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