[Ord. No. 1856, 12-28-1982; Ord. No. 1955, 11-17-1987]
LOC Ch. 34 shall be referred to as the "Offenses Chapter of the City of Lake Oswego." The effective date of this chapter is January 27, 1983.
[Ord. No. 1856, 12-28-1982; Ord. No. 1910, 3-5-1985; Ord. No. 1955, 11-17-1987; Ord. No. 1999, 3-6-1990; Ord. No. 2038, 9-17-1991; Ord. No. 2083, Amended, 12-7-1993; Ord. No. 2125, Amended, 9-19-1995; Ord. No. 2231, Amended, 3-21-2000]
Except as otherwise provided, provisions of the Oregon Criminal Code of 1971, as constituted on October 23, 1999, relating to offenses, burden of proof, general principles of criminal liability, definitions, attempt, conspiracy, parties, process, general principles of justification, classification of offenses and penalties apply to offenses defined and made punishable by the offenses chapter of the City of Lake Oswego. The provisions of the Oregon Criminal Code, as stated above, shall not apply to Sections 34.04.101 through 34.16.999. Those sections shall make use of the civil violation procedure as provided in this Chapter and ORS 153.005 to 153.033; 153.039 to 153.111, and the nuisance abatement procedures as provided in this chapter. Criminal conduct as defined in this chapter which occurs in conjunction with or as part of an episode otherwise involving a civil violation may be prosecuted in a single proceeding in municipal court.
[Ord. No. 1648, 11-9-1976; Ord. No. 1856, 12-28-1982; Ord. No. 1901, 9-18-1984; Ord. No. 1910, 3-5-1985; Ord. No. 1955, 11-17-1987; Ord. No. 1999, 3-6-1990; Ord. No. 2038, 9-17-1991; Ord. No. 2083, Amended, 12-7-1993; Ord. No. 2125, Amended, 9-19-1995; Editorial change 3-1-1996; Ord. No. 2161, Amended, 12-16-1997]
Except where the context clearly indicates a different meaning, the definitions appearing in the definitional and other sections of particular chapters of the Oregon Criminal Code are applicable to Sections 34.02.010 to 34.02.081. Abbreviated reference to the Oregon Revised Statutes is "ORS". The definition of "peace officer" in ORS 133.005(3) shall be supplemented to include inspectors and investigators employed by the Oregon Liquor Control Commission.
[Ord. No. 1955, 11-17-1987; Ord. No. 1999, 3-6-1990; Ord. No. 2038, 9-17-1991; Ord. No. 2083, Amended, 12-7-1993; Ord. No. 2125, Amended, 9-19-1995; Ord. No. 2161, Amended, 12-16-1997; Ord. No. 2231, Amended, 3-21-2000]
The following sections of the Oregon Criminal Code are adopted and incorporated by reference in the Offenses Chapter of the City of Lake Oswego.
1. 
ORS 161.405 Attempt Described.
2. 
ORS 161.425 Impossibility not a Defense.
3. 
ORS 161.430 Renunciation as a Defense to Attempt.
4. 
ORS 161.435 Solicitation Described.
5. 
ORS 161.440 Renunciation as a Defense to Solicitation.
6. 
ORS 161.450 Conspiracy Described.
7. 
ORS 161.455 Conspiratorial Relationship.
8. 
ORS 161.460 Renunciation as a Defense to Conspiracy.
9. 
ORS 161.465 Duration of Conspiracy.
10. 
ORS 161.475 Defenses to Solicitation and Conspiracy.
11. 
ORS 161.485 Multiple Convictions Barred in Inchoate Crimes.
12. 
The provisions of LOC §§ 34.02.019(1) and 34.02.019(4) apply to the following "C" felonies and shall be prosecuted as "A" misdemeanors.
a. 
ORS 162.065 Perjury.
b. 
ORS 162.155 Escape, Second Degree.
c. 
ORS 162.265 Bribing a Witness.
d. 
ORS 162.275 Bribe Receiving by a Witness.
e. 
ORS 162.285 Tampering with a Witness.
f. 
ORS 162.325 Hindering Prosecution.
g. 
ORS 163.165 Assault, Third Degree.
h. 
ORS 163.245 Custodial Interference, Second Degree.
i. 
ORS 163.275 Coercion.
j. 
ORS 163.535 Abandonment of Child.
k. 
ORS 164.055 Theft, First Degree.
l. 
ORS 164.065 Theft of Lost, Mislaid Property.
m. 
ORS 164.085 Theft by Deception.
n. 
ORS 164.095 Theft by Receiving.
o. 
ORS 164.125 Theft of Services.
p. 
ORS 164.135 Unauthorized Use of a Vehicle.
q. 
ORS 164.140 Criminal Possession of Rented or Leased Property.
r. 
ORS 164.215 Burglary, Second Degree.
s. 
ORS 164.315 Arson, Second Degree.
t. 
ORS 164.365 Criminal Mischief, First Degree.
u. 
ORS 164.395 Robbery, Third Degree.
v. 
ORS 165.013 Forgery, First Degree.
w. 
ORS 165.022 Criminal Possession of Forged Instrument in the First Degree.
x. 
ORS 165.032 Criminal Possession of Forgery Device.
y. 
ORS 165.055 Fraudulent use of a Credit Card.
z. 
ORS 165.800 Identity Theft.
aa. 
ORS 166.015 Riot.
bb. 
ORS 166.165 Intimidation, First Degree.
cc. 
ORS 166.220 Carrying a Dangerous Weapon with Intent to Use.
dd. 
ORS 166.270 Ex-Con in Possession of Firearm.
ee. 
ORS 167.127 Promoting Gambling, First Degree.
ff. 
ORS 167.137 Possession of Gambling Records, First Degree.
gg. 
ORS 167.212 Tampering with Drug Records.
[Ord. No. 1856, 12-28-1982; Ord. No. 1910, 3-5-1985; Ord. No. 1955, 11-17-1987; Ord. No. 1999, 3-6-1990; Ord. No. 2003, 3-6-1990; Ord. No. 2038, 9-17-1991; Ord. No. 2083, Amended, 12-7-1993; Ord. No. 2125, Amended, 9-19-1995; Ord. No. 2161, Amended, 12-16-1997; Ord. No. 2231, Amended, 3-21-2000]
The following sections of the Oregon Criminal Code are adopted and incorporated by reference in the offenses chapter of the City of Lake Oswego:
1. 
ORS 133.076 Failure to Appear on a Criminal Citation.
2. 
ORS 153.992 Failure to Appear (Violation Proceeding).
3. 
ORS 162.075 False Swearing.
4. 
ORS 162.085 Unsworn Falsification.
5. 
ORS 162.145 Escape.
6. 
ORS 162.195 Failure to Appear in the Second Degree.
7. 
ORS 162.235 Obstructing Governmental Administration.
8. 
ORS 162.245 Refusing to Assist a Peace Officer.
9. 
ORS 162.247 Interfering with a Peace Officer.
10. 
ORS 162.295 Tampering with Physical Evidence.
11. 
ORS 162.305 Tampering with Public Records.
12. 
ORS 162.315 Resisting Arrest.
13. 
ORS 162.355 Simulating Legal Process.
14. 
ORS 162.365 Criminal Impersonation.
15. 
ORS 162.375 Initiating a False Report.
16. 
ORS 162.385 Giving false Information to a Police Officer for a Citation.
[Ord. No. 1856, 12-28-1982]
No person shall knowingly tamper with, injure, deface, destroy or remove any marker, fire alarm box, fire hydrant, topographic survey monument, motor vehicle sign, signs regulating parking, motor vehicle directional control devices or any other personal property or fixture erected or maintained by the City, county or the State of Oregon.
[Ord. No. 1856, 12-28-1982; Ord. No. 1910, 3-5-1985; Ord. No. 1955, 11-17-1987; Ord. No. 1999, 3-6-1990; Ord. No. 2038, 9-17-1991; Ord. No. 2083, Amended, 12-7-1993; Ord. No. 2125, Amended, 9-19-1995; Ord. No. 2161, Amended, 12-16-1997; Ord. No. 2231, Amended, 3-21-2000]
The following sections of the Oregon Criminal Code are adopted and incorporated by reference in the offenses chapter of the City of Lake Oswego:
1. 
ORS 163.160 Assault in the Fourth Degree.
2. 
ORS 163.190 Menacing.
3. 
ORS 163.195 Recklessly Endangering Another Person.
4. 
ORS 163.200 Criminal Mistreatment in the Second Degree.
5. 
ORS 163.208 Assaulting a Public Safety Officer.
6. 
ORS 163.465 Public Indecency.
7. 
ORS 163.467 Private Indecency.
8. 
ORS 163.545 Child Neglect.
9. 
ORS 163.575 Endangering Welfare of a Minor.
10. 
ORS 163.577 Failing to Supervise a Child.
11. 
ORS 163.700 Invasion of Personal Privacy.
12. 
ORS 163.709 Unlawful Directing of Light from a Laser Pointer.
13. 
ORS 163.732 Stalking.
14. 
ORS 163.750 Violating Court’s Stalking Protective Order.
15. 
ORS 165.572 Interference with Making a Report.
[Ord. No. 2084, Enacted, 1-4-1994]
1. 
A person commits the crime of placing a public safety worker at risk of bloodborne pathogen if the person knowingly:
a. 
Verbally places a public safety worker in danger of contracting a bloodborne pathogen by threatening to spit on such worker and carries an admitted or known bloodborne pathogen; or
b. 
Physically places a public safety worker in danger of contracting a bloodborne pathogen by throwing, spitting or contracting such worker with saliva, blood, urine or feces.
2. 
As used in this section:
a. 
Public safety worker is defined as a city, county or state employee who, as a job requirement must come into contact with the public.
b. 
Bloodborne pathogen includes but is not limited to Hepatitis B and the HIV virus.
3. 
Placing a public safety worker at risk of bloodborne pathogen is a Class A Misdemeanor.
[Ord. No. 1856, 12-28-1982; Ord. No. 1910, 3-5-1985; Ord. No. 1955, 11-17-1987; Ord. No. 1999, 3-6-1990; Ord. No. 2003, 3-6-1990; Ord. No. 2038, 9-17-1991; Ord. No. 2083, Amended, 12-7-1993; Ord. No. 2125, Amended, 9-19-1995; Ord. No. 2161, Amended, 12-16-1997; Ord. No. 2231, Amended, 3-21-2000]
The following sections of the Oregon Criminal Code are adopted and incorporated by reference in the offenses chapter of the City of Lake Oswego:
1. 
ORS 164.043 Theft in the Third Degree.
2. 
ORS 164.045 Theft in the Second Degree.
3. 
ORS 164.065 Theft of Lost, Mislaid Property.
4. 
ORS 164.085 Theft by Deception.
5. 
ORS 164.095 Theft by Receiving.
6. 
ORS 164.125 Theft of Services.
7. 
ORS 164.140 Possession of Leased or Rented Property.
8. 
ORS 164.162 Mail Theft or Receipt of Stolen Mail.
9. 
ORS 164.235 Possession of Burglary Tools.
10. 
ORS 164.243 Criminal Trespass in the Second Degree by a Guest.
11. 
ORS 164.245 Criminal Trespass in the Second Degree on a Premises.
12. 
ORS 164.255 Criminal Trespass in the First Degree.
13. 
ORS 164.265 Criminal Trespass While in Possession of Firearms.
14. 
ORS 164.272 Unlawful Entry into Motor Vehicle.
15. 
ORS 164.335 Reckless Burning.
16. 
ORS 164.345 Criminal Mischief in the Third Degree.
17. 
ORS 164.354 Criminal Mischief in the Second Degree.
18. 
ORS 164.775(1), (2), (3) and (6) Deposit of Trash Within 100 yards of Waters or in Waters.
a. 
For the purposes of this subsection and subsection (19), waters shall include the Willamette River, the Tualatin River, Springbrook Creek, Tryon Creek and Lake Oswego or any of the canals or tributaries connected with Lake Oswego.
19. 
ORS 164.785(1), (2), (3) and (4) Offensive Substances in Waters, on Highways or other Property Prohibited.
20. 
ORS 164.805 Offensive Littering.
21. 
ORS 165.007 Forgery in the Second Degree.
22. 
ORS 165.017 Criminal Possession of a Forged Instrument.
23. 
ORS 165.047 Unlawfully Using Slugs.
24. 
ORS 165.055 Fraudulent use of a Credit Card.
25. 
ORS 165.065 Negotiating a Bad Check.
26. 
ORS 165.805(1) Misrepresentation of Age by a Minor.
[Ord. No. 1856, 12-28-1982; Ord. No. 1910, 3-5-1985; Ord. No. 1955, 11-17-1987; Ord. No. 1961, 2-17-1988; Ord. No. 1999, 3-6-1990; Ord. No. 2038, 9-17-1991; Ord. No. 2083, Amended, 12-7-1993; Ord. No. 2125, Amended, 9-19-1995; Ord. No. 2161, Amended, 12-16-1997; Ord. No. 2231, Amended, 3-21-2000]
The following sections of the Oregon Criminal Code are adopted and incorporated by reference in the offenses chapter of the City of Lake Oswego:
1. 
ORS 166.025 Disorderly Conduct; except subsection 1(c).
2. 
ORS 166.065 Harassment; except subsections (1)(a)(B).
3. 
ORS 166.075 Abuse of Venerated Objects.
4. 
ORS 166.090 Telephonic Harassment.
5. 
ORS 166.095 Misconduct with Emergency Telephone Calls.
6. 
ORS 166.115 Interfering with Public Transportation.
7. 
ORS 166.155 Intimidation, Second Degree.
8. 
ORS 166.180 Negligently Wounding Another.
9. 
ORS 166.240 Carrying of Concealed Weapons.
10. 
ORS 166.250 Unlawful Possession of a Firearm.
11. 
ORS 166.370 Possession of Firearm in or on Public Building.
12. 
ORS 166.385 Possession of a Hoax Destructive Device.
13. 
ORS 166.630 Discharging Weapon on or Across Highway.
14. 
ORS 166.635 Throwing or Shooting at Trains.
[Ord. No. 1955, 11-17-1987; Ord. No. 1999, 3-6-1990; Ord. No. 2038, 9-17-1991; Ord. No. 2083, Amended, 12-7-1993; Ord. No. 2125, Amended, 9-19-1995; Ord. No. 2161, Amended, 12-16-1997]
The following sections of the Oregon Criminal Code are adopted and included by reference in the offenses chapter of the City Code of Lake Oswego
1. 
ORS 167.122 Unlawful gambling in the Second Degree.
2. 
ORS 167.132 Possession of gambling records in the Second Degree.
3. 
ORS 167.147 Possession of a Gambling Device.
[Ord. No. 1856, 12-28-1982; Ord. No. 1955, 11-17-1987; Ord. No. 2084, Amended, 1-4-1994; Ord. No. 2890, Amended, 3-17-2022]
1. 
No person, other than an authorized peace officer acting within the scope of their duties, shall fire any gun or other weapon, including air actuated pellet guns, "BB" guns or a weapon which is capable of propelling a projectile by use of a bow or sling, explosives or jet, or rocket propulsion.
2. 
The provisions of this section shall not be construed to prohibit the firing or discharging of any weapon by any person in the defense or protection of property that the person owns or controls, their person or family, or at any place duly licensed or designated for target practice. The provisions of this section shall not be construed to prohibit the display of fireworks, duly authorized by the City of Lake Oswego.
[Ord. No. 2084, Enacted, 1-4-1994]
1. 
A person commits the crime of interfering with an assistance, a search and rescue or a therapy animal if the person intentionally or knowingly:
a. 
Injures or attempts to injure an animal the person knows or reasonably should know is an assistance animal, a search and rescue animal or a therapy animal;
b. 
Interferes with an assistance animal while the assistance animal is being used to provide assistance to a physically impaired person; or
c. 
Interferes with a search and rescue animal or a therapy animal while the animal is being used for search and rescue or therapy purposes.
2. 
As used in this section:
a. 
"Assistance animal" means any animal trained to assist a physically impaired person in one or more daily life activities, including but not limited to:
i. 
Dog guides, as defined in ORS 346.610;
ii. 
Hearing ear dogs, as defined in ORS 346.640;
iii. 
Pulling a wheelchair;
iv. 
Fetching dropped items; and
v. 
Balance work.
b. 
"Physically impaired person" means any person who is permanently physically impaired, whose physical impairment limits one or more of daily life activities and who has a record of impairment and is regarded by health care practitioners as having such an impairment, requiring the use of an assistance animal including but not limited to blindness, deafness and complete or partial paralysis.
c. 
"Search and rescue animal" means that animal has been professionally trained for, and is actively used for, search and rescue purposes.
d. 
"Therapy animal" means that the animal has been professionally trained for, and is actively used for, therapy purposes.
3. 
Interfering with an assistance, a search and rescue or a therapy animal is a Class A misdemeanor.
[Ord. No. 2084, Enacted, 1-4-1994]
1. 
A person commits the crime of throwing an object off an overpass or a bridge if the person:
a. 
With criminal negligence throws an object off an overpass and bridge; and
b. 
Knows, or reasonably should have known, that the object was of a type or size to cause damage to any person, vehicle or boat that the object might hit.
2. 
Throwing an object off an overpass or a bridge is a Class A misdemeanor.
3. 
As used in this section, "Overpass" or "Bridge" means a structure carrying a roadway or pedestrian pathway over a roadway, pedestrian pathway or waterway, including Oswego Creek, Oswego Lake and the Canal.
[Ord. No. 1856, 12-28-1982; Ord. No. 1910, 3-5-1985; Ord. No. 1955, 11-17-1987; Ord. No. 1999, 3-6-1990; Ord. No. 2038, 9-17-1991; Ord. No. 2079, Amended, 9-7-1993; Ord. No. 2083, Amended, 12-7-1993; Ord. No. 2125, Amended, 9-19-1995; Ord. No. 2161, Amended, 12-16-1997; Ord. No. 2231, Amended, 3-21-2000]
The following sections of the Oregon Criminal Code are adopted and incorporated by reference in the offenses chapter of the City of Lake Oswego.
1. 
ORS 167.222 Frequenting a Place Where Controlled Substances are Used.
2. 
ORS 471.410 Providing Liquor to a Person under 21 or to Intoxicated Person; Allowing Consumption by Minor on Property; Mandatory Minimum Penalties.
3. 
ORS 471.430 Purchase or Possession of Liquor by Person under 21; Entry of Licensed Premises by Person Under 21.
4. 
ORS 475.005 Definitions.
5. 
ORS 475.991 Unlawful Delivery of Imitation Controlled Substances.
6. 
ORS 475.992(4)(f) and (4)(e), (4)(d), (4)(c), (3)(e), (3)(d), (2)(b), (1)(e), (1)(d) Possession of Less Than One Ounce of Marijuana.
7. 
ORS 475.994 Prohibited Acts Involving Records and Fraud.
8. 
ORS 475.995 Penalties for Distribution to Minors, sections (3) and (4).
[Ord. No. 2038, 9-17-1991; Ord. No. 2083, Amended, 12-7-1993; Ord. No. 2084, Amended, 1-4-1994; Ord. No. 2125, Amended, 9-19-1995; Ord. No. 2161, Amended, 12-16-1997]
No person having authority over such placement shall locate a vending machine from which tobacco products, as defined in ORS 431.840, in any form are dispensed in any place legally accessible to persons under 18 years of age except taverns and cocktail lounges, industrial plants, as defined in ORS 308.408, hotels and motels. Violation of this section is a violation as defined in ORS 161.565, punishable by a fine of not more than $250. Each day of violation constitutes a separate offense.
Cross-Reference: See ORS 167.402.
[Ord. No. 1950, 7-21-1987]
1. 
No person shall torture, torment, beat, kick, strike, choke, cut, stab, burn, stone, shoot, mutilate, injure, disable, kill or tamper with any police canine as defined by LOC § 31.02.100.
2. 
No person shall cause or direct any animal to attack or otherwise interfere with a police canine.
3. 
A law enforcement officer may destroy any animal attacking a police canine where lesser means of preventing injury to the police canine are not reasonably available.
[Ord. No. 1856, 12-28-1982; Ord. No. 2231, Amended, 3-21-2000]
No person shall, in connection with the issuance of a civil violation citation, criminal citation or filing of a complaint, knowingly certify falsely to the matter set forth in the citation or complaint.
[Ord. No. 1856, 12-28-1982; Ord. No. 2161, Amended, 12-16-1997; Ord. No. 2890, Amended, 3-17-2022]
1. 
No person shall refuse to leave the area of an arrest, custody or stop, or, having left that area, reenter it, after being directed to leave that area by an individual whom the person knows to be a peace officer.
2. 
For the purpose of the crime of failure to leave area of an arrest, custody or stop, the following definitions shall apply:
a. 
Arrest means to place a person under actual or constructive restraint for the purpose of charging the person with an offense.
b. 
Custody means to place a person under actual or constructive restraint pursuant to a court order or for other lawful purposes.
c. 
Peace officer means any member of, the Oregon State Police, a sheriff or deputy sheriff and a city police officer.
d. 
Stop means a lawful temporary restraint of a person’s liberty, by a peace officer (i) when such officer reasonably suspects that such person is committing, or has committed, an offense, or (ii) when such officer reasonably believes that such person is in need of attention pursuant to ORS 426.215 or ORS 426.460(iii), or when such officer reasonably believes that such person is the subject of service of a warrant or court order.
e. 
To leave the area of an arrest, custody or stop means to physically move to a location not less than ten (10) feet extending in a radius from where a peace officer is engaged in effecting an arrest, taking a person into custody, or stopping a person; the radius may be extended beyond ten (10) feet when a peace officer reasonably believes that such extension is necessary because there exists a substantial risk of physical injury to any person.
[Ord. No. 1856, 12-28-1982]
1. 
At any assembly of three or more persons, when there is reasonable cause to believe that a disturbance of the peace or a danger to public safety is imminent if the assembly continues, a peace officer may order persons present at the assembly to abandon any weapons, to disperse, or both, if the officer finds that two or more persons present:
a. 
Are threatening bodily harm to another or damage to property with immediate power to carry out that threat, or
b. 
Have committed an unlawful act of violence during the course of assembly.
2. 
It is unlawful for any person present at the scene of an assembly of three or more persons to disobey an order of a peace officer authorized by this section.
[Ord. No. 2125, Enacted, 9-19-1995]
1. 
A person commits the crime of abuse of a memorial to the dead if the person intentionally:
a. 
Destroys, mutilates, defaces, injures or removes any:
i. 
Tomb, monument, gravestone or other structure or thing placed or designed for a memorial to the dead; or
ii. 
Fence, railing, curb or other thing intended for the protection or for the ornamentation of any structure or thing listed in subparagraph (A) of this paragraph; or
b. 
Destroys, mutilates, removes, cuts, breaks or injuries any tree, shrub or plant within any structure listed in paragraph (a) of this subsection.
2. 
Abuse of a memorial to the dead is a Class A misdemeanor.
3. 
This section does not apply to a person who is the burial right owner of that person’s representative, an heir at law of the deceased or a person having care, custody or control of the cemetery by virtue of law, contract or other legal right, if the person is acting within the scope of the person’s legal capacity.
[Ord. No. 2854, Added, 11-3-2020]
No person shall land or takeoff a helicopter within the City except upon either prior approval of the City Manager or in an emergency to protect and preserve life or property. In determining whether to approve a landing or takeoff request, the City Manager may consider the requested time and date of the landing or takeoff; the nature of the surrounding area, e.g., residential; commercial; right-of-way; effect of noise and flight operations on the surrounding area; whether notice of the request has been given to the surrounding area and any public comments; and public safety.
[Ord. No. 1856, 12-28-1982; Ord. No. 1955, 11-17-1987; Ord. No. 2084, Amended, 1-4-1994; Editorial change 3-1-1996]
1. 
Violations of LOC §§ 34.02.010 to 34.02.081 shall be punished as misdemeanors except those violations which are incorporated sections of the Oregon Criminal Code which shall be punished as set out therein.
2. 
Violation of LOC §§ 34.02.010 to 34.02.081 shall be punished by a fine not exceeding Two Thousand Dollars ($2,000) or imprisonment for a term not exceeding one hundred eighty (180) days, or by both. The penalty for violations which are incorporated sections of the Oregon Criminal Code are set out therein provided, however, if the same offense is punishable under both LOC §§ 34.02.010 to 34.02.081 and of the laws of the State of Oregon, then the maximum penalty for violation of LOC §§ 34.02.010 to 34.02.081 shall not exceed the maximum penalty under the comparable state law.