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City of Columbia
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ORDINANCE NO. 516
AN ORDINANCE PRESCRIBING GENERAL OFFENSES; PROVIDING
PENALTIES; AND REPEALING ORDINANCES NOS. 256, 229, AND 335.
The City of Columbia City ordains as follows:
Section 1. Oregon
Criminal Code Adopted.
A) Oregon Revised Statutes, Chapters 161, 162,
163, 164, 165, 166, and 167, except for any provision classified as a felony
under state law, are adopted by reference.
Violation of an adopted provision of those chapters is an offense
against this city.
B) The provisions of Oregon Revised Statutes,
Chapter 161, relating to defenses, burden of proof, general principles of
criminal liability, parties, and general principles of justification apply to
offenses defined and made punishable by this ordinance.
C) Except where the context clearly indicates
a different meaning, definitions appearing in the general definitional and
other particular sections of chapters adopted by subsection (A) above are applicable
throughout this ordinance.
Disorderly conduct and related offenses.
Section
2. Disorderly conduct at fires.
A) No person at or near a fire shall obstruct
or impede fighting of the fire, interfere with fire department personnel or
fire department apparatus, behave in a disorderly manner or refuse to observe
promptly any order of a member of the fire or police department.
B) For purposes of this section, members of
the fire department are endowed with the same powers of arrest as are conferred
on peace officers for violations of city ordinances.
Section
3. Drinking in public places. No person shall drink or consume alcoholic
liquor in or on a street, alley, mall, parking lot, or other public place
unless the place has been licensed for that purpose by the Oregon Liquor
Control Commission or special written permission has been obtained from the
city or both.
(Sections 4 to 12 reserved for expansion)
Section
13. Concealed weapons. Except as provided in ORS 166.291 to
166.293, no person shall carry concealed on his or her person or concealed in a
vehicle a revolver, pistol or other firearm, or a knife, other than an ordinary
pocket knife, that could be used to inflict injury on a person or property of another. For purposes of this section, an ordinary
pocketknife is one with a maximum blade length of three and one half inches
that is not a switch-blade or spring-blade knife.
Section
14. Discharge of weapons.
A)
No person, other than
a peace officer, shall fire or discharge a gun or other weapon, including
spring or air-actuated pellet gun, air gun, bean shooter, or slingshot, BB gun,
crossbow, bow and arrow, or any weapon which propel projectiles by use of gunpowder
or other explosives, jet, or rocket propulsion within the city, except in an
area designated by the city. [Amended
by Ord. No. 07-639-O 8/17/07.]
Offenses related to property.
Section
15. Violating privacy of another. No person, other than a peace officer
performing a lawful duty,
shall enter upon land or into a building used in whole or in part as a dwelling
that is not his own without the permission of the owner or person entitled to
possession thereof and while so trespassing look through, or attempt to look
through, a window or transom of the dwelling with the intent to violate the
privacy of another person.
(Sections 16 to 20 reserved for future expansion)
Offenses related to minors.
Section
21. Endangering welfare of a minor.
A) No person shall solicit,
aid, or cause a minor person, herein defined as a person under 18 years of age,
to:
1) Violate a law of the United States or a
state or to violate a city or county ordinance.
2) Run away or conceal himself from a person
or institution having lawful custody of the minor.
Section
22. Providing liquor to minors. No person shall sell, give, serve, or
otherwise make available any alcoholic liquor to a minor except as provided in
Section 23 of this ordinance.
Section
23. Purchase or possession of liquor by
a minor.
A) Except as provided in subsection (B) of
this section, no minor shall attempt to purchase, acquire, or have in his/her
possession alcoholic liquor.
B) For the purposes of this section,
possession of alcoholic liquor includes acceptance or consumption of a bottle
of such liquor. However, this section
does not prohibit a person from accepting or consuming sacramental wine as part
of a religious rite or ceremony.
Section
24. Purchase of property from minors. No person shall purchase any property or
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.
Section
25. Curfew.
A) It shall be unlawful for any person under
the age of 18 years to be upon the streets or in any public place within the
city of Columbia City, Oregon, between the hour of 10:30 p.m. of Sunday,
Monday, Tuesday, Wednesday, and Thursday, and the hour of 4:00 a.m. of the following
day; and between the hour of midnight of Friday and Saturday and the hour of
4:00 a.m. of the following day unless:
1) Such minor person is accompanied by a
parent or legal guardian.
2) Such minor is engaged in a lawful pursuit
or activity which requires the presence of the minor in such public places
during the hours specified in subsection (A).
3) The minor is emancipated under ORS 419B.550
to 419B.558.
B) No adult person having the
care and custody of a minor under the age of 18 years shall knowingly permit
such minor to violate the provisions of subsection (A) of this section, except
as otherwise provided in that subsection.
Section
26. Police custody. Any police officer is authorized to take a
minor violating a provision of this ordinance into custody as provided by ORS
419C.080, 419C.085, and 419C.088.
Section
27. Refusal of parent or guardian to
take custody. No parent, guardian,
or other person having legal custody of a minor taken into police custody as
provided in Section 26 shall refuse to come immediately and take custody of the
minor upon being notified to do so by the police.
(Sections 28 to 30 reserved for expansion)
Obstructing Governmental Administration.
Section
31. Police and Fire Communications. No person shall operate any generator or
electromagnetic wave or cause a disturbance of such magnitude as to interfere
with the proper functioning of any police or a fire department radio
communication system.
(Sections 32 to 38 reserved for expansion)
Street and Sidewalk Offenses.
Section
39. Obstruction of building entrances. No person shall obstruct an entrance to a
building.
Section
40. Obstructing passageways.
A) No person shall, except as otherwise
permitted by ordinance, obstruct, or cause to be obstructed or assist in
obstructing, pedestrian or vehicular traffic on any sidewalk or street, except
as authorized by the City Council.
B) The provisions of this section shall not
apply to the delivery of merchandise or equipment, provided that no person shall
permit such merchandise or equipment to remain on any street or sidewalk beyond
a reasonable time.
C) No person shall use any street or sidewalk
or any portion thereof for selling, storing or displaying merchandise or
equipment, except as may otherwise be provided by ordinance.
D) No unauthorized person shall deposit any
earth, gravel, or debris upon any street or sidewalk.
(Sections 41 to 47 reserved for expansion)
Miscellaneous.
Section
48. Begging. No person shall physically accost another in
a public place to solicit alms.
Section
49. Lodging. No person shall lodge in a car, outbuilding,
or other place not intended for that purpose without permission of the owner or
person entitled to the possession thereof.
In addition, there shall be no overnight camping or tenting on public
property without prior approval of the City Council.
(Sections 50 to 55 reserved for future expansion)
General.
Section
56. Offenses outside city limits. This ordinance applies to acts committed on
property owned or leased by the city that is outside the corporate limits of
the city.
Section
57. Hauling. No person shall haul sand, gravel, rock,
wood, or other substance in any vehicle or conveyance that is so constructed or
in such condition as to allow the sand, gravel, rock, wood, or other substance
to fall on and litter the public streets of the city.
Section
58. Soliciting to violate or
confederating to violate ordinances.
No person shall solicit, aid, employ or engage another, or confederate
with another, to violate a provision of any city ordinance.
Section
59. Attempt to commit offenses. A person who attempts to commit an offense
mentioned in this ordinance or any ordinance of the city but who, for another
reason, is prevented from consummating such act, is guilty of an offense.
Section
60. Separate violations. When, in any city ordinance, an act is
prohibited or is made or is declared to be unlawful or an offense, or doing an
act is required, or the failure to do an act is declared to be unlawful or an
offense, each day a violation continues constitutes a separate offense.
Section
61. Penalties. Violation of a provision of this ordinance
is punishable by a fine not to exceed $500.
However, if a violation of a provision is identical to a state statute
with a lesser penalty, punishment shall be limited to the lesser penalty
prescribed in state law.
[Section
62. Severability.]
[Section
63. Repealer.]
[Section
64. Savings clause.]
Passed
by the council and approved by the mayor November 20, 1997.