HomeMy WebLinkAbout1558 Defining Offenses & Providing Penalties
ORDINANCE NO. /"5~.j'(
AN ORDINANCE DEFINING OFFENSES; PROVIDING
PENALTIES; AND REPEALING ORDINANCES NO. 12, 235, 319,
326,558,738,930,1046,1149,1265,1349,1497, AND 1525.
The people of the city of Ashland do ordain as follows:
Definitions
Section 1. Definitions. Unless the context requires other-
wise, the following mean:
(l) Minor. A person under the age of 21 years, except as
otherwise provided.
(2)~ Person. A natural person, firm, partnership, associa-
tion, or corporation whether he is acting for himself or as the clerk,
servant, employe, or agent of another.
(3) Public place. A building, way, place, or accommodation,
whether publicly or privately owned, open and available to the gen-
eral public.
Offense s Against the Public Pe ace
Section 2. Assault and Battery. No person shall attack,
assault, or commit a battery upon another person.
Section 3. Drunkenne ss.
(l) No person shall be in an intoxicated or drunken condition
in a public place, or in a motor ve hicle in a public place.
(2) No person shall drink intoxicating liquor in a public place
or in a motor vehicle in a public place; other than in an establishment
wherein the same may be sold for on-premises consumption under
the laws of the state of Oregon.
Section 4. Disorderly Conduct.
(1) No person shall disturb the peace by:
(a) Participating in or abetting rude, indecent, riotous,
drunken, or violent conduct.
(b) Using vulgar, obscene, or abusive language in a
public place.
(c) Inciting another person to commit a breach of the
peace.
(d) Committing an obscene, inde cent, or immoral act
in a public place.
(2) No person shall knowingly permit disorderly conduct on
premises owned or controlled by him.
(3) No person shall without good cause, while on the premises
of a drive-in restaurant, drive-in bank, drive-in theater, drive-in
busine ss, public parking facility, or other public or private property
where parking or drive- in facilities are offered or extended to public
use, race the motor or a motor vehicle; bring to a sudden start or
stop any motor vehicle; impede the orderly movement of vehicles
or pedestrian traffic; blow any horn; make or cause to be made any
loud, boisterous, rude, indecent, vulgar, or profane words toward
another person; or deface or damage the property of another. A
person who commits such acts shall be deemed guilty of disorderly
conduct.
(4) When the owner, lessee, or other person in lawful charge
of real property, or a police officer acting on the request of the
owner, lessee, or other person in lawful charge of real property,
requests a person other than the owner, lessee, or person in law-
ful possession of real property to leave the premises and the person
requested to leave, without good cause or reason refuses immedi-
ately to comply with the request, the person so refusing to comply
with the request shall be deemed guilty of disorderly conduct.
Section 5. Disturbance of Lawful Assemblies. No person
shall knowingly interrupt, disturb, or annoy a lawful assembly,
either public or private, by an offensive act committed within
the assembly or so near it as to disturb it.
Offense s Against the Public Safety
Section 6. Concealed Weapons. No person other than an
authorized peace officer or person licensed pursuant to ORS 166.290,
as now or hereafter amended, shall carry concealed on or about
his person in any manner any revolver, pistol, other firearm,
knife other than an ordinary pocketknife with a blade less than
three and one- half inches long, dirk, dagger, stiletto, metal
knuckles, or weapon the use of which could inflict injury upon a
person or property.
Section 7. Discharge of Weapons.
(1) 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.
(2) 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.
Section 8. Escape of Prisoners from Custody.
(1) No person shall aid or attempt to aid in the escape of
a confined prisoner or make available to him or provide him with
anything calculated to aid in the escape.
(2) No person shall knowingly aid an escaped prisoner by
offering shelter, clothing, food, or any other thing or service
which would aid or abet the escape of the prisoner.
(3) No person in custody of an officer of the city and no
prisoner confined in the city jail or in any other place where
prisoners are kept or confined shall escape or attempt to escape
from such custody or confinement.
Se ction 9. Interference with Police.
(1) No person shall hinder, delay, obstruct, resist, or
refuse to assist a police officer or person duly empowered with
police authority who is acting in the discharge of his duty.
(2) No person shall help anyone to escape or attempt to
escape from the custody of a police officer or other person duly
empowered with police authority.
(3) No person shall deliver any intoxicating liquor or nar-
cotic drug to a person confined in the city jail, or attempt to
conveyor deliver to such person any article without the permission
and consent of the officer in charge.
(4) No person shall impersonate, falsely assume, or pre-
tend to be a law enforcement officer.
(5) No person shall use or permit the use of property for
planning or promoting criminal activitie s or for violation of city
ordinance s .
(6) No person shall operate any generator or electromag-
netic wave or otherwise cause a disturbance of such magnitude as
to interfere with the proper functioning of any police radio com-
munication system of the city.
(7) No person shall knowingly make or file with the police
department of the city or with any police officer engaged in his
official duties as a police officer of the city any false, mislead-
ing, or unfounded statement or report concerning a violation or
alleged violation of any city ordinance in the city of the commis-
sion or alleged commission of any offense or crime.
Section 10. Fire Control.
(l) No person shall intentionally give a false alarm of
fire or aid or abet in the commission of such an act.
(2) No person shall drive a vehicle over or upon a fire
hose, or otherwise disturb or inju:rein any manner any hose,
engine, appliance, or apparatus belonging to or used by the fire
department.
(3) No person at a fire shall conduct himself in a disorderly
manner or refuse to obey promptly an order of a member of the
fire department or resist, obstruct, or hinder a member of the
fire department.
(4) No unauthorized person shall unfasten, open, draw
water from, or otherwise tamper with a fire hydrant.
Section 11. Fireworks; Adoption of State Fireworks Law.
The following sections of the Oregon Fireworks Law, together
with all acts and amendments applicable to cities which are now
or hereafter enacted, are adopted by reference and made a part
of this ordinance:
ORS 480.110
ORS 480.120
ORS 480.130
ORS 480. 140(1}
ORS 480.150
ORS 480.170
Section 12. Narcotics and Barbiturates. No person shall,
without proper authority, sell, use, or possess for any purpose
whatsoever any narcotic drugs or dangerous drugs as now or
hereafter defined by the state of Oregon.
Section 13. Obstructing Passageways.
(l) Except as otherwise permitted by ordinance, no person
shall obstruct, cause to be obstructed, or assist in obstructing
vehicular or pedestrian traffic on a street or public sidewalk.
(2) Except as otherwise permitted by ordinance, no person
shall use a street or public sidewalk for selling, storing, or dis-
playing merchandise or equipment.
(3) 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 prop-
erty abutting on the street or sidewalk upon which the merchan-
dise or equipment is located removes the merchandise or equip-
ment within a reasonable time.
Se ction 14. Animals.
(l) No owner or person in charge of an animal shall fail
to provide his animal with food, drink, and protection from the
elements; nor shall he fail to keep in a clean and sanitary con-
dition the facilities where his animal is kept.
(2) No person shall put out or place poison where the
same is like ly to harm dome stic animals.
(3) No person shall abandon, overwork, torture, beat,
mutilate, or cruelly or needlessly kill an animal; nor shall the
owner or person in charge of an animal transport his animal,
or permit it to be transported, in a cruel and inhumane manner.
(4) Except as otherwise permitted by ordinance or by the
chief of police, no person shall fire or discharge a firearm,
air gun, or other similar device, or throw a missile at an animal,
with the intent to injure or kill the same.
Section 15. Burglars' Tools. No person shall possess
any burglars' tools or implements of any kind commonly used by
burglars in breaking or entering, unless it is shown that such
possession is innocent or for a lawful purpose.
Section 16. Buying, Receiving, or Concealing 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.
Section 17. Sale or Pledge of Property of Drunks. No
person shall purchase property from advance or loan money to,
or have dealings respecting the title to property with a person
who is in an intoxicated condition or under the influence of a nar-
cotic or dangerous drug.
Section 18. Disorderly Houses.
(1) "Disorderly house" means a house or place kept or
maintained for the purpose of prostitution, fornication, lewdness,
gambling, or other immoral purposes, including a place, room,
or building use d for the consumption, sale, or disposition of
liquor or narcotic or dangerous drugs contrary to law.
(2) No person shall establish, maintain, or aid in the estab-
lishment or maintenance of a disorderly house.
(3) No person shall knowingly visit or frequent a disorderly
house; provided that this section shall not apply to physicians and
officers acting in the discharge of their professional duties.
(4) No person shall knowingly lease a building under his
control for the purposes of a disorderly house. A person whose
property has been leased and is used as a disorderly house shall,
upon learning of its use, immediately take appropriate action to
oust the occupants thereof.
(5) No person shall solicit or entice another person to
visit or enter a disorderly house.
Se ction 19. Gambling.
(1) "Gambling" means the use or possession of a game,
machine, device, or contest, whether played for money, check,
credit, or other representative of value, in which the element
of chance is controlling, in which a charge is made to participate,
and in which the winner is selected primarily on the basis of
chance.
(2) No person shall participate in, operate, or assist in
operating a gambling game or activity, including a lottery.
(3) No person shall have in his possession any property,
instrument, or device designed or adapted for use in any type of
gambling activity. Such property, instrument, or device is a
nuisance and may be summarily seized by a police officer. Prop-
erty so seized shall be placed in the custody of the chief of police.
Upon conviction of the person owning or controlling the property
for a violation of this section, the municipal judge shall order
the property confiscated and destroyed and the money found in
the machines deposited in the city general fund.
Section 20. Immoral Practices.
(1) No person shall wilfully and indecently expose his per-
son in a public place or a place in which other persons might be
offended thereby, or make any exhibition of himself to public
view in such a manner as to be offensive or designed to excite
vicious or lewd thoughts.
(2) No person shall with knowledge of the character of the
material:
(a) Import, print, publish, sell, lend, give, dis-
tribute, show, or have in his possession any lewd,
obscene, or indecent book, magazine, pamphlet, newspaper,
picture, drawing, photograph, or other instrument or
article of an obscene or indecent character.
(b) Permit a show, play, exhibition, entertainment,
or motion picture which is of an indecent, lewd, or im-
moral character in or at a place under his control or
supervision.
(3) No man and woman not married to each other shall co-
habit together in a lewd or lascivious manner.
{4} No person shall produce or take part in or witness
a show. play, exhibition. entertainment. or motion picture
which is of an indecent. lewd, or immoral character.
{5} No person shall bathe or swim in a lake, river. stream.
pond. slough. creek. or in a public natatorium or swimming pool
where the facilities are simultaneously used by both sexes with-
out wearing bathing attire which is generally used. recognized,
and accepted by the public, is not offensive to public morals, and
does not expose the bather or swimmer indecently.
{6} No person shall make improper advances, indecent
remarks. or impertinently seek to attract the attention of another
person upon the streets or in public places.
{7} No female person shall frequent. loiter, or be employed
in a tavern. cabaret, or nightclub for the purpose of soliciting a
male person to purchase drinks. No proprietor of such establish-
ment shall allow the presence in the establishment of a person
who violates the provisions of this subsection. This subsection
shall not apply to female persons regularly employed as barmaids
and waitresses.
{8} No person shall loiter, prowl. or wander upon the prop-
ertyor premises of another in the nighttime, without the consent
of, or without lawful business with. the owner or occupant thereof.
No person. while being upon the property or premises of another
in the nighttime. shall look or peep in the door or window of a
building or structure situated thereon which is inhabited or used
as a dwelling. without the consent of. or without lawful business
with. the owner or occupant thereof.
Section 21. Prostitution.
(l) No woman shall. with or without remuneration. engage
in the practice of prostitution.
(2) No person shall in any manner solicit any person
for the purpose of prostitution.
(3) No person shall knowingly transport or offer to trans-
port another person to a place or building for the purpose of
prostitution.
(4) No person shall bring together, offer to bring together,
or aid in bringing together in any manner two or more persons
for the purpose of prostitution.
(5) No person shall solicit, request, entice, or attempt
to entice a female person to become a prostitute or to enter a
place of prostitution.
(6) In all prosecutions under this section common fame
or reputation is competent evidence.
Section 22. Defrauding of Innkeepers.
(l) No person shall, with intent to defraud, obtain a food,
lodging, or other accommodations at a hotel, motel, apartment
house, boardinghouse, tourist park, trailer park, or restaurant.
(2) No person shall, after having obtained food, lodging,
or other accommodations at a hotel, motel, apartment house,
boardinghouse, tourist park, trailer park, or re staurant, sur-
reptitiously remove his baggage and clothing from the premise s
without first paying or tendering payment for such food, lodging,
or other accommodations.
Section 23. Lodging Accommodations.
(1) No person shall write, cause to be written, or know-
ingly permit to be written, in a register in a hotel, motel,
lodging house, rooming house, or other place where transients
are accommodated in the city, any other or different name or
designation than the true name or designation of the person so
registered~ or the name or designation by which such person
is generally known.
(2) No proprietor~ manager~ or other person in charge
of a hotel" motel~ lodging house ~ rooming house, or other place
where transients are accommodated shall rent or assign rooms
for joint and private occupance by persons of the opposite sex:
(a) Unless such persons are registered as husband
and wife~ or as parent and minor child.
(b) If~ notwithstanding the lawful appearance of
the registration, he has reasonable cause to believe
such transients are not husband and wife or parent and
minor child.
Section 24. Occult Arts.
(1) "Occult arts" means the use or practice of fortune-
telling" astrology~ phrenology" palmistry~ clairvoyance" mes-
merism~ spiritualism, or any other practice or practices gener-
ally recognized to be unsound and unscientific whereby an attempt
or pretense is made:
(a) To reveal or analyze past incidents or events.
(b) To analyze or define the character or personality
of a person.
(c) To foretell or reveal the future.
(d) To locate by such means lost or stolen property.
(e) To give advice or information concerning any
matter or event.
(2) No person shall for hire or profit engage in any
practice of occult arts~ either public or private.
(3) Nothing in this section shall be construed to prohibit
or prevent:
(a) A duly organized and recognized religious
organization which promulgates religious teachings
or beliefs involving spiritualism or similar media
from holding its regular meetings or service.
(b) A school, church, fraternal, charitable, or
other benevolent organization from utilizing occult
arts for any bazaar or money-raising project. pro-
vided that all money so received is devoted exclusively
to the organization sponsoring the affair. In such case
the money so received shall be considered as a donation
for benevolent and charitable purposes.
Section 25. Vagrancy.
(1) No person shall be a vagrant.
(2) "Vagrant" shall mean:
(a) A person without visible means of livelihood
who has the physical ability to work. and who does not
for the space of 10 days seek employment, nor labor
when employment is offered to him.
(b) A beggar.
(c) An idle person, dissolute person. or associate
of known thieves. who wanders about the streets or
highways at late or unusual hours of the night or who
lodges in a place other than such as is kept for lodging
purposes. without the permission of the owner or party
entitled to the possession thereof.
(d) A lewd or dissolute person who lives in or
about a disorderly house. as defined in this ordinance.
(e) A prostitute.
(f) A person who is not enrolled as a student or
who is not employed by the public or private school and
who. without a lawful purpose therefor. wilfully
loiters about a public or private school building or
the public premises adjacent thereto.
(g) A person upon whom or in whose possession
shall be found any implement that is usually employed.
or that reasonably may be inferred to have been de-
signed to be employed. in the commission of a felony.
misdemeanor. or ordinance violation and who fails to
account satisfactorily for the possession of the same.
(h) A person who keeps or maintains a place or
establishment where lost or stolen property is con-
cealed.
(i) A person who conducts himself in a disorderly
manner. as defined in Section 4 of this ordinance.
(j) A person who is classified by the common law
'.
as a vagrant. whether included in the foregoing class-
ification or not.
Section 26. Roaming the Streets. No person shall roam
or be upon a street. alley. or public place between the hours
of 12:00 midnight and 5:00 A. M. without having and disclosing
a lawful purpose.
Offense s Against Property
Section 27. Trespass. No person shall wrongfully go
or traspass upon real or personal property belonging to the city
or any person within the city.
Section 28. Larceny. No person shall commit larceny
as that act is now or hereafter defined by state law.
Se ction 29. De struction of Official Notice s and Signs.
No person. without proper authority. shall wilfully deface. alter.
remove" or tear down any official notice or bulletin" or any
official sign" signal, or barricade posted or placed in conformity
with the law.
Section 30. Injury to or Removal of Property.
(1) No person, without proper authority, shall cut, re-
move, deface, or in any manner injure or damage real or personal
property of the city within or without the corporate limits.
(2) 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
(3) No person shall lead, drive, or ride a horse on public
property, except upon that portion of a street where vehicular
traffic is authorized.
Section 31. Sidewalks.
(1) No person or group of persons shall gather or stand
upon a public sidewalk or public pathway in such a manner as
to prevent, impede, or obstruct the free passage of pedestrian
traffic.
(2) No person or group of persons obstructing the free
passage of pedestrian traffic shall fail or refuse to move on or
disperse when lawfully ordered to do so by a police officer.
(3) No owner or person in charge of property shall per-
mit a cellar door or grate located in or upon a public sidewalk
or public pathway to remain open except when such entrance is
being used and when being used, there are adequate safeguards
for pedestrians using the sidewalk.
Section 32. Taking, Retention, or Mutilation of Public
Records.
(l) No person, without proper authority, shall take or
remove any public record, document, book, paper, or personal
property of any kind owned by the city.
(2) No person, without proper authority, shall mutilate or
destroy any public record, document, book, or paper on file or
ke pt on re cord in any public office of the city.
(3) No person shall retain any public record, document,
book, or paper after lawful demand has been made for the return
thereof.
Offenses Against the Public Health
Section 33. Expectoration. No person shall expectorate
upon a public sidewalk or street, or on or in a public building
except in receptacle s provided for that purpose.
Offenses Affecting Minors
Section 34. Minors Generally.
(1) No person shall wilfully do an act which causes or
tends to cause a minor to become dependent or delinquent as
dependency or delinquency is now or hereafter defined by the
laws of the state of Oregon.
(2) 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 con-
sent of the parent or guardian of the minor.
Section 35. Tobacco Sales to and Consumption by Minors.
(1) No person shall sell, barter, trade, give, or in any
manner furnish to a minor under the age of 18 years, for his
consumption, any tobacco, cigars, or cigarettes in any form,
or any compound in which tobacco forms a component part. A
person who violates this subsection shall, upon conviction thereof,
be punished by a fine of not less than $5.00 nor more than $50.00.
(2) No minor under the age of 18 years shall smoke1
use1 or have in his possession a cigar1 cigarette 1 or tobacco
in any form in a public place. No proprietor ~ clerk~ assistant1
or employe of a place of business shall permit a minor under the
age of 18 years to frequent the place of business while the minor
is using or smoking a cigar1 cigarette 1 or tobacco in any form.
A person who violates this subsection shall1 upon conviction
thereof1 be punished by a fine of not more than $5.00 for each
offense 1 or by imprisonment for a period not to exceed two days.
Section 36. Minors in Cardrooms1 Poolrooms1 and Liquor
Establishments.
(1) No person shall employ a minor in or about a ~---C l:fQ~m1 4, >
p'Qn}_"'~o~~ 'hill; '"l",rl regIE.. ,or liquor establishment.
(2) No owner1 lessee~ proprietor or employe of a cigar
store. cardroom1 barroom. poolroom. billiard room. soft drink
establishment or other public place of amusement. where intoxi-
cating liquors are sold 8 ('.Q-Vrl.. 0'
- r-
"' Lad shall permit a
minor to engage in a game of cards1 pool~ billiards or other games
of chance. for amusement or otherwise~ or to loiter~ loaf or fre-
quent in or about the premises.
(3) No minor shall enter 1 visit or loiter in or about any of
the premises described in subsection (2).
Section 37. Minors Misrepresenting Age. No person shall
falsely represent his age in order to obtain cigars. cigarettes or
tobacco. or in order to engage in games or loiter in places pro-
scribed by Section 36.
Section 38. Children Confined in Vehicles.
(1) No person who has under his control or guidance a
child under eight years of age shall at any time lock or confine.
or leave unattended. or permit the child to be locked or confined~
or left unattended, in a vehicle on a street, alley, public way,
public parking facility, or other public place for a period of
time longer than 30 consecutive minutes. A child is unattended
within the meaning of this section if the oldest person with the
child is unde r the age of 13 ye ar s .
(2) It shall be lawful and the duty of a policeman or other
peace 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 where
the child may be confined in order to remove the child.
Sections 39 to 50 reserved for expansion.
General
Section 51. Penalties. Except for Section 35 of this
ordinance, a person violating this ordinance shall, upon con-
viction thereof, be punished by imprisonment for a period not
to exceed~~ays, or by a fine not to exceed $500.00, or by both.
Section 52. Working Prisoners. In any conviction for
violation of this or any other 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 dire ction of the proper authoritie s.
Se ction 53. Separ ate Violations. Each violation of a
provision of this ordinance shall constitute a separate offense.
Section 54. Severability. The sections and subsections of
this ordinance are severable. The invalidity of anyone section
or subsection shall not affect the validity of the remaining sec-
tions or subsections.
(?..~ /
Section 55. Repeal. Ordinances No. 12, enacted July 20,
1885, No. 235, enacted June 23, 1904, No. 319, enacted July 30,
1907, No. 326, enacted October 1, 1907, No. 558, enacted May 20,
1913, No. 738, enacted August 1, 1922, No. 930, enacted May 15,
1934, No. 1046, enacted April 17, 1945, No. 1149, enacted
December 18, 1951, No. 1265, enacted December 19, 1959, No.
1349, enacted May 19, 1964, No. 1497, enacted December 6, 1966,
and No. 1525, enacted July 7, 1967, are repealed.
The foregoing ordinance was duly passed at a regular meeting
of the common council held on the 7~ day of ~~, 1968,
the vote being as follows:
Ayes (: Nays ()
Approved:
~/t:~ "flr-, >,/;
Mayor
To all of which I hereby certify:
/ ( /r:r'"
Recorder
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