered wagon or in a tightly covered box or apparatus, such wagon, box or apparatus to be constructed and so covered, and such covering to be so closed or fastened down over the entire contents of the load as to prevent such contents from leaking, spilling, dropping or in any manner be- ing deposited in the street-, or from being exposed to the open air, during such transportation. Section 5: PROTECTION AGAR:;27SPILLING :. It shall be unlawful for any person to transport earth, sand, gravel, sawdust, stone, rock, rails, timber or lumber upon any car or vehicle without suitable protection so as to effectually prevent the spilling or depositing or scattering of such materials upon any street, or in the air. ORDINANCE No.66 34 'POLICE CODE Page 2 - Art. VIII - Public Health ARTICLE IX - OFFENSES AGAINST PROPERTY Section 1: INJURY TO OR REMOVAL OF PRCPERTY (1) No person shall wilfully or negligently cut, remove, deface or in any manner injure or damage real or personal property of the City, within or without the corporate limits. (2) No person, other than a properly authorized employe of the City, shall wilfully or negligently cut, destroy, remove or injure any plant, flower, shrub, tree or bush growing or standing upon any street or alley in the City , or upon any property cae nd or controlled by the City within or without the corporate limits; provided, however, this section shall not be construed to prohibit the owner of land abutting upon any street or alley from cutting, trimming, injuring or removing any tree or trees growing or standing upon the street or alley adjoining and irrumediately adjacent to his property. (3) No person shall deface, j.njure, tamper with or wilfully br ,ak or destroy any property, real or personal, belonging to or unuer the control of ai;other. Section 2: DESTRUCTION OF OFFICIAL NOTICES AND SIGNS No person shall wilfully deface or tear down any official notice or bulletin, or any official sign or signal posted or placed it conformity with law. Section 3; TRESPASS (1) No person shall wrongfully go or trespass upon, or damage any rea! 7. or personal property belonging to the City of Tigard, or any person wihin the City. (2) Any person who maliciously or wantonly cuts down, destroys or injures any bush; shrub, fruit or other tree not his own, standing or -rowing for fruit, ornament or other useful purpose, or wilfully breaks the glass in or defaces any building not his own, or wilfully breaks down or destroys any fence or hedge belonging to or inclosing land not his own, or wilfully throws down, opens and leaves down, or opens any bars, gate, fence or hedge belonging to or inelosing land not his own, or maliciously or wantonly severs from the land of another any produce thereof, shall be punished upon conviction by imprisonment in the City Jail, for not less than three (3) months nor more than one (1) year, or by a fine of not less than $10., nor more than $500, ORDINANCE No.66- _ 34 POLICE CODE Page 1 Arta IX - Offenses AGainst Property Section 4: DUMPING RUBBISH ON PRIVATE LAND OR PUBLIC WAY Any person who throws, dumps, places, deposits or drains, - or causes or permits to be drained upon the land of another, with- out permission of the owner, or upon any public road, highway, street, alley or any easement used by the public for public travel, referred to later in this section as a public way, any cans, glass, nails, tacks, broken dishes or crockery, carcass of any dead animal, old clothing, old automobile tires, old automobile parts, boards, metal, or any sort of rubbish, trash, debris, or refuse, or any sewage or the drainage from any cesspool or septic tank, or any substance which would mar the appearance, create a stench or detract from the cleanliness or safety of such public way, or would be likely to injure any animal, vehicle, or person traveling upon such public way, shall be punished upon conviction by a fine not to e;ceed $100. or by imprisonment in the City Jail not to exceed 30 days. Section 5: PETTY LARCENY: It shall be unlawful for any person to steal or wilfully take, carry, lead or drive away, the property of another with the intent to deprive such other of such property permanently, or, to knowingly and designedly, by any false or fraudulent, oral, written or other representation or pretense defraud another of property of the value of $75. or less, and for the purpose of this section "property" shall mean: a. Any goods or chattels b. Any government note, bank note, promissory note, bill of exchange, bond or other thing in action. c. Any book of accounts or order or certificate concerning money due or to become due or goods to be delivered. d. Any deed or writing containing a conveyance of land or any interest therein. e. Any bill of sale or writing containing a con- veyance of goods or chattels , or any interest- therein. f. Any valuable contract in force. g. Any .receipt , release or defeasance h. Any writ, process , or public record. i. Any railroad, railway, steamboat or steamship passenger ticket or other evidence of the right of a passenger to transportation. ORDINANCE No.66- 3 POLICE CODE - Page 2 - Art. IX - Offenses Against Property r �r r A i `',, ,: Section 6: PUBLIC RECORDS (1) No person shall without proper authority take or remove any public record, document, book, paper or personal property of any kind owned by the City. (2) No person without proper authority shall mutilate or destroy any public record, document, book, or paper on file or kept .n record in any public office of the City. (3) No person shall retain any public record, document, book or paper after lawful demand has been made for the return thereof. Section 7. POISONING DOGS It shall be unlawful for any person, with intent to kill or injure any d(,g or dogs, to put out or place, where it is likely to be eaten by a deg or dogs, any meat or other dog food containing poison, ground glass or other substance likely to kill or seriously injure a dog. Section 8: INJURY OF DOGS BY AUTOS It shall be unlawful for the driver of any motor vehicle involved in injury or death to a dog upon any street or highway in the City of Tigard to fail to do any of the following: a) Immediately stop such vehicle at the scene of such accident, or as close thereto as possible. i b) Remove the dog to the curb, or away from the main traveled portion of the highway. { c) If the dog is injured, render such aid as shall be reagcnabel under the circumstances. d) Take reasonable steps to locate the owner of the dog, and e) If the dog's owner is found, leave his name and address and registration number of the motor vehicle i he is driving with such owner, or 1 f) If the dog's owner-is not found, and the dog is dead, Immediately notify the poundmaster or Police Depart— ment, and give the information required in subsection (e) and the location of the dog. } ORDINANCE No.66 34 r POLICE CODE - Page 3 Art. IX Offenses Against Property Section 9: POLITICAL AND RELIGIOUS ADDRESSES It shall be unlawful for any person to make any political or religious address, or solicit fares, or bei, or publicly solicit subscriptions in any of the parks. Section 10: SALES AND SERVICES IN PARKS It shall be unlawful for any person to sell or offer for sale any article or perform or offer to perform any service for hire in any of the parks without a written permit for such concession properly and regularly granted by the City Recorder. Section 11: WHO FORBIDDEN IN PARKS It shall be unlawful for solicitors, photographers, agents, fakirs, peddlers, mendicants, strolling musicians, organ grinders, exhorters and showmen to ply their several vocations within the park limits. r Section 12: PARKS DEBRIS-FREE It shall be unlawful for any person to obstruct the free use and enjoyment of any park, or place any straw, dirt, chips, paper, shavings, shells, ashes, swill or garbage, or other rubbish, or refuse or deb ris, in or upon any park, or to dist�ibjte any circu- lars, cards or other written or printed matter in any park. ORDINANCE No.66- 34 POLICE CODE - Page, 4 - Art-IX - Offenses AgainstProperty a ARTICLE X - REPEALER Section 1: Ordinance No.64-5 enacted b- tha City Council of Tigard on April 27, 1964, and all sections and the whole thereof, be, and the same is, hereby repealed. Section 2: Sections 3, 6 and 17 of Ordinance No.62-17, and any other ordinances, or parts of ordinances, insofar as they may be in conflict with the provisions of this Ordinance; he, and the same are, hereby expressly repealed. ARTICLE XI - EMERGENCY CLAUSE Inasmuch as it is necessary for the peace, health and safety of the people of the City of Tigard that the provisions of this Ordinance become effective with the least possible delay, an emergency is hereby declared to exist, and this Ordinance shall J' be in full force and effect from and after its passage by the Council and approval by the mayor. PASSED: By the Council, by unanimous vote of all members present, after being read 3 times by title only this 22ndO y of Ahatast-- , 1966. Recorder - City of Tigard APPROVED: By the Mayor, this rday of A�,p, , 1966. M =-C' -y of Tigard ORDINANCE No.66-34 POLICE CODE - Articles X and XI` i �^ 3 P 0 L I C E C 0 D E CITY OF TIGARD, OREGON Y>>E IN D E X Sec. Page ARTICLE I - DEFINITIONS ARTICLE II - SAVING CLAUSE; C014STITUTIONALITY ARTICLE III - PENA'LTIES ARTICLE IV - OFFENSES AGAINST PERSONS (generally) Assault and Battery 1 1 Defamation 3 1 Drawing Dangerous Weapon 2 1 Mashine 5 1 Taking Personal Property from Another 4 1 Use of Sidewalks 6 1 ARTICLE V - OFFENSES AFFECTING MINORS Abandoned Iceboxes 5 2 Causing Delinquency or Dependency 1 1 Confining Children in Vehicles 2 1 Liquor - Minors Selling 4 1 Misrepresenting Age By Minor 8 & 9 2 - By Third Person 10 2 Pool Halls 3 1 Tobacco Sale and Use 6 & 7 2 ARTICLE VI - OFFENSES AGAINST PUBLIC PEACE AND SAFETY Air Guns Beanshooters Blasting in City 26 7 Insurance Required 27 7 Burglars' Tools 11 4 Climbing On or Tampering with Autos 16 5 Concealed Weapons 6 3 Dangerous Weapon --Possession by Minor 10 4 Discharge of Weapons 5 2 Disorderly Conduct 1 1 Disturbqnce of Lawful Assemblies 2 1 Entry of Buildings 17 5 Escape of Prisoners 19 5 False Fire Alarm - Police Reports 12 & 13 4 Falsely Assuming to be an Officer 15 4 "GREEN RIVER ORDINANCE" -- Peddling 22 6 Interference with Police 4 2 Interfering with Emergency Work 18 5 Intoxication in Public Place -- Drinking 3 Mask or Disguise 14 Noises 20 5 Obstructing Passage 24 6 Obstructions (generally) 25 6 Peddling ("Green River ordinance") 22 6 Street or Sidewalk Booths & Stands 23` 6 Vicious Animals at,Large 21 5 Weapons Seized g 3 (continued) a POLICE CODE I N D E X (continued) Sec. Page ARTICLE VII OFFENSES AGAINST PUBLIC MORALS AND DECENCY Annoying Anyone in Parks 16 8 Buying, Receiving Stolen Property 1 Defrauding of Innkeepers 144 8 Disseminating Obscene Material 2 Disorderly Houses GAmbling 8 3 Immoral Practices 2 1 Indecent Exposure 6 2 Lodging Accommodations - Use of 15 8 Lotteries 9 4 Mistreatment of Animals 13 7 Occult Arts 11 6 Peeping or Peering 3 2 Prostitution 5 2 Slot Machines 10 4 Vagrancy 12 5 ARTICLE VIII - OFFENSES AGAINST THE PUBLIC HEALTH Expectoration, etc. 1 1 Garbage Transportation 4 2 Litter on Streets 3 1 Protection Against Spilling 5 2 Stench Bombs 2 1 ARTICLE IX OFFENSES AGAINST PROPERTY Destruction of Official Notices & Signs 2 1 Dumping Rubbish 4 2 Dogs - injury by Autos 8 - Poisoning 7 3 Injury to or Removal of Property 1 1 Parks - Debris free 12 4 { - Sales & Services in 10 4 - Who Forbidden in 11 4 Petty Larceny 5 2 Political & Religious Addresses 9 4 Public Records 6 3 Trespass 3 1 41 ARTICLE X - REPEALER ARTICLE XI - EMERGENCY CLAUSE y g'