HomeMy WebLinkAbout3026 Amending AMC Chapter 10
ORDINANCE NO. 70)(0
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 10, PUBLIC PEACE, MORALS AND
SAFETY AND REMOVING UNNECESSARY REGULATIONS
Annotated to show aeletions and additions to the code sections being modified. Deletions are
bold'" and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: .
Powers of the City The City shall have all powers which the constitutions, statutes, and'
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall '
have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional proyisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975); ,
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless
otherwise specified; this Chapter is being amended to specify classifications where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 10.04.030 [Interference with Police] through Section 10.04.040
[Penalties] are hereby amended to read as follows:
10.04.030 Interference with peIiee a public safety radio
,4.. No person shall hinder, delay, obstTHet or resist a police offieer or person duly
empowered with police authority who is aeting in the diseharge of offiejal duties.
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.
fire, or emerl!ency radio communication system of the city. Interference with public
safety radio is a Class C misdemeanor,
C. No person shall refuse to lea"/e the arca of an arrest, eustody, or stop, or having
left that area, re enter it, after being directed to leaye the area by a Jlerson Imo\\' to
Ordinance Amending AMC Chapter 10
Page 1 of16
him to be a peaee offieer. "To lean the area of an arrest, eustody or stop" means to
ph)'sieally move to a loeation not less than ten (10) feet exteoding in a radius from
where a poliee offieer is engaged in effeeting an arrest, takiog apeman into eustody,
or stopping a person, provided that the peaee offieer may extend the radius beyond
ten (Ill) feet when the offieer reasonably belie-:es that the extension is neeessary
beeause of substantial risk of physieal injury to any person.
10.01.010 Penalties
l.ny person yiolating this seetion shall be guilt). of a misdemeanor as set forth in
Seetion 1.08,010.
SECTION 2. Section 10.12.010 [Assault] through Section 10.12.090 [Penalties] are hereby
amended to read as follows:
10,12 Assault
10.12.010 Assault and Battery
No persoo shall attael., assault, or eommit a battery upon another person.
10.12.020 Offensi'/e Physieal Contaet
No persoo shall eause or attempt to eause another person reasonably to apprehend
that the person will be subjeeted to any offensi'/e physieal eontaet, ineluding but not
limited to touehing, grabbing or striking, either to the person or to personal
property in the person's immediate possession.
ID.12,090 Penalties
,4.ny person Yiolating any seetion within this ehapter shall be guilt)' of a
misdemeanor as set forth in Seetion 1.08.010,
SECTION 3. Section 10.26.050 [Swimming Pools -Barrier- Penalty] is hereby amended to read
as follows:
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 infraetion a Class I violation and shall be punished as
set forth in Seetion 1.08.020 of the Munieipal Code.
SECTION 4, Section 10.30.050 [Outdoor Buming- Enforcement and Penalties] is hereby
amended to read as follows:
10.30.050 Enforcement and Penalties
A. 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, includinl! but
Ordinance Amending AMC Chapter 10
Page 2 of 16
not limited to unpermitted burninl! or violation of permit requirements. has
committed an infraetion a Class I violation, 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 l*Ie Chapter is committed or continued by such person, firm or
corporation.
B. Outside burning without a permit or a campfire in violation of this chapter is a public
nuisance and may be summarily abated by the Fire Chief, Chief of Police, or their
representatives.
SECTION 5. Section 10.40.010 [Liquor Regulations - Bartender not to drink on duty] through
Section 10.04.040 [Open Container Prohibited] are hereby amended to read as follows:
10.40. Liquor Rel!ulations
10.40,010 Bartender not to drinl. on duty
No bartender shall drink or eonsume aleoholie Iilluor, or be under the inAuenee of
aleoholie Iilluor, while on duty in a lieensed premise.
10.10,020 Lieense seope Conformanee relluired
No Iieensee, or employee of lieensee, shall haye in possession on the Iiecnsed premise
aleoholie Iilluor that is not in eluded within the seope of the Iieense for sueh premises.
10.40.030 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. Consumption of alcoholic liquors in public
places prohibited is a Class III violation,
10.40.040 Open Containers Prohibited
A person commits the offense of violation of the open container law if the person
possesses on one's person, while 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, any bottle, can or other receptacle containing any alcoholic liquor,
which has been opened, or a seal broken, or the contents of which have been partially
removed. It shall not be a violation of this section, however, if the bottle, can or other
receptacle is within a motor vehicle and in compliance with ORS 811.170, the open
container law in a motor vehicle. Open containers prohibited is a Class III violation.
Ordinance Amending AM C Chapter 10
Page 3 of 16
SECTION 6. Section 10.44.010 [Disorderly Conduct] is hereby amended to read as follows:
10.11.010 Disorderly eonduet
A. No person shall without good eaHse, while on the premises of a drive in
restaurant, drive in blink, dri'.'e in theater, dri'.'e in business, pHblie parking fueilif)' ,
or other public or pri'/ote properf)' where parldng or driye in fueilities are offered
or extended to puMie use, impede the orderly movement of vehieles or pedestrian
traffie.
SECTION 7, Sections 10.44.015 [Pedestrian Interference] and 10.44.020 [Disorderly Conduct-
Penalties] is hereby amended to read as follows:
10.11.015 Pedestrian Interferenee
,4.. No person shallbloek or interfere with, or attempt to blocl, or interfere with. any
person along a pHblie sidewall. or any area designed or designated for pedeatrian
traffie, b)' any means, in eluding but not limited to standing, sitting or lying, on that
part of the sidewall, or area used for pedestrian trll-vel or plaeing any object or
vehiele in sueh sidewall. or area, with the intent to interfere -,dth free passage.
B. No person shallbloek or interfere with, or attempt to Moel, or interfere with,
pedestrian or vehieular entranees to publie or private property abutting a publie
sidewall. with the intent to interfere with the free ingress to or egress from sueh
proper!)',
C, This seetion shall not apply to any oetY/i!)' otherwise made lawful.
10.44.020 Penalties
Any person violating any section within this chapter shall be guilty of a Class In Qass
(; violation as that class is defined under Oregon law and AMC 1.08.020.
SECTION 8. Section 10.46.020 [Camping Prohibited] and Section 10.46.030 [Sleeping on
Benches] are hereby amended to read as follows:
10.46.020 Camping Prohibited
No person shall camp in or upon any sidewalk, street, alley, lane, public right-of-way,
park, or any other publicly-owned property or under any bridge or viaduct, unless
otherwise specifically authorized by this code, by the owner of the property, or by
emergency declaration under AMC 2.62.030. Campinl!: prohibited is a Class IV
violation,
10.46,030 Sleeping on Benches or Within Doom'ays Prohibited
A. No person shall sleep on public benches between the hours of 9:00 p.m. and 8:00 a.m.
Sleepinl! on benches is a Class IV violation,
Ordinance Amending AMC Chapter 10
Page 4 of 16
B. No person shall sleep in any pedestrian or vehieular entrance to Ilublie or pri-lllte
property abutting a publie sidewall..
SECTION 9. Section 10.46.050 [Penalties] is hereby amended to read as follows:
10,46,050 Mitil!ation of Penalties
.\. ;\ny person yiolating section 10,46.020 or 10.16,030 shall be guilty of a violation
as set forth in Seetion 1.08,020, -
B. Up to 18 hours of eommunity serviee mllY be ordered by the Court IInd sueh
serviee may include elean up of illegal eampsites. The court shall consider in
mitigation of any punishment imposed upon a person convicted of prohibited camping
whether or not the person immediately removed the campsite upon being cited. For
purpose of this section, removal of the campsite shall include all litter, including but not
limited to bottles, cans, garbage, rubbish and items of no apparent utility, deposited by
the person in and around the campsite. All litter in and around the campsite shall be
presumed to be deposited by the person convicted of prohibited camping. Such
presumption shall be rebuttable, however.
SECTION 10. Section 10.56.030 [Prohibited Uses of Fountains and Monuments] is hereby
amended to read as follows:
10,56,030 Prohibited Uses of Fountains and Monuments
A. No person shall climb, stand, lie or sit upon any public statue, monument or decorative
or drinking fountain except that a person may sit upon that portion of any such monument
or decorative fountain designed for sitting.
B. No person shall wash, bathe, shower, brush teeth or wash clothes or other articles in
any decorative or drinking fountain.
C. Prohibited uses of fountains and monuments is a Class I violation.
SECTION 11. Section 10.60.020 [Injury to or removal of property] is hereby amended to read
as follows:
10.60.020 Injury to or remo"/al of IlrOllerty Horses prohibited
.\. No person, without proper authority, shall eut, remove. defnee, or in any manner
injue or damage real or personal property of the city within or without the
eorpornte limits
B. No person, without proper authority, shall wilfully defaee, injure, tamper with,
break, or destroy any property, real or personal, belonging to or under the eontrol
of another,
b No person shall lead, drive, or ride a horse on public property, except upon that
portion of a street where vehicular traffic is authorized. Horses prohibited is a Class II
violation.
Ordinance Amending AM C Chapter 10
Page 5 of 16
SECTION 12, Section 10.60.050 [Library Property- retention past due date prohibited] and
Section 10.60.060 [Violation Penalty] are hereby amended to read as follows:
10,60,050 Library property - Retention past due date prohibited
No person shall willfully 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. Library property - retention past due date prohibited
is a Class IV violation. Nothinl! herein shall prohibit criminal prosecution for theft
under Orel!on Law.
10,60,060 Violation Penalty
Any person violating any of the provisions of this ehapter is guilty of an infraetion
and shall be subjeet to the penalties set f-orth in Section 1.08.020.
SECTION 13. Sections 10.64.010 [Obstructing passageways] through 10.64.030 [Penalty for
Violation] are hereby amended to read as follows:
10.64.010 Obstructing passageways
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.
C. Except as otherwise permitted by ordinance, no person shall place any object on a
public sidewalk which restricts the clear passageway for pedestrians to less than eil!ht
feet. except when the sidewalk is less than eleven feet in width, then the measure
shall be six feet, or place any object on a public sidewalk at a street corner or within five
feet of the curb return.
, 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. Sidewalk obstruction is a Class I
violation.
SECTION 14. Section 10.68.060 [Penalty for Violation - Commercial Activity] is hereby
amended to read as follows:
10,68.060 Penalty for Violation
Ordinance Amending AM C Chapter 10
Page 6 of 16
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.
Unpermitted commercial activity is a Class I violation,
SECTION 15, Section 10.68.080 [Notices prohibited] is hereby amended to read as follows:
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. Notices prohibited is a Class IV violation.
SECTION 16. Section 10.68.090 [Intoxicating Liquor prohibited] through Section 10.68.330
[sleeping prohibited] are hereby amended to read as follows:
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.
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.
D. This section and the prohibitions on the provision and use of intoxicatinl! liquor
shall not apply to the park property commonly known as Oak Knoll Golf Course
only when such is served as Dart of the City Golf Course operation or approved
concession with the approval of the Ashland Park and Recreation Commission and
the Orel!on Liquor Control Commission,
E. Intoxicatinl! liquor prohibited is a Class II violation,
10,68,100 Littering Prohibited
Ordinance Amending AMC Chapter 10
Page 7 of 16
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 ofthe Park. Litterinl! prohibited is a Class II
violation.
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. Injurinl! or defacinl! property prohibited is
a Class II violation,
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. Parks property-Prohibited uses is a Class III violation,
10.68.130 Betting prohibited (unless authorized consistent with statute)
No game of chance or betting of any kind will be permitted within the park boundaries.
Bettinl! prohibited is a Class II violation.
10.68.140 Firearms and explosives use prohibited
Except as permitted by AMC 10,92.020,B., no N& one shall use firearms, fireworks,
firecrackers, torpedoes, or explosives of any kind in any park. Firearms and explosives
use prohibited is a Class I violation.
10.68.150 Injuring wildlife prohibited
No one shall use any weapon, stick, stone, or missile of any kind to destroy, injure,
disturb or molest any wild or domestic animal, fowl, or fish within the park limits.
Injurinl! wildlife prohibited is a Class I violation.
10.68.170 Park waters - Use
No one shall fish, wade, swim, or bathe in any 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 Lithia Park. Park waters-use is a Class II violation.
10,68,180 Whistles prohibited
Except for sports officials and coaches durinl! scheduled events, -\l,yisitors shall not
sound whistles in any of the parks. Whistles prohibited is a Class IV violation.
Ordinance Amending AMC Chapter 10
Page 8 of 16
10,68.190 Park rules-Destruction of notice prohibited
No person shall injure, deface, or destroy any notice of 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. Destruction of notice is a Class I violation,
10.68.200 Animals
A. Dogs, except for service animals, seeing eye dogs and dogs for the deaf, when in
the eustody and eORtrol of a person legally blind or deaf, are not permitted in any of
the City Parks under any conditions except as provided in Section 9.16.030; and except
that the Ashland Parks and Recreation Commission may designate certain defined areas
within such parks or "dOl! parks" where dogs may be allowed on or off a leash. whieh
conforms to the provisions ofSeetion 9,16,040 of this eode. "Service animal" for
purposes of this Chapter means an animal that is trained to perform tasks for an
individual with a disability, The tasks may include. but are not limited to, l!uidinl! a
person who is visually impaired or blind, alertinl! a person who is deaf or hard of
hearinl!, pullinl! a wheelchair. assistinl! with mobility or balance, alertinl! and
protectinl! a person who is havinl! a seizure, retrievinl! objects. or performinl! other
special tasks, A service animal is not a pet or companion animal.
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 ofthe property damaged or destroyed, in addition to the penalty
imposed for violation of this chapter.
E. Animals rel!ulations are Class IV violations.
10,68,210 Vehicles - Use restricted
A. No one shall ride or drive any bicycle, motorcycle, scooter. motor vehicle, truck,
wagon, horse, or any vehicle or animal in any part of the parks, except on the regular
drives designated therefore; provided that baby carriages, invalid wheelchairs, 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.
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
Ordinance Amending AM C Chapter 10
Page 9 of 16
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 ofthe 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 any tree, shrub, fence, railing, or other
structure, except such as are provided for such purpose, or allow horses or other animals
to stand unhitched while the driver or attendant is beyond reach of such horse or other
animal.
E. Vehicles-Use restricted rel!ulations are Class III violations.
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 employee, shall depart from the
portion of the grounds specified by such officer or employee, and shall remain off the
same until permission is given to return. Failure to obey an lawful order to evacuate
due to an emerl!ency is a Class I violation.
10.68.230 Sleeping prohibited
No person shall sleep on the seats or benehes 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. Sleepinl! prohibited is a
Class IV violation. .
10.68,240 Comfort stations
No male person other than a child with its mother, or a park employee in the discharge of
such employees regular duties, shall enter a public comfort station marked "women," or
loiter about the entrance of such comfort stations. Comfort stations is a Class IV
violation.
10,68,250 "No admittance" or "reserved" sign-Compliance
No person shall enter any building, enclosure, or place within any of the parks upon
which the words "No Admittance" or "Reserved" shall be displayed or posted by sign,
placard, or otherwise, without the consent of the superintendent or other officer of the
parks. Violation of no admittance is a Class I violation: violation of reserved is a
Class II violation,
10.68.260 Swings - Hammocks
Ordinance Amending AMC Chapter 10.
Page 10. of16
No swings or hammocks shall be hung or swung in any of the parks, except on the posts
erected for the purpose. Swinl!s-Hammocks is a Class IV violation.
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. Fires outside desil!nated areas is a Class II violation, When Fire
Restrictions are in place violation is a Class I violation.
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. Permit-Inspection is a Class IV violation,
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.
When not otherwise specified in the Code, violation of permit-conditions is a Class
II violation.
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.
Barriers-Compliance is a Class III violation.
10.68.310 Park officers - Obedience required
No person shall refuse a request to obey any reasonable direction of the park officers or
employees. Failure to comply is a Class III violation.
10,68.320 Park officers Interferenee 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.
10.68,330 Campinl! Sleeping prohibited
Ordinance "mending AMC Chapter 10
Page 11 ofl6
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. Prohibited Campinl! is a Class IV violation.
SECTION 17. Section 10.68.370 [Parking Limitations] is hereby amended to read as follows:
10,68,370 Parking 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 of2:00 A.M. and 6:00 A.M. It shall be rebuttal
presumed that any vehicle parked contrary to the provisions of this section was parked by
the registered owner thereof. Parkinl! a Camper is a Class In violation.
SECTION 18. Section 10.68.380 [Curfew] is hereby amended to read as follows:
10.68.380 Curfew
Except for Police, Fire and Park Departinent employees on official business no one shall
be in Lithia Park between the hours of II :30 P.M. and 5:30 A.M. Curfew is a Class IV
violation; Nothinl! in this provision prohibits citation for trespass under state law.
SECTION 19, Section 10.72.010 [Theft -Stolen Property] through Section 10.72.020 [Petty
Theft] are hereby amended to read as follows:
10.72 Theft
10,72.010 Stolen property
No person shall buy, reeeive, conceal, or attempt to buy property that is Irnown or
should be known to sueh person to ha'/e been stolen,
10.72.020 Petty theft
No person shall take or carry away property of value not to exeeed two hundred
dollars ($200,00) whieh is the property of another with the intent to deprive sueh
other of sHeh property permanently.
SECTION 20. Section 10.88.0 I O. [Miscellaneous Offenses by or against Minors - Minors
generally] through Section 10.88.050 [Children Confined n Vehicles] are hereby amended to
read as follows:
10.88 Miseellaneous Offenses by or ,"'gainst Minors
10,88.010 Mjnors generally
too No person shall purehase property or an artiele ofvalue from a minor or have
Ordinance Amending AMC Chapter 10
Page 12 of 16
dealings respeeting the title of property in the possession of a minor without the
written eonsent of the parent or guardian of the minor.
10.88.020 Tobaeeo sales to and eonsumption 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 the eonsumption of sueh minor, any
tobaeeo, eigars, or eigarettes in any form, or any eompound in whieh tabaeeo forms
a eomponent part,
B. No minor under the age of eighteen (18) year shall smoke, use, or have in sueh
minor's possession a eigBF, eigarette, or tobaeeo in any form in a publie plaee. No
proprietor, elerk, assistant, or employee of a plaee of business shall permit a minor
under the age of eighteen (18) years to frequent the plaee of business while the
minor is using or smoldng a eigar, eigarette, or tobaeeo in any farm:
10,88,040 Minors misrepresenting age
No person shall falsely represent his/her age in order to obtain eigars, eigarettes, or
tobaeeo.
10,88.050 Children eonfined in vehieles
A. f.person haying eustody or eontrol of a ehild under 10 years of age eommits an
infraetion if the person leaves the ehild unattended in any vehiele where the
eireumstanees indieate that the person Imew or should have known that there was a
likelihood of danger to the health or welfare of the ehild or others.
B, It shall be lawful for a poliee offieer finding a ehild eonfined in '/iolation of this
seetion to enter the vehiele and remove the ehild using sneh foree as is reasonably
neeessary to aff~et an entranee to the vehiele. The Judge in the trial of this offense
shall have diseretion to order the Poliee Department to pay for the damages to the
"/ehiele if the Judge believes that sueh payment would be fair, just and equitable.
SECTION 21. Section 10.90.010. [Penalties] through Section 10.90.030 [Separate Violations]
are ~ereby amended to read as follows:
10.90 Penalties
10,90,030 Penalties
;\ny person violating this seetion shall be guilty of a misdemeanor as set forth in
Seetion 1.08.010,
10.90.010 Penalties
Ordinance Amending AMC Chapter 10
Page 13 of 16
Exeept as othen'l'ise noted, any person violating this title is guilty of an infraetion
and shall be subjeet to the penalties set forth in Seetion 1.08.020
10.90.020 Working prisoners
In any con"/ietion for violation of this title or any ordinance of the city where the
penalty fixed by the cout is eonfinement in the eity jaii for any term, the court
additionally may order that the convieted person, during the term of confinement,
labor upon the streets or pub lie works of the city under the direetion of the proper
authorities,
10.90.030 Separate violations
Eaeh violation of a pro"/ision of this title eonstitutes a separate offense.
be fair, just and elJuitable.
SECTION 22. Section 10.92.020. [Discharging Weapons] is hereby amended to read as
follows:
10.92.020 Discharging weapons
A. Within the City limits of the City of Ashland, no N6-person other than an
authori;zed peace offieer shall fire or discharge a firearm. crossbow, bow and arrow,
blowl!un or other 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 mechanism,
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 firearm or weapon by.!!..:.
1. Person in the lawful defense or protection of such person's property,
person. or family_ as set forth in ORS 161.195;
2, Peace officer or member of the militarv discharl!inl! a firearm or
weapon while actinl! within the scope of his or her official duty;
3. Government emplovee discharl!inl! a firearm or weapon when
authorized and required by his or her employment or public office to carrv or use
firearms or weapons and while actinl! within the scope of his or her official duty;
4. Person conductinl! an athletic contest who fires blank ammunition in
a plul!l!ed firearm toward the sky:
5. Person authorized bv permit of the chief of police to discharl!e blank
ammunition or a weapon for a lawful purpose (e.l!. ceremony);
6. Person lawfully enl!al!inl! in huntinl! in compliance with rules and
rel!ulations adopted by the State Department of Fish and Wildlife:
7. Person discharl!inl! a firearm or weapon on a licensed public or
private shootinl! ranl!e. shootinl! l!allerv or other approved area desil!ned or built
for the purpose of tarl!et shootinl!, when such person is a member or l!uest of said
ranl!e or area:
Ordinance Amending AMC Chapter 10
Page 14 of 16
8. Person discharl!inl! a bow and arrow for tarl!et shootinl! (tarl!et
arrow) on their own property or on another's property with the owner's consent.
provided the tarl!et is of sufficient size or arranl!ement to prevent the arrow from
leavinl! the property,
C. Discharl!inl! weapons is a Class A misdemeanor if the weapon discharl!ed
constitutes a firearm under Orel!on law, Discharl!inl! weapons is a Class I violation
if the weapon discharl!ed is not a firearm under Orel!on law.
SECTION 23. Section 10.100.010. [Social Gambling] is hereby amended to read as follows:
10.100,010 Social gambling
Social gambling and social games as defined in ORS 167.117 are hereby permitted in
charitable, fraternal and religious organizations. Unpermitted social l!amblinl! is a Class
II violation,
SECTION 24. Section 10.110.070. [Fair Housing - Penalties] is hereby amended to read as
follows:
10.11 0,070 Penalties
Any person violating or causing the violation of any provision of this ordinance has
committed an infraetioo a Class I violation, 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.
SECTION 25. Section 10.115.080. [10.115 Tenant Rights in Conversion of Existing Multi-
Family Rental Units For-Purchase Housing - Penalties] is hereby amended to read as follows:
10.115.080 Penalties
A. It shall be unlawful and a violation punishable under AMC 1.08.020 for a declarant, of
a multi-family residential building to fail to strictly comply with, or violate the notice,
relocation assistance, right to purchase, or prohibited actions provisions of this Chapter.
For purposes of this chapter, the term declarant includes the owner of the multi-family
building, regardless of the form of ownership, as well as declarant's authorized agents and
contractors.
B. A violation of any provision of this Chapter shall be a Class I violation. The
minimum fine for violation of any provision of this Chapter shall be $500.00 for each
unit affected, excluding any required state and local assessments.
SECTION 26. Severability. If any section, provision, clause, sentence, or paragraph of
this Ordinance or the application thereof to any person or circumstances shall be held invalid,
such invalidity shall not affect the other sections, provisions, clauses or paragraphs of this
Ordinance which can be given effect without the invalid provision or application, and to this end
the provisions ofthis Ordinance are declared to be severable.
Ordinance Amending AMC Chapter 10
Page 150f16
SECTION 27 Savings. Notwithstanding this amendment, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as required by
state law, were commenced shall remain valid and in full force and effect for purposes of all
cases filed or commenced during the times said ordinance(s) or portions thereof were operative.
This section simply clarifies the existing situation that nothing in this Ordinance affects the
validity of prosecutions or applications commenced and continued under the laws in effect at the
time the matters were originally filed.
SECTION 28 Codification. Provisions of this Ordinance shall be incorporated in the
Ashland Municipal Code and the word "ordinance" may be changed to "code", "articlC:',
"section", "chapter' or another word, and the sections of this Ordinance may be renumbered, or
re-Iettered, and typographical errors and cross references may be corrected by the City Recorder,
provided however that Sections 26 thru 28, unincorporated Whereas clauses and boilerplate
_ provisions need not be codified.
The foregoing ordinance was first read by title only in accordan e with Article X,
Section 2(C) of the City Charter on the ~O day of ,2010,
and duly PASSED and ADOPTED this 0 day of ,2010.
~ IL;~
Barbara Christensen, City Recorder
SIGNEDandAPPROVEDthisLdaYOf ~ ,2010.
4r~
Reviewed as to form:
Ordinance Amending AMC Chapter 10
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