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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