HomeMy WebLinkAbout2637 Amends Chapter 10 TitleAN ORDINANCE AMENDING TITLE 10 OF THE ASHLAND MUNICIPAL CODE
RELATIVE TO PUBLIC PEACE, MORALS AND SAFETY.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Title 10 of the Ashland Municipal Code relative to
public peace, morals and safety is hereby amended in its entirety
as set forth in Exhibit "A" attached hereto and made a part
hereof as if set forth in full herein.
The foregoing ordinance was first read by title only in accord
with Article X Section 2 (c) of the City Charter on the 18th day
of June, 1991, and passed to its second reading by title only and
duly ADOPTED this /~-~ day of ~w~_~ ,1991.
/
Nan E. Franklin
City Recorder
SIGNED and APPROVED this
, 1991.
Catherine M. Goiden
Mayor
6/7/91-TITLE10.ORD
Title 10
PUBLIC PEACE, MORALS AND SAFETY
Chapters:
I. OFFENSES BY OR AGAINST PUBLIC OFFICERS AND GOVERNMENT
10.04 Interference with Police Department
II. OFFENSES AGAINST THE PERSON
10.12 Assault
III. OFFENSES AGAINST HEALTH AND SAFETY
10.24 Fireworks
10.26 Swimming Pools
10.28 Narcotics and Dangerous Drugs and Chemicals
10.30 Open Burning
IV. OFFENSES AGAINST PUBLIC DECENCY
10.40 Liquor Regulations
OFFENSES AGAINST PUBLIC PEACE
10.44 Disorderly Conduct
OFFENSES AGAINST PROPERTY
10.56 Trespass
10.60 Injury to or Destruction of Property
10.64 Obstructing Sidewalks and Passageways
10.68 Public Parks
10.72 Theft
VIII. OFFENSES BY OR AGAINST MINORS
10.84 Curfew
10.88 Miscellaneous Offenses by or Against Minors
VI.
IX. WEAPONS
10.92 Discharge of Weapons
10.96 Penalties
X. GAMBLING
10.100 Social Gambling
XI. MISDEMEANORS
10.104 State Defined
XII.
HOUSING
10.110 Fair Housing
I. OFFENSES BY OR AGAINST PUBLIC OFFICERS AND GOVERNMENT
Chapter 10.04
INTERFERENCE WITH POLICE OR FIRE DEPARTMENT*
Sections:
10.04.010
10.04.030
Definitions.
Interference with police.
10.04.010 Definitions. Unless the context requires otherwise, the
following definitions apply:
A. "Minor" means a person under the age of twenty-one (21) years,
except as otherwise provided.
B. "Person" means a natural person, firm, partnership, association,
or corporation whether he is acting for himself or as the clerk,
servant, employee, or agent of another.
* For statutory provisions regarding the offense of hindering
prosecution, see ORS 162.325; for provisions regarding false fire
alarms, see ORS 162.375; for provisions regarding criminal
impersonation, see ORS 162.365.
C. "Public place" means a building, way, place, or
accommodation, whether publicly or privately owned, open, and
available to the general public. (Ord. 1158 sl, 1968).
10.04.030 Interference with police. A. No person shall
hinder, delay, obstruct or resist a police officer or person duly
empowered with police authority who is acting in the discharge of
his/her duties. (Ord. 2234 sl, 1983).
B. No person shall operate any generator or electromagnetic
wave or otherwise cause a disturbance of such magnitude as to
interfere with the proper functioning of any police radio
communication system of the city.
C. No person shall refuse to leave the area of an arrest,
custody, or stop, or having left that area, re-enter it, after being
directed to leave the area by a person know to him to be a peace
officer.
"To leave the area of an arrest, custody or stop." To
physically move to a location not less than 10 feet extending in a
radius from where a police officer is engaged in effecting an arrest,
taking a person into custody, or stopping a person, provided that the
peace officer may extend the radius beyond 10 feet when he/she
reasonably believes that the extension is necessary because of
substantial risk of physical injury to any person.
10.04.040 Penalties. Any person violating this section
shall be guilty of a misdemeanor as set forth in Section 1.08.010.
Sections:
10.12.010
II.
OFFENSES AGAINST THE PERSON
Chapter 10.12
ASSAULT*
Assault and battery.
10.12.010 Assault and Battery. No person shall attack,
assault, or commit a battery upon another person. Ord. 1558 s2,
1968).
For statutory provisions regarding assault, see ORS 163.165
et seq.
III. OFFENSES AGAINST HEALTH AND SAFETY
Chapter 10.24
FIREWORKS*
Sections:
10.24.010 Adoption of state fireworks law.
10.24.010 Adoption of state fireworks law. Sections 480. 110 through
480.170 of the Oregon Revised Statutes are adopted and incorporated
herein by reference. (Ord. 1558 Sll, 1968)**
10.24.020 Penalty for violation. Any person who violates any
provision of this Chapter shall be punished as set forth in Section
1.08.020 of the Ashland Municipal Code. (Ord. 2179 S3, 1982)
Chapter 10.26
SWIMMING POOLS
Sections:
10.26.010
10.26.020
10.26.030
10.26.040
10.26.050
Public Hazard--Defined.
Physical Barrier Required.
Applicability--Exceptions.
Modification and Extension.
Violation--Penalty.
10.26.010 Public Hazard--Defined. It is determined and declared that
the maintenance of private swimming pools without appropriate
precautionary measures constitutes a hazard to the safety of the
inhabitants of the city, particularly children.
10.26.020 Physical Barrier Required. A. Every person, firm or
corporation in possession of land within the city, either as an owner,
purchaser under contract, lessee, tenant, or licensee, in which there
is situated an excavated or portable swimming pool containing or
capable of containing water eighteen inches or more in depth at a
point, shall erect and maintain on the lot or premises upon which such
pool is located an adequate physical barrier sufficient to make such
pool inaccessible to unsupervised small children.
* For statutory provisions regarding fireworks, see ORS 480.110 et.
seq.
** Editor's Note: Amended during codification per request of the city
attorney dated September 5, 1973 (Exhibit F).
B. Such physical barrier shall completely surround such pool and
shall not extend less than three (3) feet above the adjacent ground
level with openings no larger than four inches in any dimension
except doors and gates; provided however, that a dwelling house or
accessory building may be used as part of such enclosure.
C. Such physical barrier shall be constructed in such a way as to
prevent access under the lower edge by small children.
D. All gates or doors opening through the enclosure, except the door
of any dwelling occupied by human beings and forming any part of the
enclosure required above, shall be equipped with a self-closing and
self-latching device designed to keep and capable of keeping the door
or gate securely closed at all times when not in actual use. The
self-latching device shall be placed not less than three feet above
the underlying ground or otherwise made inaccessible from the outside
by small children.
E. If the exterior walls of a portable or raised swimming pool are
vertical and extend at least 36 inches above the grade of the abutting
ground at all points, no further fencing shall be required except such
as will be necessary to enclose the ladder, steps, or other such
access to the pool.
F. Approved covers or alternate means of protection may be authorized
by the Building Official if they can be shown to provide protection
equivalent to that described in this section.
10.26.030 Applicability--Exceptions. A. The primary method for
enforcement of this chapter shall be by discovery or the filing of a
complaint with the city.
B. The provisions of this chapter shall not apply to swimming pools
which are owned, operated and maintained by a legally constituted
public jurisdiction.
C. All new swimming pools erected after the adoption of this chapter
shall meet the conditions set forth in this chapter.
D. Any person, firm, or corporation in possession of land within the
city, either as an owner, purchaser under contract, lessee, tenant, or
licensee in which there is situated an excavated or portable swimming
pool, shall erect some sort of fencing within sixty days of adoption
of this chapter and be in full compliance with the requirements
contained in this chapter by July 1, 1990.
10.26.040 Modification and Extension. A. The Building Official may
allow slight or minor modifications for good cause shown in individual
cases with respect to the nature or location of fences, walls, gates
or latches, or the necessity therefor, provided the degree of
protection is not reduced thereby.
B. The Building official, upon application of a person, firm or
corporation may grant an extension of time for compliance in
individual cases upon showing of good cause. Such extension of time
shall not exceed thirty days.
10.26.050 Violation--Penalty. Any person, firm or corporation found
in violation of the terms of this chapter, and upon conviction, shall
be guilty of an infraction and shall be punished as set forth in
Section 1.08.020 of the Municipal Code. (Ord. 2571, 1990)
Chapter 10.30
CONTROLS ON OPEN BURNING
Sections:
10.30.010
10.30.020
10.30.030
10.30.040
10.30.050
10.30.060
10.30.070
10.30.080
Outdoor Burning Restricted.
Period When Outdoor Burning is Not Allowed.
Ventilation Index.
Exempted Fires.
Special Exemptions--Disease Control.
Special Exemptions--Religious Fires.
Permits Required.
Enforcement and Penalties.
10.30.010 Outdoor Burning Restricted. No person shall start or
maintain any outdoor fire (except for outdoor cooking) for the purpose
of burning any combustible material, except as allowed under this
ordinance. Nor shall any person in control of any premises cause or
knowingly allow any such fire to be started or maintained on any part
of such premises. No barrel burning or burning of garbage, plastic,
styrofoam, or other noxious materials shall be allowed at any time
during the year, including burning such materials in woodstoves or
fireplaces.
10.30.020 Period When Outdoor Burning is Not Allowed. This ban on
outdoor burning shall be in effect for the entire year except for the
period April, May and September 15 to October 15.
10.30.030 Ventilation Index. No outdoor burning shall be allowed on
any day when the ventilation index is less than 400. However, fires
permitted by Sections 10.30.050 or 10.30.060 of this ordinance may be
allowed on any day by permit from the city's Fire Chief. The
ventilation index is the National Weather Service's indicator of the
relative degree of air circulation in the Rogue Valley.
10.30.040 Exempted Fires. The following types of outdoor fires may
be allowed by the Fire Chief, or his/her representative, by permit on
days when the Fire Chief, or his/her representative, determines that
the ventilation index exceeds 400 and that fire conditions are
conducive to burning. With the exceptions of fires allowed under
Subsections A and F, the fire should not be allowed unless it is
determined by the Fire Chief, or his/her representative, to be the
only feasible way to dispose of the debris.
A. Burning of a structure or other use of fire for training
purposes by the Fire Department;
B. Field burning in agricultural areas;
C. Fire hazard reduction burning;
D. Slash and other forest service burning in the interface
and forested areas covered under the Smoke Management Plan;
E. Certain other fires when, because of topography, there is
no other feasible way to remove debris; and
F. Any burning which has written approval of DEQ.
10.30.050 Special Exemptions--Disease Control. The following types
of outdoor fires may be allowed by the Fire Chief, or his/her
representative, on any day of the year:
A. Fires to control agricultural diseases, such as blight,
that must be destroyed immediately by fire to prevent the spread of
disease.
B. Burning bee hives and bee-keeping paraphernalia to
eradicate the spread of disease.
10.30.060 Special Exemptions--Reliqious Fires. A. Religious fires
shall be allowed by the Fire Chief, or his/her representative, on any
day of the year, provided that all safety precautions required by the
Fire Chief have been complied with.
B. During periods which the Fire Chief, or his/her
representative, has declared an extreme fire danger, religious fires
shall also require six hours advance notification to the Fire Chief or
his/her representative.
10.30.070 Permits Required. A permit issued by the Fire Chief, or
his/her representative, shall be required for all burning, including
the exempted fires of Sections 10.30.040, 10.30.050 and 10.30.060.
A. Upon receipt of a request for a permit and application fee for any
fire, except a religious fire, the Fire Chief, or his/her
representative, shall undertake whatever investigation he/she deems
necessary. Based on this investigation, the Fire Chief or his/her
representative may approve the permit. The Fire Chief, or his/her
representative, shall approve fires only when it is determined such
fires do not constitute a hazard and that steps have been taken to
assure reasonable public safety. Such fires shall conform with
Article 11 of the Uniform Fire Code. Fires which are approved by
permit shall be maintained during daylight hours and by a competent
adult person, and shall be extinguished prior to darkness unless
continued burning is specifically authorized by the Fire Chief or
his/her representative. In addition, the Fire Chief, or his/her
representative, may deny a permit for fires allowed under Section
10.30.040 if it is determined that the debris proposed for burning has
a high moisture content and would burn better after a period of aging.
Outside burning without a permit is hereby declared to be a public
nuisance and may be summarily abated by the Fire Chief, Chief of
Police, or their representatives.
B. Annual permits for religious fires authorized under
Section 10.30.060 shall be issued by the Fire Chief without charge,
stipulating the safety precautions which must be followed. The
stipulation of Subsection 10.30.070(A), limiting fires to daylight
hours, shall not apply to this subsection.
10.30.080 Enforcement and Penalties. Any person, firm or
corporation, whether as a principal agent, employee or otherwise,
violating or causing violation of any of the provisions of this
ordinance, has committed an infraction, and upon conviction thereof,
is punishable as prescribed in Section 1.08.020 of the Ashland
Municipal Code. Such person, firm or corporation is guilty of a
separate violation for each and every day during which any violation
of this Title is committed or continued by such person, firm or
corporation. (Ord. 2535, 1989)
IV. OFFENSES AGAINST PUBLIC DECENCY
Chapter 10.40
LIOUOR REGULATIONS*
Sections:
10.40.190 Bartender not to drink on duty. No bartender
shall drink or consume alcoholic liquor, or be under the influence of
alcoholic liquor, while on duty in a licensed premise. (Ord. 1272
s19, 1960).
10.40.200 License scope--Conformance required. No licensee
or his employee shall have in his possession on the licensed premise
alcoholic liquor that is not included within the scope of his license.
(Ord. 1272 ,20, 1960).
10.40.210 Consumption of alcoholic liquors in public places
prohibited. No person shall drink or consume alcoholic liquor in or
upon any street, alley, public ground, or other public place unless
the place has been licensed for that purpose by the Oregon Liquor
Control Commission. (Ord. 1272 ,21 1960).
V. OFFENSES AGAINST PUBLIC PEACE
Chapter 10.44
DISORDERLY CONDUCT*
Sections:
10.44.010 Disorderly conduct
10.44.010 Disorderly conduct. A. No person shall without
good cause, while on the premises of a drive-in restaurant, drive-in
bank, drive-in theater, drive-in business, public parking facility, or
other public or private property where parking or drive-in facilities
are offered or extended to public use, impede the orderly movement of
vehicles or pedestrian traffic.
10.44.020 Penalties. Any person violating this section shall
be guilty of a misdemeanor as set forth in Section 1.08.010.
VI. OFFENSES AGAINST PROPERTY
Chapter 10.56
TRESPASS*
Sections:
10.56.020 Trespass
10.56.020 Trespass. No person shall wrongfully go or
trespass upon real or personal property belonging to the city or any
person within the city. (Ord. 1558 ,27, 1968).
For statutory provisions regarding criminal trespass, see ORS
164.205 et seq.
Sections:
Chapter 10.60
INJURY TO OR DESTRUCTION OF PROPERTY*
10.60.020
10.60.050
prohibited.
10.60.060
Injury to or removal of property.
Library property--Retention past due date
Violation -- Penalty.
10.60.020 Injury to or removal of property. A. No person,
without proper authority, shall cut, remove, deface, or in any manner
injure or damage real or personal property of the city within or
without the corporate limits
B. No person, without proper authority, shall wilfully
deface, injure, tamper with, break, or destroy any property, real or
personal, belonging to or under the control of another.
C. No person shall lead, drive, or ride a horse on public
property, except upon that portion of a street where vehicular traffic
is authorized. (Ord. 1558 ,30, 1968).
10.60.050 Library property -- Retention past due date
prohibited. No person shall wilfully or maliciously detain any book,
newspaper, magazine, pamphlet, or manuscript belonging to the public
library for thirty (30) days after notice in writing from the
librarian of such library, given after the expiration of time which by
regulations of such library such book, newspaper, magazine, pamphlet,
phonograph record, or manuscript may be kept. The notice shall bear
upon its face a copy of this section and Section 10.60.060. (Ord.
1538 s2, 1967).
10.60.060 Violation -- Penalty. Any person violating any of
the provisions of this chapter is guilty of an infraction and shall be
subject to the penalties set forth in Section 1.08.020. (Ord. 1810
(part), 1974; Ord. 1538 s3, 1967; Ord. 2382 ,9, 1986).
For statutory provisions regarding criminal mischief, see ORS
164.345 and 164.354.
Chapter 10.64
OBSTRUCTING SIDEWALKS AND PASSAGEWAYS
Sections:
10.64.010 Obstructing passageways.
10.64.030 Penalty
10.64.010 Obstructing Dassageways. A. Except as otherwise
permitted by ordinance, no person shall use a street or public
sidewalk for selling, storing, or displaying merchandise or equipment.
B. The provisions of this section shall not apply to the
delivery of merchandise or equipment, provided the owner or person in
charge of the merchandise or equipment or the property abutting on the
street or sidewalk upon which the merchandise or equipment is located
removes the merchandise or equipment within a reasonable time. (Ord.
1558 ,13, 1968).
10.64.030 Penalty for Violation. Any person who violates
any provision of this Chapter shall be punished as set forth in
Section 1.08.020 of the Ashland Municipal Code. (Ord. 2179 ,5, 1962).
Chapter 10.68
PUBLIC PARKS*
Sections:
10.68.010
10.68.020
10.68.030
Parks--Defined.
Parks--Purpose.
Park commission--Authority.
10.68.050 Addresses--Soliciting--Begging--Prohibited.
10.68.060 Selling in or near parks prohibited.
10.68.070 Certain vocations prohibited.
10.68.080 Advertising notices prohibited. 10.68.090
Intoxicating liquor prohibited.
10.68.100
10.68.110
10.68.120
10.68.130
10.68.140
10.68.150
10.68.160
10.68.170
10.68.180
10.68.190
10.68.200
10.68.210
10.68.220
Littering prohibited.
Injuring or defacing property prohibited.
Park property--Prohibited uses.
Betting prohibited.
Firearms and explosives prohibited.
Injuring wildlife prohibited.
Annoying others prohibited.
Park waters--Use.
Whistles prohibited.
Park rules--Destruction of notice prohibited.
Animals.
Vehicles--Use restricted.
Emergency vacation.
10.68.230
10.68.240
10.68.250
10.68.260
10.68.270
10.68.280
10.68.290
10.68.300
10.68.310
10.68.320
10.68.330
10.68.350
10.68.360
10.68.370
10.68.400
Sleeping prohibited.
Comfort stations.
"No admittance" sign--Compliance.
Swings--Hammocks.
Fires.
Permit--Inspection.
Permit--Conditions.
Barriers--Compliance.
Park officers--Obedience required.
Park officers--Interfere with prohibited.
Camping.
Violation--Penalty.
Band shell.
Parking limitations.
Vehicle access to Calle Guanajuato.
10.68.010 Parks--defined. Unless some other meaning clearly appears,
the words "park" and "parks" means the lands dedicated for park
purposes under and by virtue of that certain charter amendment adopted
by a vote of the people of the city at the annual city election held
on December 15, 1908, and proclaimed by the mayor December 17, 1908,
together with all other lands since acquired or that may hereafter be
acquired, or may have been dedicated, or may hereafter be dedicated,
for park and recreation purposes, either by the city, by corporations,
or by individuals. (Ord. 626 Sl, 1916)
10.68.020 Parks--PurDose. The parks are maintained for the
recreation of the public and the greatest possible use is encouraged,
subject only to such regulation as will preserve the parks for the
purposes for which they are laid out, and the enjoyment, convenience,
and safety of all concerned. (Ord. 626 S2, 1916)
10.68.030 Park Commission--Authority. The Park Commission of the
city is authorized to make such rules and regulations not in conflict
with the ordinances of the city as it may think necessary for the
better control and management of the parks. If any person feels
aggrieved by any such rule or regulation, he/she may appeal to the
council for its amendment or repeal by filing with the city recorder,
a petition which shall be presented to the council at its next regular
meeting, but until amended or repealed by the council, such rule or
regulation shall be in full force and effect as if it were an
ordinance. (Ord. 626 S3, 1916)
10.68.050 Soliciting - Begging - Prohibited. No one shall solicit
fares or beg or publicly solicit subscriptions in any part of the
Parks. (Ord. 626 S5, 1916; Ord. 1948 S2, 1978)
10.68.060 Selling in or near parks prohibited. No one shall sell or
offer for sale any article or perform or offer to perform any service
for hire in any of the parks without a written permit for such
concession properly and regularly granted by the Park Commission. No
one shall hawk or peddle popcorn, ice cream, candy, soda water,
peanuts, or similar wares within or on any of the park grounds of the
city without first securing a permit to do so from the Park
Commission. (Ord. 625 S6, 1916)
10.68.070 Certain vocations prohibited. Solicitors, commercial
photographers without permission from the Park Commission, agents,
fakirs, peddlers, mendicants, strolling musicians, organ grinders,
exhorters, and showpersons shall not ply their several vocations
within the park limits. (Ord. 626 S7, 1916)
10.68.080 Notices prohibited. No one shall erect on any pole or post
or attach any notice, bill, poster, sign, wire, rod or cord to any
tree, shrub, fence railing, fountain, wall, post, structure or other
device of any kind whatever, on any of the bases, statues, bridges, or
monuments in any park without permission of the Park Commission.
(Ord. 626 S8, 1916; Ord. 1948 S2, 1978)
10.68.090 Intoxicating liquor prohibited. It is unlawful for any
person to take any intoxicating liquor or beverage into any portion of
the public parks of the city, except that:
A. Intoxicating liquor or beverages may be transported through the
Lithia Park extension area which is located between North Main Street
and Winburn Way and between Ashland Creek to the west and the Plaza to
the east.
B. This section and the prohibitions on the possession and use of
intoxicating liquor shall not apply to that portion of the park that
is leased to the Oregon Shakespeare Festival Association. (Ord. 1728
S1, 1972; Ord. 626 S9, 1916)
C. This section and the prohibitions on the provision and use of
intoxicating liquor shall not apply to the park property commonly
known as Calle Guanajuato only when such is served with prepared meals
and with the express approval of the Ashland Park and Recreation
Commission and the Oregon Liquor Control Commission. (Ord. 2586,
1990) .
10.68.100 Littering Prohibited. No one shall obstruct the
free use and enjoyment of any park, or place any straw, dirt, chips,
paper, shaving, shells, ashes, swill or garbage or other rubbish even
though not offensive to health in or upon any portion of the Park.
(Ord. 626 s10, 1916; Ord. 1948 ,2, 1978).
10.68.110 Injuring or defacing property prohibited. No one
shall remove, destroy, break, injure, mutilate, or deface in any way,
any structure, monument, statue, vase, fountain, wall, fence, railing,
vehicle, bench, tree, shrub, fern, plant, flower, or other property in
the park. (Ord. 626 ,11, 1916).
10.68.120 Park property--Prohibited uses. No one shall
climb any tree, or walk, stand, or sit upon the monuments, vases,
fountains railings, or fences in any park. (Ord. 626 s12, 1916).
10.68.130 Betting prohibited. No game of chance or betting
of any kind will be permitted within the park boundaries.
10.68.140 Firearms and exDlosives prohibited. No one shall
use firearms, fireworks, firecrackers, torpedoes, or explosives of any
kind in any park. (Ord. 626 ,14, 1916).
10.68.150 Injuring wildlife prohibited. No one shall use
any weapon, stick, stone, or missile of an kind to the destruction,
injury, disturbance, or molestation of any wild or domestic animal,
fowl, or fish within the park limits.
10.68.160 Annoying others prohibited. No person shall
solicit the acquaintance of another in any park, or annoy or follow
children, or distribute obscene literature, or in any way annoy
another. (Ord. 626 ,16, 1916).
10.68.170 Park waters--Use. No one shall fish, wade, swim,
or bathe in an of the parks except the places designated for such
purposes, except, however, that children of the age of thirteen (13)
years and under shall be permitted to fish within the present, or
hereinafter designated, boundaries of Lithid Park. (Ord. 1100 (part),
1949; Ord. 626 ,17, 1916).
10.68.180 Whistles Drohibited. Visitors shall not sound
whistles in any of the parks. (Ord. 626 ,18, 1916).
10.68.190 Park rules -- Destruction of notice prohibited.
No person shall injure, deface, or destroy any notice of which rules
and regulations for the government of the parks, which shall have been
posted or permanently fixed by order or permission of the park
commission. (Ord. 626 ,19, 1916).
10.68.200 Animals. A. Dogs, except for seeing-eye dogs,
when in the custody and control of a person legally blind, are not
permitted in any of the City Parks under any conditions except as
provided in Sec. 9.16.030; and except that the Ashland Parks and
Recreation Commission may designate certain defined areas within such
parks where dogs may be allowed on a leash which conforms to the
provisions of Sec 9.15.040 of this code. (Ord. 2126
sl, 1981).
B. Animals shall not be allowed to run at large, and if found
within the park limits, may be impounded.
C. No animals of any kind shall be allowed to enter any of
the lakes, ponds, fountains, or streams.
D. Owners of dogs or other animals, damaging or destroying
park property, will be held liable for the full value of the property
damaged or destroyed, in addition to the penalty imposed for violation
of this chapter. (Ord. 626 .20, 1916).
For statutory provisions regarding city parks, see ORS Ch.
226.
10.68.210 Vehicles -- Use restricted. A. No one shall ride
or drive any bicycle, motorcycle, motor vehicle, truck, wagon, horse,
or any vehicle or animal in any part of the parks, except on the
regular drives designated therefor; provided, that baby carriages,
invalid chairs, and such vehicles as are used in the park service are
not included in the foregoing prohibition. No one shall ride or be
upon any skateboard in any part of Lithia Park. (Ord. 2471, 1988).
B. No one shall drive any hearse, vehicle in a funeral
procession, market wagon, milk wagon, dirt cart, moving van, dray,
truck, heavy-laden vehicle, or vehicles carrying or ordinarily used in
carrying merchandise goods, tools, material, or rubbish, except such
as are used in the park service, over any drive or boulevard in any of
the parks; provided, however, the park commission may in its
discretion grant permission in writing for vehicles to carry materials
over the park drives or boulevards to buildings abutting on parks,
when no other road, street, or way is accessible or passable.
C. Vehicles shall be driven with great caution and at a
reasonable speed, having regard for the traffic, the safety of the
public, and use of the parks. The speed on any of the public
driveways in the parks of the City shall not exceed fifteen (15) miles
per hour.
D. No one shall hitch horses or other animals to stand
unhitched while the driver or attendant is beyond reach of such horse
or other animal. (Ord. 626 ,21, 1916).
10.68.220 Emergency vacation. In case of emergency, or in
any case where life and property are endangered, all persons, if
requested to do so, by the superintendent or other park employe, shall
depart from the portion of the grounds specified by such officer or
employe, and shall remain of the same until permission is given to
return. (Ord. 626 ,22, 1916).
10.68.230 Sleepinq Drohibited. No person shall sleep on the
seats or benches in any park at any time. No person shall sleep or
camp any place within the boundaries of any park, including public
roads, between the hours of nine (9:00) p.m. and eight (8:00) a.m.
(Ord. 1603 ,1, 1969; Ord. 626 ,23, 1916). No person shall camp within
the park limits within the city of Ashland, or on the park side of any
street adjacent to the parks. (Ord. 1891, 1976).
10.68.240 Comfort stations. No male person other than a
child with its mother, or a park employe in the discharge of his
regular duties, shall enter a public comfort station marked "women,"
or loiter about the entrance of such comfort stations. (Ord. 626 ,24,
1916).
10.68.250 "No admittance" sign -- Compliance. No person
shall enter any building, enclosure, or place within any of the parks
upon which the words "No Admittance" shall be displayed or posted by
sign, placard, or otherwise, without the consent of the superintendent
or other officer of the parks. (Ord. 626 ,25, 1916).
10.68.260 Swings -- Hammocks. No swings or hammocks shall
be hung or swung in any of the parks, except on the posts erected for
the purpose. (Ord. 626 ,26, 1916).
10.68.270 Fires. No person shall build any fire at any
place within the limits of any park except by an employee of the park
commission or in an area designated by the park commission for picnic
fires. (Ord. 1891, 1976).
10.68.280 Permit -- Inspection. Any person claiming to have
a permit from the park commission shall produce and exhibit such
permit upon request of any authorized person who may desire to inspect
the same. (Ord. 626 ,28, 1976).
10.68.290 Permit -- Conditions. All permits issued by the
park commission shall be subject to the city ordinances and the
persons to whom such permits are issued shall be bound by said rules,
regulations, and ordinances as fully as though the same were inserted
in such permits, and any person or persons to whom such permits shall
be issued shall be liable for any loss, damage, or injury sustained by
any person whatever by reason of the negligence of the person or
persons to whom such permits shall be issued, as well as for any
breach of such rules, regulations, and ordinances, to the person or
persons so suffering damages or injury. (Ord. 626 s29, 1916).
10.68.300 Barriers -- Compliance. No person shall ride,
drive, or walk on such parts or portions of the parks or pavements as
may be closed to public travel or interfere with barriers erected
against the public. (Ord. 626 ,30, 1916).
10.68.310 Park officers -- Obedience required. No person
shall refuse a request to obey any reasonable direction of the park
officers or employees. (Ord. 626 ,31, 1916).
10.68.320 Park officers -- Interference with prohibited.
Nothing contained herein shall prevent the performance of any act or
service by the park officers or employees which has been duly
authorized by the park commission in charge. (Ord. 626 ,32, 1916).
10.68.350 Violation -- Penalty. A. Any person who violates
any of the provisions of this chapter is guilty of an infraction and
shall be subject to the penalties set forth in Section 1.08.020.
(Ord. 2382 ,10, 1986).
B. The park commission may also exclude any person who
violates any provision of this chapter, or any such rule or
regulation, from any city park, for a period of not more than ten (10)
days.
C. The ordinance codified in this chapter shall take effect
and be in full force upon the expiration of ten (10) days after its
adoption by the council and approval by the mayor. (Ord. 1810 (part),
1974; Ord. 626 ,35, 1916).
10.68.360 Band Shell. A. The management and control of the
G.S. Butler Memorial Band Shell shall be under the supervision and
direction of the park commission of the city, which commission is
authorized to make such rules and regulations not in conflict with the
charter or ordinances of the city as it may think necessary and
advisable for the better control, management, and supervision of the
G.S. Butler Memorial Band Shell.
B. The Park Commission shall not be obligated to allocate
funds for the maintenance and repair of said band shell. The funds
for maintenance and repair shall be provided by the annual budget of
the city. (Ord. 1109 (part), 1949; Ord. 626 S36, 1919)
10.68.370 Park limitations. No person shall park or permit to remain
parked any motor vehicle which bears a motor home or camper license on
any street within, or on the park-side of any street adjacent to the
parks of this city, between the hours of 2:00 A.M. and 6:00 A.M. It
shall be rebuttable presumed that any vehicle parked contrary to the
provisions of this section was parked by the registered owner thereof.
(Ord. 1891, 1976)
10.68.380 Curfew. Except for Police, Fire and Park Department
employees on official business no one shall be in Lithia Park between
the hours of 11:30 P.M. and 5:30 A.M. (Ord. 2036, 1979)
10.68.400 Vehicle access to Calle Guanajuato. A. Access by vehicles
to Calle Guanajuato, that area located between Winburn Way and North
Main Street, is prohibited between the hours of 11:30 A.M. and 10:00
P.M., from May 1 through October 31.
B. The Director of Parks and Recreation may issue permits
for access during the hours of closure, only for the personal vehicles
of property owners or lessees that have parking spaces on private land
accessed through Calle Guanajuato.
C. When not otherwise prohibited, parking in Calle
Guanajuato shall be limited to loading and unloading only, and for a
period not to exceed 5 minutes.
D. Any vehicle parked in violation of this Section shall be
subject to the penalty contained in Section 10.68.350, and as well, is
subject to impoundment according to the provisions of Chapter 11.36 of
the Ashland Municipal Code. (Ord. 2525, 1989)
Chapter 10.72
THEFT*
Sections:
10.72.010
10.72.020
Stolen property.
Petty theft.
10.72.010 Stolen property. No person shall buy, receive, conceal, or
attempt to buy property that is known or should be known to such
person to have been stolen. (Ord. 1558 S16, 1968)
10.72.020 Petty theft. No person shall take or carry away property
of value not to exceed two hundred dollars ($200.00) which is the
property of another with the intent to deprive such other of such
property permanently. (Ord. 1716, S3, 1972; Ord. 1558 S28, 1968).
VIII. OFFENSES BY OR AGAINST MINORS
Chapter 10.84
CURFEW*
Sections:
10.84.010
10.84.020
10.84.030
Established.
Violation--Assisting prohibited.
Violation--Penalty.
10.84.020 Violation -- Assisting prohibited. No person
eighteen (18) years of age or over shall wilfully aid, abet, or assist
any such child in violating any of the provisions of this chapter.
(Ord. 1498 ,2, 1966).
10.84.030 Violation -- Penalty. Any person violating any of
the provisions of this chapter is, upon conviction thereof, punishable
as prescribed in Section 1.08.020. (Ord. 1810 (part), 1974; Ord. 1498
,3, 1966; ORd. 2179 ,1, 1982).
10.84.010 Established. No person under the age of eighteen
(18) years shall idle, wander, stroll, or play in or upon the public
streets, sidewalks, parks, playgrounds, or other unsupervised places
between the hours of eleven (11:00) p.m. and six (6:00) a.m., unless
said person is in the custody of or accompanied by a parent, guardian,
or suitable adult person selected by such parent or guardian, or
unless the person under eighteen (18) years of age is engaged in
legitimate business as directed by an adult person having the care and
custody of the person under eighteen (18) years of age. (Ord. 1498
sl, 1966).
* For statutory provisions regarding curfew for minors, see ORS
419.710 et seq.
Chapter 10.88
MISCELLANEOUS OFFENSES BY OR AGAINST MINORS*
Sections:
10.88.010
10.88.020
10.88.040
10.88.050
Minors generally.
Tobacco sales to and consumption by minors.
Minors representing age.
Children confined in vehicles.
10.88.010 Minors generally. A. No person shall purchase
property or an article of value from a minor or have dealings
respecting the title of property in the possession of a minor without
the written consent of the parent or guardian of the minor. (Ord.
1558 ,34, 1968).
10.88.020 Tobacco sales to and consumption by minors. A.
No person shall sell, barter, trade, give, or in any manner furnish to
a minor under the age of eighteen (18) years, for his/her consumption,
any tobacco, cigars, or cigarettes in any form, or any compound in
which tobacco forms a component part.
B. No minor under the age of eighteen (18) year shall smoke,
use, or have in his/her possession a cigar, cigarette, or tobacco in
any form in a public place. No proprietor, clerk, assistant, or
employee of a place of business shall permit a minor under the age of
eighteen (18) years to frequent the place of business while the minor
is using or smoking a cigar, cigarette, or tobacco in any form. (Ord.
1810 (part), 1974; Ord. 1558 S35, 1968)
18.88.040 Minors misrepresenting age. No person shall falsely
represent his/her age in order to obtain cigars, cigarettes, or
tobacco.
10.88.050 Children confined in vehicles. A. A person having custody
or control of a child under 10 years of age commits an infraction if
the person leaves the child unattended in any vehicle where the
circumstances indicate that the person knew or should have known that
there was a likelihood of danger to the health or welfare of the child
or others.
B. It shall be lawful for a police officer finding a child
confined in violation of this section to enter the vehicle and remove
the child using such force as is reasonably necessary to effect an
entrance to the vehicle. The Judge in the trial of this offense shall
have discretion to order the Police Department to pay for the damages
to the vehicle if he or she believes that such payment would be fair,
just and equitable. (Ord. 1558 S38, 1968; Ord. 2568, 1990)
For statutory provisions regarding the crime of endangering
the welfare of a minor, see ORS 163.575; for provisions
prohibiting the misrepresentation of age by a minor, see ORS
165.805.
IX. WEAPONS
Chapter 10.92
DISCHARGE OF WEAPONS*
Sections:
10.92.020 Discharging weapons.
10.92.020 Discharging weapons. A. No person other than an
authorized peace officer shall fire or discharge a gun including
spring or air-actuated pellet guns, air guns, or BB guns, or other
weapons which propel a projectile by use of gunpowder or other
explosive, jet, or rocket propulsion, without the consent of the chief
of police.
B. The provisions of this section shall not be construed to
prohibit the firing or discharging of a weapon by a person in the
defense or protection of his property, person, or family. (Ord. 1558
s7, 1968).
10.90.030 Penalties. Any person violating this section
shall be guilty of a misdemeanor as set forth in Section 1.08.010.
Chapter 10.96
Sections:
10.96.010
10.96.020
10.96.030
PENALTIES
Penalties.
Working prisoners.
Separate violations.
10.96.010 Penalties. Except as otherwise noted, any person violating
this title is guilty of an infraction and shall be subject to the
penalties set forth in Section 1.08.020 (Ord. 1810, 1974; Ord. 1558
S51, 1968; Ord. 2382 Sll, 1986)
10.96.020 Working prisoners. In any conviction for violation of this
title or any ordinance of the city where the penalty fixed by the
court is confinement in the city jail for any term, the court
additionally may order that the convicted person, during the term of
confinement, labor upon the streets or public works of the city under
the direction of the proper authorities. (Ord. 1558 S52, 1968)
10.96.030 Separate violations. Each violation of a provision of this
title constitutes a separate offense. (Ord. 1558 S53, 1968)
For statutory provisions regarding the carrying of concealed
weapons, see ORS 166.240; for provisions ~egarding the
discharge of weapons, see ORS 166.180 et seq.
Chapter 10.100
GAMBLING
10.100 Social gamblinq. Social gambling and social games as defined
in House Bill No. 3327, which is to become effective May 6, 1974, are
hereby permitted in charitable, fraternal and religious organizations.
(Ord. 1814, Sl, 1974)
Chapter 10.104
CRIMINAL LAW AND PROCEDURES
10.104.010 Adoption of State Criminal Law and procedures. All
infractions, violations and misdemeanors and penalties, procedures and
other provisions relating thereto contained in Oregon Revised Statutes
Chapters 131 through and including 167, and Chapters 471 through 475
are hereby adopted in full. (Ord. 2537, 1989; Ord. 2547, 1989)
Chapter 10.110
FAIR HOUSING
Sections:
10.110.010 Declaration of policy.
10.110.020 Definitions.
10.110.030 Unlawful practices.
10.110.040 Exemptions.
10.110.050 Procedures.
10.110.060 Other remedies.
10.110.070 Penalties.
10.110.080 Severability of invalid provisions.
10.110.010 Declaration of policy. It is hereby declared to be the
policy of Ashland, Oregon, in the exercise of its policy power for the
public safety, public health, and general welfare to assure equal
opportunity to all persons to live in decent housing facilities
regardless of race, color, religion, sex, national origin or familial
status and, to that end, to prohibit discrimination in housing by any
persons.
10.110.020 Definitions. When used herein:
1. "Real property" includes buildings, structures, lands,
tenements, leaseholds, cooperatives and condominiums.
2. "Discrimination" or "discriminatory housinq practice" means
any difference in treatment based upon race, color, religion, sex,
national origin or familial status; or any act that is unlawful under
this ordinance.
3. "Person" includes individuals, children, firms,
associations, joint adventures, partnerships, estates, trusts, business
trusts, syndicates, fiduciaries, corporations and all other groups or
combinations.
4. "Owner" includes a lessee, sublessee, co-tenant, assignee
managing agent or other person having the right of ownership or
possession, or the right to sell, rent or lease any housing
accommodation.
5. "Financial Institution" includes any person, as defined
herein, engaged in the business of lending money or guaranteeing losses.
6. "Housing accommodation" or "Dwellinq" means any building,
mobile home or trailer, structure, or portion thereof which is occupied
as, or designed, or intended for occupancy, as, a residence by one or
more families, and any vacant land which is offered for sale or lease
for the construction or location thereon of any such building, mobile
home or trailer, structure, or portion thereof or any real property, as
defined herein, used or intended to be used for any of the purposes set
forth in this subsection.
7. "Open Market" means the market which is informed of the
availability for sale, purchase, rental or lease of any housing
accommodation, whether informed through a real estate broker or by
advertising by publication, signs or by any other advertising methods
directed to the public or any portion thereof, indicating that the
property is available for sale, purchase, rental or lease.
8. "Older Person" A person of age 55 or older.
9. "Familial Status" The presence or absence of children
within a household unit, under 18 years of age.
10.110.030 Unlawful practices. In connection with any of the
transactions set forth in this section which affect any housing
accommodation in the open market, or in connection with any public sale,
rental or lease of any housing accommodation, it shall be unlawful
within the City of Ashland for a person, owner, financial institution,
real estate broker or real estate salesman, or any representative of the
above, to:
1. Refuse to sell, rent or lease, or deny to or withhold any
housing accommodation from a person because of his or her race, color,
religion, ancestry, national origin, sex or familial status; or
2. To discriminate against a person in the terms, conditions
or privileges of the sale, rental or lease of any housing accommodation,
or in the furnishing of facilities of services in connection therewith;
or
3. To represent to a person that any housing accommodation is
not available for inspection, sale, rental or lease when in fact it is
so available, or to refuse to permit a person to inspect any housing
accommodation on the open market because of his or her race, color,
religion, or national origin, sex or familial status; or
4. To make, publish, print, circulate, post or mail, or cause
to be made, published, printed, circulated, posted or mailed, any
notice, statement or advertisement, or to announce a policy, or to sign
or to use a form of application for the sale, rental, lease or financing
of any housing accommodation, or to make a record of inquiry in
connection with the prospective sale, rental, lease or financing of any
housing accommodation, which indicates any discrimination or any intent
to make a discrimination.
5. To retaliate or discriminate in any manner against a person
because he or she has opposed a practice declared unlawful by this
article, or because he or she has filed a complaint, testified, assisted
or participated in any manner in any investigation, proceeding, hearing
or conference under this ordinance; or
10.110.040 Exemptions.
1. This ordinance shall not apply to:
(a) A religious organization, association, or society or
any nonprofit institution or organization operating, supervised, or
controlled by or in conjunction with a religious organization,
association, or society, which limits the sale, rental, or occupancy,
of dwellings which it owns or operates for other than commercial
purposes to persons of the same religion, or which gives preference to
such persons, unless membership in such a religion is restricted on
account of race, color, sex, national origin or familial status.
(b) A private club not in fact open to the public, which
as an incident to its primary purpose or purposes, provides lodgings
21
which it owns or operates for other than a commercial purpose, and which
limits the rental or occupancy of such lodgings to its members or gives
preference to its members.
(c) Rooms or units in dwellings containing living
quarters occupied or intended to be occupied by no more than two
families living independently of each other, if the owner actually
maintains and occupies one of such living quarters as his residence.
2. The requirements of this ordinance on prohibition of
discrimination on the basis of familial status shall not apply to:
(a) Dwellings provided under any State or Federal program
specifically designed to assist older persons, or to dwellings in bona
fide retirement communities designed and operated for older persons or
dwellings otherwise intended and operated exclusively for older persons,
equipped with facilities specifically designed for the physical and
social needs of such persons.
(b) Applicability of reasonable local, State, or Federal
restrictions regarding the maximum number of occupants permitted to
occupy a dwelling unit.
(c) Any housing provided, owned or operated by the State
or Federal Government.
floor area.
(d) Any housing unit of less than 400 square feet gross
10.110.050 Procedures. Any person aggrieved by an unlawful practice
prohibited by this ordinance may file a complaint with the Fair Housing
Officer no more than sixty (60) days after the alleged unlawful practice
occurred. The Fair Housing Officer or his or her duly authorized
representative shall investigate each complaint and attempt to resolve
each complaint. Failure to achieve a resolution
acceptable to both parties and compliance with this ordinance shall
cause the Fair Housing Officer to forward the complaint and his or her
findings to appropriate state and federal officials. The Fair Housing
Officer may also file a complaint with the Ashland Municipal Court as
provided in Section 10.110.070.
10.110.060 Other remedies. Nothing herein contained shall prevent any
person from exercising any right or seeking any remedy to which he or
she might otherwise be entitled or from filing his or her complaint with
any appropriate governmental agency.
10.110.070 Penalties. Any person violating or causing the violation
of any provision of this ordinance has committed an infraction, and,
upon conviction thereof, is punishable as prescribed in Section 1.08.020
of the Ashland Municipal Code. Such person is guilty of a separate
violation for each and every day the violation continues.
22
10.110.080 Severability of invalid provisions. In case any one or more
of the sections, subsections, clauses, or provisions of this ordinance,
or the application of such sections, subsections, clauses or provisions
to any situations, circumstances, or person, shall for any reason be
held to be unconstitutional or invalid, such unconstitutionality or
invalidity shall not affect any other sections or provisions of this
ordinance or the application of such sections, subsections, clauses or
provisions to any other situation, circumstance or person, and it is
intended that this ordinance shall be constructed and applied as if such
had not been included in this ordinance. (Ord. 2527, 1989)
23