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Ordinance No. 84-65 i CITY OF TIGARD, OREGON ORDINANCE NO. 84- �j S �f AN ORDINANCE REPELLING CHAPTERS 7.04, 7.08, 7.12, 7.16, 7.20, 7.24, 7.28, 7.30.010 TO 7.32.60, 7.36 AND 7.44, AND ADOPTING PROISIONS RENTING '10 PROCEDURES, DISPOSITION OF OFFENDI S, OFFENSES AGAINST PERSONS, OFFENSES AGAINST PROPERTY, OBSTRUCTING LAW ENFORCEMENT, MINORS, OFFENSES AGAINST PUBLIC ORDER, CONTROLLED SUBSTANCES AND CURFEW HOURS FOR MINORS, ALL PART OF THE TIGARD CRIMINAL CODE, AND DECLARING AN EMERGENCY. The City of Tigard ordains as follows: Section 1. The following provisions of the Tigard Municipal Code are hereby repealed: Chapter 7.04, 7.08, 7.12, 7.16, 7.20, 7.24, 7.28, 7.32.010 to 7.32.060, 7.36 and 7.44. Section 2. The following provisions attached as "Exhibit A" and including revised chant-,-s n r .-�.v0 im, 7.08, 7.12, 7.16, 1.10, 7.24, 7.28, 7.32.010 to 7.32.060, 7.36 and 7.44 are hereby adcpted and shall be part of the Tigard Criminal Code. Section 3. l:e section, of this ordinance are sea-vable. If any section, sentence, clause or phrase of this Code is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portion of this Code. Section 4. This ordinance is necessary to protect the general, welfare and safety of the people of the City of Tigard because the current provisions are out of date and in part have been declared unconstitutional, therefore an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon passage and approval by the City Council. PASSED: By the City Council by vote of all Council members present, after being read by number and title only, this of 1984. r CITY RECORDER-CITY OF TIGARD APPROVED: By the Mayor, this of 1984. Q =CITY OF TIC+ARD ORDINANCE NO. 84-6- ■, Y 7.04.010--7.04.020 Title 7 c PUBILIC PEACE, SAFETY AND MORALS Chapters: 7.04 General Provisions 7.08 Adoption of State Statutep 7.12 Classification of Offenses 7.16 Disposition of Offenders 7.20 Offenses Aqainst Persons 7.24 Offenses Against Property 7.28 Obstructing Law Enforcement 7.32 Offenses Against Public Order 7.34 Controlled Substance 7.36 Minors 7.40 Nuisances 7.44 Curfew Hours for Minors 7.48 Public Assemblies 7.52 Public Property Use 7 s 56 1-c-cent Cond'u'ct 7.60 Abandoned vehicles 7.70 Secondhand Dealers and Transient Merchants Chapter 7.04 GENERAL Pi_OV3SIONS Sections: 7 04.010 Short title. 7.04.020 Purpose of criminal code. 1.04.030 Application of criminal code. 7.04.040 Constitutionality of criminal code. 7.04.010 Short Title. The ordinance codified in Title 7 shall be known as the "Criminal Code of the City of Tigard," and may be so cited and pleaded. 7.04.020 Purpose of Criminal Code. (a) The general purposes of the Criminal Code are: (1) To ensure the public safety by preventing the emission of offenses through the deterrent influence of the sentences authorized, the correction and rehabilitation of those convicted, and 'heir confinement when required in the interests of public protections; (2) To forbid and prevent conduct thatunjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests; (3) To give fair warning of the nature of the conduct declared to consistitue an offence and of the sentences authorized upan conviction; (4) To define the act or omission and the accompanying mental state ,�l 54 0 4 t 7.04.020--7.04.040 r . that constitute each offense and limit the condemnation of conduct as criminal when it is without fault; (5) To differentiate on reasonable grounds between serious and minor offenses; (6) To prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities among individual offenders; (7) To safeguard offenders against excessive, disproportionate or arbitrary punishment. (b) The rule that a penal statute is to be strictly construed shall not apply to Title 7 or any of its provisions. A-11 provisions of Title 7 shall b construed according to the fair import of their terms, to promote justice and to effect the purposes stated in subsection (a) Herein. 7_.04.030 Application of criminal code. (a) The provisions of Title 7 shall govern the construction of and punishment for any offense defined in Title 7 :;.gid committed after the effective date of this Code, as well as the construction and application of any defense to a prosecution for such an offense. (b) Except as otherwise expressly provided, or unless the context requires otherwise, the provisions of Title 7 shall govern the construction of and punishment for any offense defined outside of Title 7 committed after the effective date of this Code, as well as the construction and application of any defense to a prosectuion for such an offense. (c) The provisions of Title 7 shall not apply to or govern the construction of and punishment for any offense coffadtted before the effective date of this Code, or the construction and application of any defense to a prosecution for such an offense. .Such an offense shall be construed and punished according to the Lava existing at the time of the com�ni.ssion of the offense in the same manner as if the ordinance codified in Title 7 had not been enacted. (d) When all or part. of a criminal statute is amended or repealed, the criminal statute or part thereof so amended or repealed remains in force for the purpose of authorizing the accusation, prosecution, conviction and punishment of a person who violated the statute or part thereof before the effective elate of the amending or repealing ordinance. 7.04.040 Constitutionality of criminal code. If any clause, , sentence, paragraph, section, article or portion of Title 7 for any 'reason shall be adjudged invalid by a court of cowpetent jurisdiction, such judgment shall not affect, impair or invalidate the remainder of `itle 7 but shall be confined in its operation to the clause, sentence, paragragh, section or portion of Title 7 directly involved in the controversy in which judgment is rendered. �'�. 55 r 7.08.010--7.08.040 Chapter 7.08 �., ADOPTION OF STATE STATUTES Sections: 7.08.010 Sections of Chapter 743, 1971 Oregon Laws, as amended, adopted by reference. 7.08.020 Chapter 743 sections--Definitions. 7.08.030 Article 1, Sections 3 and 4--General definitions--Defenses-- Burden of proof. 7.08.040 Article 2, Sections 7, 8, 9, 10 and 11--General principles of criminal liability. 7.08.050 Article 3, Sections 12, 13, 14, 15, 16 and 17--Parties to crime. 7.08.060 Article 4, Sections 18 through 35---General principles of justification. 7.08.070 Article 22, Sections 182, 186, 187 and 188--Perjury. 7.08.080 Article 24, Section 197 --- Obstructing governmental administration. 7.08.010 Sections of Chapter 743, 1971 Oregon Laws adopted by reference. By virtue of the authority contained in ORS Section 221.330, all those sections of: (1) Chapter 743 of the Oregon Laws of 1971 as enacted by the 1971 Legislative Session, and specifically amended in this ordinance and hereinafter listed in this Code are adopted by this reference in the entirety. .y (2) Oregon Revised Statutes referred to in this Code shall be adopted as part of this Cade. All references are to be statutes in effect at the adoption of this Code and such provisions shall remain in effect until specifically amended by the City by ordinance. 7.08.020 Chapter 743 sections--Definitions. Whenever reference in the section of Chapter 743 of the Oregon Laws of 1971 cited in this chapter is made to: (1) "Oregon Criminal Code" it means the Criminal Code of the City of Tigard; (2) "Statei1 it means the City of Tigard; (3) "Court" it means the municipal court of the City of Tigard. 7.08.030 Article 1, Sections 3 and 4--General definitions---Defenses-- Burden of woof. The follotring sections of Article 1, Chapter 743, Oregon Laws of 1971 are adopted by reference: (1) Section 3 as amended by 1973 c. 139 s.1 1979 c.653 s.3, general definitions; (2) Section 4, defenses, burden of proof. 7.08.040 Article 2, Sections 7, 8, 9, 10 and 11--General principlesof criminal liability. The following sections of Article 2, Chapter 743, Oregon e 56 I '"�I ':T'v�„ ; .eseid, — ,. a_ ... s ^`s==a._ 's=» r.v»� ,. .. .,va.n_ .. ,� -.� • ,. cru" 7.08.040--7.08.060 Laws of 1971 are adopted by reference. Al) Section 7 as amended by 1973 c.139 s2, culpability, definitions; (2) Section 8, general requirements of culpability; (3) Section 9, culpability requirements inapplicable to violations and to offenses defined by other statutes; (4) Section 10, construction'of statutes with respect to culpability requirements; (5) Section 11 as amended by 1973 c.697 s.13; 1979 c.744 s.6, intoxica- tion. 7.08.050 Article 3, Sections 12, 13, _14., 15, 16, and 17 -- Parties to crime. The following sections of Article 3, Chapter 743, Oregon Laws of 1971 are adopted by reference; (1) Section 12, criminal liability based upon conduct; (2) Section 13, criminal liability for conduct of another, complicity; '' (3) Section 14, criminal liability for conduct of another, no defense; (4) Section 15, exemptions to criminal liability for conduct of another; (5) Section 16, criminal liability of corporations; duct. (6) Section 17, criminate-liability of an individual for corporate con- 7.08.060 Article 4, Sections 18 through 35--General principles of justi- fication. The foll&ZIng sections of Article 4, Chapter 743, Oregon Laws of 1971 ara adopted by reference: (].} Section 18, justification, a defense; (2) Section 19, justification, generally; (3) Section 20, justification, choice of evils; (4) Section 21, as amended by 1981 c.246 s.1, justification, use of physical force generally; (5) Section 22, justification, use of physical force in defense of a person; (6) Section 23, justification, limitations on use of deadly physical force in defense of a person; (7) Section 24, justification, limitations on Use of physical force in defense of a person; (8) Section 25, justification, use of physical force in defense of premises; .:: (9) Section 26, justification, use of physical force in defense of property; (10) Section 27, justification, use of physical force in making an arrest or in preventing an escape; (11) Section, 28, justification, use of deadly physical force in making an arrest or in preventing an escape; (12) Section 29, justification, use of physical force in making an arrest or preventing an escape, basis for reasonable belief; 9 57 f , 7.08.060--7.12.010 (13) Section 30, justification, use of physical force by private ~ person assisting an arrest; (14) Section 31 as amended by 1973 c.836 s. 339, justification, use of physical force by private person acting on his own account to make an arrest; (15) Section 32, justification, use of physical. force in resisting arrest prohibited; (16) Section 33, justification, use of physical force by guard in correctional facility to prevent an escape; (17) Section 34, duress; (18) Section 35, entrapment. 7.08.070 Article_ 22, Sections_ 182, 1_86, 197, and 188--Perjury. The following sections of Article 22, Chapter 743, Oregon Laws of 1971 are adopted by reference: (1) Section 182 as amended by 1981 c.892 s.90, perjury and related offenses, definitions; (2) Section 186, perjury and false swearing, irregularities no defense; (3) Section 187, perjury and false swearing, retraction; (Al Section 188; perjury and false swearing, corroboration required. Y 7.08.080 Article 24, Section 197---Obstructing governmental administration. Section 197 of Chapter 743, Oregon haws of 1971 is adopted by F reference as follows: Section 197, obstructing governmental administration, .., definitions. Chapter 7.12 CLASSIFICATION OF OFFENSES Sections: 7.12.010 Offense defined. 7.12.020 Crimes and misdemeanors defined. 7.12.030 Classification of misdemeanors. 7.1.2.040 Violation--Defined. 7.12.050 Violation--Classification. 7.12.060 Attempt to commit a crime defined. 7.12.010 Offense defined. (a) An offense is conducted for which a sentence to a term ofrisonment or to a fine is .imp provided by any law of this state or by any law or ordinance of a political subdivision of this state. An offense is either a crime or a. violation or an infraction. (b) "alae doing of any act or thing prohibited, car the failure to do an act or thing commanded to be done, by Title 7 within the f 58 *7 s 7.12.010--7.12.060 city limits, is declared to be an offense against the public peace, safety, health, morals, and general welfare of the people of the city. 7.12.020 Crimes and misdemeanors defined. A "crime" for purposes of Title 7 is an offense for which a sentence of imprisonment in jail is authorized, and all crimes for purposes of Title 7 are misdemeanors. 7.12.030 Classification of misdemeanors. (a) Misdemeanors are classi- fied for the purpose of sentence into the following categories: (1) Class A misdemeanors; (2) Class B misdemeanors; (3) Class C misdemeanors; and (4) Unclassified misdemeanors. (b) The particular classification of each misdemeanor defined in Title 7 is expressly designated in the section defining the crime. An offense defined outside Title 7 thich, because of -die express sentence provided in the ordinance defining the crime, shall be considered an unclassified misdemeanor. (c) An offense defined by city ordinance, but without Specification as to its classification or as to the penalty authorized upon conviction, shall be considered a Class A misdemeanor. 7.12.040 Violation-Defined. An offense is a "violation" if it is so designated in the ordinance defining the offense or if the offense is punishable only by a fine, forfeiture, fine and forfeiture, or other civil penalty. Conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of a crime. 7.12.050 Violation--Classification. (a) Any violation defined in Title 7 is expressly designated iii the section defining the offense. Any offense defined outside of Title 7 which is punishable as provided in Section 7.12.040 shall be considered a violation. (b) Violations are not classified. 7.12 060 Attempt to commit a crime defined. (a) A person: is guilty of an attempt to commit a crime when he intentionally engages in conduct which constitutes a substantial step toward the commission of the crime. (b) An attempt is a: 4 t 59 z. 7.12.060--7.16.020 ' (1) Class B misdemeanor, if the offense attempted is a Class A misdemeanor; (2) Class C misdemeanor, if the offense attempted is a Class B ( misdemeanor; (3) Violation, if the offense attempted is a class C misdemeanor, -1 or an unclassified misdemeanor. i �i ,r chapter 7.16 DISPOSITION OF OF =ERS s�A� Sections: 7.16.010 Sentences for misdemeanors. 7.16.020 Fines for misdemeanors and violations. F 7.16.030 Criteria for imposition of fines. ' 7.16.0$0 Fines for corporations. 7.16.050 Costs. A 7.16.060 Payment of fines and costs. 7.16.070 Nonpayment of fines or casts--Consequences. 7.16.010 Sentences for misdemeanors. Sentences for misdemeanors shall . be for a definite term. The court shall fix the term of imprisonment within the following maxim= limitations: (1) For a Class A misdemeanor, 1 year. (2) For a Class B misdemeanor, 6 months. (3) For a Class C misdemeanor, 30 days. (14) For an unclassified misdemeanor, as provided iri -the ordinance defining the crime. 7.16.020 Fines for misdemeanors and violations. (a) A sentence to pay s 'fine for a misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding: (1) $2,500 for a Class A misdemeanor. (2) $1,000 for a Class B misdemeanor. (3) $500 for a Class C ,ii sdareanor. (b) 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. (c) A sentence to pay a fine for a violation shall be a sentence to pay an amount, fixed by the court, not exceeding $250. (d) If a person has gained money or property through the camiission of e ,t 60 7.16.020--050 r ti a misdemeanor or violation, then upon conviction thereof the court, instead of imposing the fine authorized for the offense under subsection (1), (2), or (3) of this section, may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant's gain from the camii.ssion of the offense. In that event, ORS 161.625 (4) and (5) apply. (e) This section shall not apply to corporation. 7 16 030 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 that 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 installment basis or on other conditions to be fixed by the court. 7.16.040 Fines for corporations. (a) A sentence to pay a fine when imposed on a corporation for an offense defined in Title 7 or for an offense defined outside Title 7 for which no special corporate fine is specified, shall be a sentence to pay an amount, fixed by the court, not exceeding: (1) Five thousand dollars when the conviction is of a Class A misdemeanor or of an unclassified misdemeanor for which a term of imprisonment of more than six months is authorized; (2) Two thousand five hundred dollars 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 six months; (3) One thousand dollars when the conviction is pf a Class C misdemeanor or an unclassified misdemeanor for which the authorized term of imprisonment is not more than thirty days; (4) five hudnred dollars when the conviction is of a violation. (b) A sentence to pay a fine, when imposed on a corporation for an offense defined outside Title 7, if a special fine for a corporation 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. 7.16.050 Costs. (a) The court may require a convicted defendant to pay as costs those expenses specially incurred by the City in prosecuting the defendant. Costs include the ccmpensatic�-. of counsel appointed pursuant to ORS 135.045 or 135.050 and expenses approved under ORS 135.055 (5). Cost shall not include expenses inherent in providing a constitutionally guaranteed jury trial or expenditures in connection with the maintenance and operation of goverment agencies that must be made by the public irrespective of specific violations of law. (b) The court, after the conclusion of an appeal of its initial judgment of conviction, may include in its final judgment or modify the 61 7.16.050--070 judgment to include a requirement that a convicted defendant pay as costs the compensation of counsel appointed pursuant to ORS 138.500, including counsel who is the Public Defender established by ORS 151.280 or counsel who is under contract to provide services for the appeal pursuant to ORS 151.150, and costs and expenses allowed by the appellate court under ORS 138.500(3). (c) The court shall not sentence a defendant to pay costs unless the defendant is or may be able to pay them. In determining 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. (d) 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 the defendant for remission of the payment of costs or of any unpaid portion thereof. If it appears to the satisfaction of the court ';hat payment of the amount due will impose manifest hardship on the defendant or the immediate family of the defendant, the court may remit all or part of the amount due in costs, or modify the method of payment under ORS 161.675. 7.16.060 Payment of fines and costs. (a) When a defendant is sentenced to pay a fine or costs or ordered to make restitution, as defined in ORS 137.103, the court may order payment to be made forthwith or within a specified period of time or in specified installments. If a defendant is sentenced to a term of imprisonment, an order of payment of a fine, costs or restitution shall not be enforceable during the period of imprisonment unless the court expressly finds that the defendant has assets to pay all or part of the amounts ordered at the time of sentencing. (b) When a defendant sentenced to pay a fine or costs or ordered to make restitution is also placed on probation or imposition or execution of sentence is suspended, the court may make payment of the fine or costs or the making of restitution a condition of probation or suspension of- sentence. 7.16.070 b npayment of fines or costs--Consequences. (a) When a defendant sentenced to pay a fine or to make restitution, as defined in ORS 137.103, 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 wAy 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. (b) 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 the restitution, or a specified part thereof, is paid. (c) When a fine or an order of restitution is imposed on a corporation or unincorporated association, it is the duty of the person authorized to make disbursement from the assets of the corporation or association to pay the fine or make the restic,-tion 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 thin section. :.: 62 7.16.070--7.20.020 (d) The term of imprisonment for contempt for nonpayment of fines or t failure to make restitution shall be set forth in the commitment order, and shall not exceed one day for each $25 of the fine or restitution, 30 days if -the fine or order of restitution was imposed upon conviction of a violation or misdemeanor, or one year in any other case, whichever is the shorter period. A person committed for nonpayment of a fine or failure to make restitution shall be given credit toward payment for each day of imprisonment at the rate specified in the committment order. ' (e) If it appears to the satisfaction of the court that the default in the payment of a fine or restitution 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 order of restitution or the unpaid portion thereof in whole or in part. (f) A default in the payment of a fine or costs or failure to make restitution or any installment 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 or restitution shall not discharge a defendant camnitted to imprisonment for contempt until the amount of the fine or restitution has actually been collected. Chapter 7.20 OFFENSES AGAINST PERSONS y vF A.„. Sections: IJ 7.20.010 Assault in the fourth degree. 7.20.020 Menacing defined. 7.20.030 Recklessly endangering another person. 7.20.040 Harassment. 7.20.050 Criminal defamation. 7.20.060 Assaulting a public safety officer. 7.20.010 Assault in the fourth degree. (a) A person ccandts the crime of "assault in the fourth degree” if he: (1) Intentionally, knowingly or recklessly causes physical injury to another; or (2) With criminal negligence causes physical injury to another by means of a deadly weapon. (b) Assault in the fourth degree is a Class A misdemeanor. 7.20.020 Menacing defined. (a) A person commits the crim of "rw-nacing" if, by word or conduct, he intentionally attempts to place mother person in fear of imminent serious physical injury. (b) Menacing is a Class A misdemeanor. VG 63 7.20.030--163.208 7 20 030 Recklessly endangering another person. (a) A person commits the crime of "recklessly endangering another person" if he recklessly engages in conduct which creates a substantial risk of serious physical injury to t', another person. (b) Recklessly endangering another person is a Class A misdemeanor. 7.20.040 F-arassment. (a) A person ccinnits the crime of harassment if, with intent to harass, annoy or alarm another person, the actor: (1) Subjects another to offensive physical contact; known b (2) Subjects another to alarm by conveying a false report, y the conveyor to be false, concerning death or serious physical injury to a person, which report reasonably would be .pecteci to cause alarm; er (3) Subjects another to alarm by conveying a telephonic or written threat to inflict serious physical injury on that person or to comni.t a felony involving the person or property of that person or any member of that person's family, which threat reasonably would be expected to cause alarm; h.� (4) Subjects another to alarm or annay�uica .,� telephonic use of obscenities or description of sexual excitement or sadomasochistic abuse cr sexual conduct as defined in ORS 167.060 including intercourse, masturbation, cunnilingus, fellatio, or anilingus, which use or description is patently offensive and otherwise obscene as defined in ORS 167.087 (2) (b) and (c); or (5) Causes the telephone of another to ring with no conrminicative purpose. (b) A person is criminally liable for harassment if the person knowingly permits any telephone under the person's control to be used in violation of subsection (a) of this section. (c) Harassment is a Class B misdemeanor. 7.20.050 Criminal defamation. (a) A person ccits the crime of criminal defamation" if, with intent to defame another person, he knowingly: (1) Publishes or causes to be published false and scandalous durable matter concerning such other person; or (2) Publishes or causes to be published false and scandalous matter concerning such other person by means of a radio or television broadcast. (b) it shall be a defense to any prosecuLion under this section that: (1) The matter published was true and was published with good mtive:-- and for justifiable ends; or (2) The publication is protected by an absolute or qualified privilege. (c) Criminal defamation is a Class A misdemeanor. 7.20.060 Assaulting a public safety officer. (a) A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to another person, knowing the rather person to be a peace officer, corrections officer or firefighter, and while such other person is acting in the course of official duty. (b) Assaulting a public safety officer is a Class A misdemeanor. A ' 64 163.208--7.24.010 person convicted under this section shall be sEmtenced to not less than seven days of imprisonment and shall not be granted bench parole, probation or suspension of sentence before serving at least seven days of the sentence. Chapter 7.24 OrFENSES AGAINST PP.OPEI2I Y Sections: 7.24.010 Theft--Definitions. 7.24.020 Theft--Accusation--Proof 7.24.030 Theft--Defined. 7.24.040 Theft--In the second degree. 7.24.050 Theft--Lost, mislaid property. 7.24.060 Theft--By deception. 7.24.070 Theft--By receiving. 7.24.080 Right of possession. O G'2 0,.U011.i v0 �a �„o of Et-li-n proper'ty. . 7.24.100 Theft--Defenses. 7.24.110 Theft--of services. 7.24.120 Criminal trespass--Definitions. 7.24.130 Criminal trespass--In the second degree. 7.24.135 Criminal trespass--School District #23J. 7.24.137 Criminal trespass in the second degree by a guest. 3 7.24.140 Criminal trespass--In the first degree. 7.24.145 Criminal trespass while in possession of a firearm. 7.24.150 Reckless burning. 7.24.160 Criminal mischief--In .the third degree. 7.24.170 Criminal mischief.--In the second degree. 7.24.150 Possession of burglar's tools. 7.24.190 Dog poisoning. 7.24.200 Destruction of official notices or signs. 7.24.010 Theft-Definitions. As used in this chapter, 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 she property of another for the benefit of oneself or a third person (2) "Deprive another of property" or "deprive" treans to: (a) Withhold property of another or cause property of another to b withneid from him permanently or for so extended a period or under such 65 � y i 7F24.010--7,24,050 r circumstances that the major portion of its economic value or benefit is lost to him; or (a) 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 about 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 ubo has a right to possession thereof superior to that of the taken, obtainer or withholder. (5) "Property" means any article, substance or thing of value, including but not limited to, money, tangible and intangible personal property, real property, choses-in-action, evidence of debt or of contract. 7.2.4.020 Theft--Accusation--Proof. (a) Conduct denominated theft under Section 7.24.040 constitutes a single offense. (h) An accusation of theft is sufficient if it alleges that the defendant committed theft of pcopertr• of t_h.� nature or value required for the ccnni.ssion of the crime charged, without designating the vafticularr way or manner in which the theft was committed. (c) Proof that the defendant engaged in conduct constituting theft as defined in Section 7.24.040 is sufficient to support any information or complaint for theft. 7.24.030 Theft--Defined. 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 appropriates, obtains or withhold , ,uch , riates PP P property from an owner thereof; or (2) Corm. uts theft of property lost, mislaid, or delivered by mistake as provided in Section 7.24.050; or (3) Commits theft by deception as provided in Section 7.24.060; or (4) Commits theft by receiving as provided in Section 7.24 070. 7.24.040 Theft---In the second degree. (a) A person commits the crime of "theft in the second degree" if, by other than extortion, he: (1) Commits theft as defined in Section 7.24.030; and (2) The total value of the property in a single or aggregate transaction is under *mo hundred dollars. (b) Theft in the second degree is a Class A misdemeanor. 7.24.030 Theft—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 delivered under a mistake as to the nature or amount of the 66 x � 7.24.050--7.24.080 r" property or the identity of the recipient, emits theft if, with intent to deprive the owner thereof, he fails to take reasonable measures to restore the property to the owner. 7.24.060 'heft--By deception. (a) A person, who obtains property of another thereby, commits "theft by'deception" when, with intent to defraud, he: <1) 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; (2) Fails to correct a false impression which he previously created or confirmed; or (3) Prevents another from acquiring information pertinent to the. disposition of the property involved; or (4) Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim or other 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 (5) Promises performance which he does not intend to perform or knows will not be performed. th) "pntion" does not include falsity as to matters having no pecuniary significance, or representations unlikely to deceive ordinary persons in the group addressed. (c) In a prosecution for theft by deception the defendant's intention or AS, belief that aromi.se would not be p performed shall not be established by or inferred from the fact alone that such promise was not performed. (d) 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: (1) The drawer has no account with the drawee at the time the check or order is drawn or uttered; or (2) Payment is refused by the drawee for lack of funds, upon presentation within thirty days after the date of utterance, and the drawer fails to make good within ten days after receiving notice of refusal. 7.24.0.70 Theft--By recei�. (a) A person co-,Tnits "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. (b) "Receiving" means acquiring possession, control or title, or lendi'ig on the security of the property. 7.24.080 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 superior to 7.24.080--7.24.110 that of a person who takes, obtains or withholds the property from him by means of theft. (2) A joint or coamion owner of property shall not be deemed to have a right of possession of the property superior to that of any other joint or cc moon owner of the property. (3) In the absence of a specific agreement to the contxary, a person in lawful possession of property shall be deemed to have a right of possession superior to that of a person having only a security 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. 7.24.090 Value of stolen property. For the purposes of this chapter, 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, 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 ascertainable market value, shall be evaluated as follows: (A) The value of an instrument constituting an evidence of .^. note, shall debt., including but not lunited t0, a ChuC:k, ui:d.ii. or t.rinTii$.�-.O�z' �,..�.�., 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 considered the greatest amount of economic loss which the owner might treasonably suffer because of the loss of the instrument. (3) When the value of the property cannot reasonably by ascertained, it shall be presumed to be an amount less than two hundred dollars. 7.24.100 Theft--Defenses. (a) In a prosecution for theft it is a defense that the defendant acted under an honest claim or right, in that: (1) He was unaware that the property was that of another; or (2) He reasonably believed that he was entitled to the property involved or had a right to acquire or dispose of it as he did. (b) 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. (c) It is a defense that the property involved was that of the defendant's spouse, unless the parties were not living together as man and wife and were living inseparate abodes at the time of the alleged theft. 7.24.110 Theft--Of services. (a) A person con nits the crime of theft of services if: (1) with intent to avoid payment therefor,- he obtains services that are available only for compensation by force, threat, deception or other means 68 7.24.110--7.24.120 i to avoid payment for the services; or (2) Having control over the disposition of labor or of business, canmercial or industrial equipment or facilities of another, he uses or diverts to the use of himelf or a third person such labor, equipment or s facilities with intent to derive a commerical benefit for himself or a third person not entitled thereto. (b) As used in this section, "services" includes but is not limited to, labor, professional services, toll facilities, transportation, telephone or 8; other ca►municati.ons service, entertainments, the supplying of food, lodging or other accommodations in hotels, restaurants or elsewi-iere, the supplying of equipment for use, and the supplying of conmodities of a public utility nature such as gas, electricity, steam and water. (c) Absconding without payment or offer to pay for hotel, restaurant or other services for which compensation is customarily paid immediately upon the receiving of then is prima facie evidence that the services were obtained by deception. (d) Theft of services is a Class A misdemeanor if the aggregate total amount of services the person obtains or attempts to obtain is under $200.00. 7.24.120 Criminal trespass--Definitions. As used in Sections 7.24.120 to 7.24.180, except as the context requires otherwise: (1) "Building" in addition to its ordinary meaning, includes any 4- Fa t .�,_, ctur- aua ed far w,"'i.�c:.a-, uir."..-- or vi..aaui. u u.., ua, u accamcdation of persons or for carrying on ,business rtherein. Where? a building consists of separate units, including but not limited 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 intermittently is occupied by a person lodging therein at night, whether or not a person is ` actually present. ' (3) "Enter or remain unlawfully" means: (A) rib enter or remain in or upon premises when the premises, at the time of such entry or 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 circumstances 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 pPxson, his representative or his employee who has lawful control of premises by ownership, tenancy, official position or other legal relationship. It includes but is not limited to the person, or holder of a position, designated as the person or position-holder in chargc by the Governor, board, commission or governing body of any politial � subdivision of this state. (b) "Premises" includes any building and any real property, whether privately or publicly cwned 8 69 7.24.120--7.24.150 (7) "Property of another" means property in which anyone other than the actor has a legal or equitable interest that the actor has no right to defeat or impair, even though the actor may also have such an interest in the property. 7.24.130 Criminal trespass--In the second degree. (a) A person commits the crime of "criminal trespass in tiG second degree" if he enters or .remains unlawfully in or upon premises. (b) Criminal trespass in the second degree is a Class C misdemeanor. 7.24.135 Criminal. trespass--School District #23J. (a) A person commits the crime of criminal trespass in the second degree if he permits, brings or allows any horse, mule, donkey or other such animal, whether or not attended, at any time on any site or lands of School District 423J within the city, improved for school purposes. (b) A person commits the crime of criminal trespass in the second degree if he uses, operates or rides upon any motorized vehicle on or within any lands of School District #231 within the city, improved for school site purposes, other that: on or within driveways, parking areas and otherareas specially designated for vehicular use, unless directed to do so by the adTPjphictratiR7Q officers of the district. (c) violation of this section shall constitute a Class C misdemeanor and upon conviction shall be subject to the penalties as provided by Chapter 7.16. k 7.24.137 Criminal trespass in the second degree by a guest. A guest commits the crime of criminal trespass in the second degree if that guest intentionally remains unlawfully in a transient lodging after the departure date of the guest's reservation without the approval of the hotel.keeper. "Guest" means a person who is registered at a hotel and is assigned to transient lodging, and includes any individual accompanying the person. 7.24.140 Crjxdnzl trespass--In the first degree. (a) A person commits the crime of "criminal trespass in the first degree" if he enters or rennins unlawfully .in a dwelling. (b) criminal trespass in the first degree is a Class A misdemeanor. 7.24.145 Criminal trespass while in possession of firearm. (a) A person snits the crime of criminal trespass while in possession of a firearm who, while in possession of a firearm, enters or remains unlawfully in or 'upon premises. (b) Criminal trespass while in possession of a firearm is a Class A misdemeanor. 7.24.150 Reckless burning. (a) A person commits the crime of "reckless 70 7.24.150-7.24,200 t burning" if he recklessly damages property or anothar by .fire or explosion. (b) Reckless burning is a Class A misdexeanor. 7.24.160 Criminal mischief--In the third degree. (a) 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 interfere with property of another. (b) Criminal mischief in the third degree is a Class C misdemeanor. 7.24.170 Criminal mischief--In the second degree. (a) A person camtits. the crime of "criminal mischief in the second degree" if: (1) He violates Section 7.24.160 and as a result thereof, damages property in an amount exceeding one hundred dollars; or (2) Having no right to do so nor reasonable ground to believe ti-.at he has such right, he intentionally damages property of another, or he recklessly damages property of another in an amount exceeding one hundred dollars. . IV,I Q,4m'i n 1 —J Sch4 f in the -- nd d--r-e is a Class Ia misdeff —aa ror 7.24.180 Possession of burglar's tools. (a) A person commits the crime of "possession of burglar's tools" if he possesses any burglar tool with the intent to use the tool or knowing that some person intends to use the tool to cbmit or facilitate a. forcible entry into premises or theft by a physical taking. (b) "Burglar tool" .-:anis an acetylene torch, electric arc, burning bar, ' thermal lance, oxygen lance or other similar device 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 ccmmnly used for con hitting or facilitating a forcible entry into premises or theft by a physical taking. (c) Possession of burglar's tools is a Class A misdemeanor. 7.24.190 Dog poisoning. (a) A person commits the offense of "poisoning - a dog or dogs" 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. (b) The offense cf poisoning dogs is a Class B misdemeanor. 1.24.200 Destruction of official notices or signs. (a) A person camAts the offense of "destruction of official notices or signs" if he defaces or tears down any official notice or bulletin, or any official sign or signal posted or placed in conformity with law. (b) Destruction of official notices or signs is a violation. 71 7.28.010--7.28.040 ( Chapter 7.28 k OBSTRUCTING LAW ENFORCEMENT Sections. 7.28.010 False swearing. 7.28.020 Unsworn falsification'. 7.28.030 Failure to appear in the second degree. 7.28.040 Obstructing governmental administration. 7.28.050 Refusing to assist peace officer. 7.28.060 Refusing to assist fire-fighting operations. 7.28.070 Tampering--With witness. 7.28.080 Tampering--With physical evidence. 7.28.090 Tampering--With public records. 7.28.100 Resisting arrest. 7.28.110 Initiating a false report. 7.28.115 Giving false infonration to police officer for a citation. 7.28.120 Criminal impersonation. 7.28.130 Hindering prosecution. 7.28.010 False swearing. (a) A person commits the crime of "false swearing" if he makes a false sworn statement, knowing it to be false. (b) False swearing is a Class A misdemeanor. 7.28.020 Unsworn falsification. (a) A person commits the crime of "unsworn falsification" if he knowingly makes any false written statement to a public servant in connection with an application for any benefit. (b) Unsworn falsification is a Class B misdemeanor. , 7.28.030 Failure to appear in the second degree. (a) A person ca wits the crime of failure to appear in the second degree if, having by court order been released from custody or a correctional facility upon a release agreement or security release upon the condition that he will subsequently appear personally in connection with a charge against him of having committed a misdemeanor or violation, he intentionally fails to appear as required. (b) Failure to appear in the second degree is a Class A misdemeanor. 7.28.040 Obstructing governmental administration. (a) A person coaiits the crime of obstructing governmental or judicial administration if the person intentionally obstructs, impairs or hinders the administration of law or other governmental or judicial function by means of intimidation, force, physical or economic interference or obstacle. (b) This section shall not apply to the obstruction of unlawful governmental or judicial action or interference with the making of an arrest. (c) Obstructing governmental or judicial administration is a Class A misdemeanor. 72 R 7.28.050--7.28.100 7 28 06G Refusing to assist fire-fi hchting operations. (a) A person commits the offense of "refusing to assist in fire-fighting operations" if: (1) Upon command by a person known by him to be a fireman he unreasonably refuses or fails to assist in extinguishing a fire or protecting property threatened thereby; or (2) Tjpon camiaid by a person known by him to be a f firearm or peace officer he intentionally and unreasonably disohx,ys a lawful order relating to his conduct in the vicinity of a fire. (b) Refusing to assist in fire-fighting operations is a violation. 7 28.070 Tampering--With witness. (a) A person oc mdts the crime of "tampering with a witness" if: (1) 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 (2) He knowingly induces or attempts to induce a witness to absent himself from any official proceeding to which he has been legally summoned. (b) Tampering with a witness is a Class A misdemeanor. 7.28.080 Tampering--With physical evidence. (a) A person commits the crime of "tampering with physical evidence" it, 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: (1) Destroys, mutilates, alters, conceals or removes physical evidence impairing its verity or availability; or (2) Knowingly makes, produces or offers any false physical evidence; or (3) Prevents the production of physical evidence by an act of force, intimidation, or deception against any person. (b) Tampering with physical evidence is a Class A misdemeanor. 7 28 0blic records (a) A person cc Lits 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. (b) Tampering with public records is a Class A misdemeanor. 7 28 100 Resisting arrest. (a) A person conmits the crime of "resisting arrest" if he intentionally resists a person known by him to be a peeve officer in making an arrest (b) "Resists," as used in this section, means the use or threatened use of violence, physical force or any other means that cremes a substantial risk : of physical injury to any person. ! (c) It is no defense to a prosecution ander this section that the peace officer lacked legal authority to make the arrest, provided he was ming under color of his official authority. 4. 73 s 1 t 7.28.100-7.28.1.30 (d) Resisting arrest is a Class A misdemeanor. 7.28.110 Initiating a false report. (a) A person commits the crime of "initiating a false report" if he knowingly initiates a false alarm or report which is transmitted to a fire department, law enforcement agency or other organization that deals with emergepcies involving danger to life or property. (b) Initiating a false report is a Class C misdemeanor. 7.28.115 Giving false information to police officer for a citation. (a) A person cc niits the crime of giving false information to a peace officer for a citation if the person knowingly uses or gives a false or fictitious name, address or date of birth to any peace officer for the purpose of the officer's issuing or serving the person a citation tinder authority of ORS 133.045 to 133.080, 133.110 and 156.050. (b) A person who violates this section corBmits a Class A misdemeanor. 7.28.120 Criminal impersonation.* (a) 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 act in such assumed character. (b) Criminal impersonation is a Class A misdemeanor. 7.28.130 Hindering prosecution. (a) A person ccnmi.ts the crime of hindering prosecution if, with intent to hinder the apprehension, prosecution, conviction or punishment of a person who has cm-itted a crime or violation or with the intent to assist a person who has committed a crime or violation in profiting or benefiting from the cam ission of the crime, he: (1) Harbors or conceals such person; or (2) warns such person of impending discovery or apprehension; or (3) ' Provides or aids in providing such person with money, transportation, weapon, disguise, or other means of avoiding discovery or apprehension; or (4) Prevents or obstructs, by means of .force, intimidation or deception, anyone from performing an act: which might aid in the discovery or apprehension of such person; or (5) Suppresses by any act of concealment, alteration or destruction physical evident-- which might aid in the discovery or apprehension of such person, or. (6) aids such person in securing or protecting the proceeds of the C"lIIie. (b) Hindering prosecution is a Class A misdemeanor. For statutory provisions prohibiting false representation as a peace officer, see ©RS 162.560. - 74 a ' 7.32.010--7.32.040 Chapter 7.32 OFF04SES AGAINST PUBLIC ORDER sections: 7.32.010 Disorderly conduct. 7.32.040 Abuse of venerated objects. 7.32.050 Offensive littering. 7.32.OGJ Creating a hazard. 7.32.070 Improper garbage transportation. 7.32.080 Blasting without permit. 7.32.090 Peddling (Green River Ordinance). 7.32.100 railing to remove Xce or snow. 7.32.110 Public indecency. 7.32.120 Discharge of weapons. 7.32.125 Carrying loaded firearms. 7.32.130 Carrying concealed weapons. 7.32.140 Seizure and destruction of concealed weapons. 7.32.350 Use of airgunsand beanshooters. _ 7.32.160 Manufacturing, selling, carrying or possessing slugging or stabbing weapons. 7.32.170 Persons permitted to carry blackjacks. 7.32.010 Disorderly conduct. (a) A person commits the crime of "disorderly conduct" if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof,, he: (1) Engages in fighting or in violent, tumultuous or threatening f behavior; or (2) Makes unreasonable noise; or (3) Disturbs any lawful assembly of persons without lawful authority; or (4) Obstructs vehicular or pedestrian traffic on a public way; or (5) Congregates with other persons in a public place and refuses to cwply with a lawful order of the police to disperse; or (6) Initiates or circulates a report, knowing it to b2 false, cu concerning an alleged or irnpanding fire, explosion, crime, catastrophe or other emnrgency;,or (7) Creates a hazardous or physically offensive condition by any act which he is not licensed or privileged to do. (b) Disorderly conduct is a Class B misdemeanor 7.32.040 Abuse of venerated objects. (a) A person caranits the crime of "abuse of venerated objects" if he intentionally abuses a public monument or structure, a plak,�, of worship or burial, or the national or state. flag. 75 7.32.040-7.32.060 (b) As used in this section, "abuse" means to deface, damage, defile or ott•.erwise physically mistreat in a manner likely to outrage public sensibilities. (e) Abuse of venerated objects is a Class C misdemeanor. 7.32.0.50 Offensive littering. (a) A person commits the crime of offensive littering if he creates an objectionable stench or degrades the beauty or appearance of property or detracts from the natural cleanlinessor safety of property by intentionally: (1) Discarding or depositing any rubbish, trash, garbage, debris or other refuse upon the land of another without permission of the anter, or upon any public way c,.. in or upon any public transportation facility; or (2) Draining, or causing or permitting to be drained, sewage or the drainage frau a cesspool, septic tank, recreational or camping vehicle waste holding tank or other contaminated source, upon the land of another without permission of the owner, or upon any public way; or (3) Permitting any rubbish, trash, garbage, debris or other refuse to be thrown from a vehicle which he is operating; excepL that this subsection shall not apply to a person operating a vehicle transporting passengers for hire subject to regulation by the Interstate Comiarce Commission or the Public Utility Commissioner. (b) As used in this section, "public way" includes, but is not limited to, roads, streets, alleys, lanes, trails, beaches, parks and all recreational facilities operated by the state, a county or a local TM-Micipality for use by the general public. (c) As used in this section, "public transportation facility" has the meaning provided for in ORS 164.365. (d) offensive littering is a Class C misdemeanor. (1971 c.743 s.283; 1975 c.344 :,.2) 7.32.060 Creating a hazard. (a) A person commits the crime of "creating a hazard" if: (1) He intentionally maintains or leaves in a place accessible to children a container with a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot easily be opened frau the inside; or (2) Being the owner or otherwise having possession of property upon which there is a well, cistern, cesspool, excavation or other hole of a depth of four feet or mare and a top width of twelve inches or more, he intentionally fails or refuses to cover or fence it with a suitable protective construction. (b) Creating a hazard is a Class B misdemeanor. ., 76 7.34.010-7.34.030 Chapter 7.34 CONIROLLED SUBSTANCTS Sections: 7.34.010 Definitions. 7.34.020 Frequenting a place where controlled substances are used. 7.34.030 Prohibited acts generally; penalties. 7.34.010 Definitions. A.s used in this chapter the words shall have the same meaning as set forth in ORS 475.005 unless the context requires otherwise. 7.34.020 Frequenting a place where controlled substances are used. (a) A person ccxm-Lits the offense of frequenting a place ;here controlled substances are used if he keeps, maintains, frequents, or remains at a place, while knowingly permitting persons to use controlled substances in such place or to keep or sell them in violation of ORS 475.005 to 475.285 and 475.991 to 475.995. (b) Frequenting a place where controlled substances are used is a Class A misdemeanor. (c) Notwithstanding subsection (b) of this section, if the conviction is for knowingly maintaining, frequenting or remaining at a place where one avoirdupois otunce of the dried leaves, stems, and flowers of the plant Cannabis family Nbraceae is found at the time of an arrest under this sectio.., frequenting a place where controlled substances are used is a violation punishable by a fine of not more than $100. (d) As used in this section, "frequents" means repeatedly or habitually visits, gees to or resorts to. 7.34.030 Prohibited acts generally; penalties. (a) Except as authorized by ORS 4.75.005 to 475.285 and 475.991 to 475.995, it unlawful for any person to manufacture or deliver a controlled substance. Any person who violates this subsection with respect to: (1) A controlled substance in Schedule 1V, is guilty of a Class B misdemeanor. (2) A controlled substance in Schedule V, is guility of a Class C misdemeanor. (b) Notwithstanding the placement of marijuana in a schedule of � controlled substances under ORS 475.005 to 475.285: i (1) Any person who delivers, for no consideration, less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis family Moraceae is guilty of a Class A misdenkeaunor, except that any person who 77 M 7.34.030-7.16.010 delivers, for no consideration, less than five grams of the dried leaves, stems and flowers of the plant Cannabis family Moraceae is guilty of a violation, punishable by a fine of not more than $100. (c) It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practioner while acting in the f his cprofessional racti ' -cept- + n a L__ ^ curse o_ _ practice, 'or e�....c-� as o�h�rwisc autY��orru� UY a� 475.005 to 475.285 and 475.991 to 475.995. Any person who violates this subsection with respect to: (1) A controlled substance in Schedule III, is guilty of a Class A misdemeanor. (2) A controlled substance in Schedule IV, is guilty of a Class C misdemeanor. (3) A controlled substance in Schedule V, is guilty of a ' violation. (4) Notwithstanding the placement of marijuana in a schedule of. controlled substances under ORS 475.005 to 475.2351 any person who knowingly o:c intentionally is in unlawful possession of less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis family N,oraceae is guilty of a violation, punishable by a fine cf not more than $100. Chanter 7.36 MINORS s Sections: 7.36.010 Misrepresentation of age. l 7.36.020 Sale or gift of liquor prohibited--Exception. 7036.030 Purchase or possession of liquor by person under twenty-one years of age. 7.36.040 Unattended minor in a vehicle. 7.36.050 Harboring a runaway child. 7 36 010 misrepresentation of age. (a) 'A person commits the crime of "_misrepresentation of age by a minor" if: (1) 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 (2) 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 umnarrierd persons. (b) Misrepresentation of age by a manor is<a Class C misdemeanor. 78 r t 7,36.020-7..36.040 7.36.020 Sale or gift of liquor prohibited__}�cception. (a) No person shall sell, give or otherwise make available any alcoholic liquor to any person who is visibly intoxicated. (b) No one other than the person's parent or guardian shall sell, give or otherwise make available any alcoholic liquor to a person under the age of 21 years. A person violates this subsection who sells, gives or otherw,.5a makes available alcoholic liquor to a person with the luiowledge that the person to wham the liquor is made available will violate this subsection. (c) A person who violates this section ccxmtits a Class A misdemeanor. Upon violation of subsection (b) of this section, the court shall impose at least a mandatory minimum sentence as follows- (1) Upon a first conviction, a fine of $350. (2) upon a second conviction, a find of $1,000. (3) Upon a third or subsequent conviction, a fine of $1,000 and not less than 30 days of imprisonment. -- (d) The court shall not Waive or suspend imposition of the minirm3m mandatory sentence required by subsection (c) of this section. In addition to the mandatory sentence the court may require the violator to make restitution for any damages to property where the alcoholic liquor was illegally consumed or may require participation in volunteer service to a community service agency- (e) The penalty provisions of subsection (c) of this section shall not apply to persons licensed or appointed under the provisions of ORS chapters 471 and 472. (f) Nothing in this section prohibits any licensee under this chapter from allowing a person who is visibly intoxicated from remaining on the licensed premises so long as the person is not sold or served any alcoholic liquor. 7.36.030 Purchase or possession of liquor by person under twenty-one years of aqe. (a) No person under the age of 21 years shall attempt to purchase, purchase or acquire alcoholic liquor. Except when such minor is in a private residence accompanied by the parent or guardian of the minor and with such parent's or guardian's consent, no person under the age of 21 years shall have personal possession of alcoholic liquor. (o) For the purposes of this section, personal possession of alconolic liquor includes the acceptance or consumption of a bottle of such liquor, or any portion thereof or a drink of such liquor. However, this section does not prohibit the acceptance or consumption by any person of sacramental wine as part of a religious rite or service. (c) Except as authorized by rule or as necessitated in an emergency, no person under the age of 21 years shall enter or attempt to enter any portion of = licensed premises that is posted or otherwise identified as being prohibited to the use of minors. (d) Any person who violates subsection (a) or (c) of this section carcnits a violation punishable by a fine of not more than $250. 7.36.040 Unattended minor in a vehicle. (a) It shall be urilaurful for a =y person having the care and custody of a minor under six years of age to 79 7.36.040-•7.44--010 leave such minor unattended in a locked vehicle, or to leave such nu.nor unattended in an unlocked vehicle for more than fifteen minutes. A minor is unattended within the meaning of this section if the oldest person with the minor is under the age of ten years. (b) Leaving an unattended minor in a vehicle shall be a Class B tt8iic:x7k:aiivi. 7.36.050 Harboring ranaway child. (a) It shall be unlawful for any person knowingly to harbor a runaway child. As used in this section: (1) "To harbor" mans to provide lodging, whether or not for compensation, without first notifying the Bureau of Police; and (2) "Knowingly" means with actual knowledge or under circumsta�ices that would lead a person of cam-on intelligence to believe that the child was a runaway; and (3) "Runaway child" means an unmarried child under 18 years of age who, without consent of the parent or other person having legal custody of that child, leaves and stays away from the home or other dwelling place provided for the child by that person. (b) Harboring a runaway child shall be a Class B misdemeanor. Chapter 7.44 ( CURFEW HOURS FOR MINORS Sections 7.44.010 Prohibition of unaccompanied or unemanci_pated minors from being in public places during certain hours. 7.44.020 Prohibition of parents, guardians or custodians from allowing minors to be in public places during curfew hours. 7.44.030 Custody of minors violating curfmi. 7.44.040 Violation by parent, guardian or custodian. 7.44 010 Prohibition of unaccompanied or unemar_cipated minors from being in public places during certain hours. (a) No minor_ shall be in or upon any street, l-.igh,aay, park, alley or other public place between the hours of 12 midnight and 4 a.m. of the following corning, unless: (101 Such minor is accompanied by a parent, guardian or other person 18 years of age or over and authorized by the parent or by law to have care and custody of the minor. (2) Such minor is then engaged in a lawful pursuit or activity which requires his presence in such public places during the hours specified in this section; or (3) The rninor is en ncipated pursuant to ORS 109.550 to 109.565. H 80 aY 7.44.020----7.44.040 7.44.020 Prohibition of�aarents, guard.;ans or custodians from allowin minors to be in public places during curfew hours.~ (a) No parent, guardian or person having the care and custody of a minor under the age of 18 ,years shall allow such minor to be in or upon any street, higbway, park, alley or ,nr other public place between the hours specified in ,.�...:, 419.710, Emco_t P-� as otherwise provided in that section. 7.44.030 Custody of minors violating curfew. (a) Any minor who violates ORS 4.19.710 may be taken into custody as provided in ORS 419.569 and may be subjected to further proceedings as pravi.ded in ORS 419.472 to 419.597, ® 419.800 to 419.839 and 419=990 (2). 7.33.040 Violation by parent, guardian or custodian. (a) Violation of Section 7.44.020 shall be a Class C misdemeanor. 3 ' a "� K