City of Roseburg, OR OFFENSES

§ 7.02.010 Statutory offenses adopted.

The following offenses defined in the listed sections of Oregon Revised Statutes are hereby adopted as offenses against the City along with related definitions, limitations, defenses, penalties and remedies for each such offense, all of which are incorporated by this reference:

133.076	Failure to Appear on Criminal Citation
161.405	Attempt
161.566	Misdemeanor Treated as Violation; Prosecuting Attorney's Election
162.075	False Swearing
162.085	Unsworn Falsification
162.145	Escape in the Third Degree
162.195	Failure to Appear in the Second Degree
162.235	Obstructing Governmental Administration
162.245	Refusing to Assist a Peace Officer
162.247	Interfering with a Peace Officer
162.255	Refusing to Assist in Firefighting Operations
162.257	Interfering with a Firefighter or Emergency Medical Technician
162.295	Tampering with Evidence
162.315	Resisting Arrest
162.365	Criminal Impersonation
162.375	Initiating a False Report
162.385	Giving False Information to a Police Officer for a Citation or Arrest Warrant
163.160	Assault in the Fourth Degree
163.187	Strangulation
163.190	Menacing
163.195	Recklessly Endangering Another Person
163.197	Hazing
163.200	Criminal Mistreatment in the Second Degree
163.212	Unlawful Use of an Electrical Stun Gun, Tear Gas or Mace in the Second Degree
163.445	Sexual Misconduct
163.465	Public Indecency
163.467	Private Indecency
163.476	Unlawful Being in a Location Where Children Regularly Congregate
163.545	Child Neglect 2
163.575	Endangering the Welfare of a Minor
163.577	Failing to Supervise a Child
163.580	Posting of Signs Concerning Sale of Smoking Devices
163.700	Invasion of Personal Privacy
163.709	Unlawful Directing of Light From Laser Pointer
164.043	Theft in the Third Degree
164.045	Theft in the Second Degree
164.065	Theft of Lost, Mislaid Property
164.085	Theft by Deception
164.095	Theft by Receiving
164.125— 164.130	Theft of Services (limited to misdemeanor)
164.140	Criminal Possession of Rented or Leased Personal Property (limited to misdemeanor)
164.160— 164.164	Theft of Mail
164.205	Definitions for ORS 164.205—164.270
164.235	Possession of Burglary Tools or Theft Device
164.243 and 164.245	Criminal Trespass in the Second Degree
164.255	Criminal Trespass in the First Degree
164.265	Criminal Trespass While in Possession of Firearm
164.272	Unlawful Entry Into Motor Vehicle
164.278	Criminal Trespass at Sports Event
164.335	Reckless Burning
164.345	Criminal Mischief Third Degree
164.354	Criminal Mischief Second Degree
164.383	Unlawfully Applying Graffiti
164.386	Unlawfully Possessing Graffiti Implement
164.775	Littering in or Near Waters
164.805	Offensive Littering
165.007	Forgery 2
165.017	Criminal Possession of a Forged Instrument
165.047	Unlawfully Using Slugs
165.543	Interception of Communication
165.570	Improper Use of 9-1-1 Emergency Reporting System
165.572	Interference With Making a Report
165.805	Misrepresentation of Age by Minor
166.025	Disorderly Conduct
166.065	Harassment
166.076	Abuse of a Memorial to the Dead
166.090	Telephonic Harassment
166.116	Interfering with Public Transportation
166.155	Bias Crime in the Second Degree
166.240	Carrying of Concealed Weapons
166.250	Unlawful Possession of Firearms
166.270	Subsections 2, 3, 4 and 5 Felon in Possession of a Restricted Weapon
166.320	Setting Spring Gun or Set Gun
166.350	Unlawful Possession of Armor Piercing Ammunition
166.385	Possession of Hoax Destructive Device
166.416	Providing False Information in Connection with a Transfer of a Firearm
166.418	Improperly Transferring a Firearm
166.425	Unlawful Purchase of a Firearm
166.427	Register of Transfers of Used Firearms
166.435	Firearm Transfers by Unlicensed Persons
166.438	Transfer of Firearms at Gun Shows
166.638	Discharging Weapon Across Airport Operational Surfaces
166.470	Limitations and Conditions for Sales of Firearms
166.480	Sale or Gift of Explosives to Children
166.649	Throwing an Object off an Overpass in the Second Degree
167.007	Prostitution
167.075	Exhibiting an Obscene Performance to a Minor
167.080	Displaying Obscene Material to a Minor
167.090	Publicly Displaying Nudity or Sex for Advertising Purposes
167.222	Frequenting Places Where Controlled Substances are Used
167.238	Prima Facie Evidence Permitted in Prosecutions of Drug Offenses
167.262	Use of Minor in Controlled Substance or Marijuana Item Offense
167.315	Animal Abuse in the Second Degree
167.325	Animal Neglect in the Second Degree
167.330	Animal Neglect in the First Degree
167.340	Animal Abandonment
167.343	Unlawful Tethering
167.349	Encouraging Animal Abuse
167.352	Interfering With Assistance, Search and Rescue or Therapy Animal
167.755	Selling Tobacco Products or Inhalant Delivery Systems to Person Under 21 Years of Age
167.765	Retail Store Location of Tobacco Products or Inhalant Delivery Systems
167.770	Display of Sign
167.808	Unlawful Possession of Inhalants
167.810	Creating a Hazard
471.410	Providing Liquor to Person Under 21 or to Intoxicated Person; Allowing Consumption by Minor on Property; Mandatory minimum Penalties
471.430	Purchase or Possession of Liquor by Person Under 21; Entry of Licensed Premises by Person Under 21; Community Service and Suspension of Driving Privileges
475.752	Subsections 1(d), 1(e), 2(d), 2(e), 3(c), 3(d) and 3(e) Manufacture/Delivery/Possession of a Controlled Sub-stance
475.912	Unlawful Delivery of an Imitation Controlled Substance
475B.227	Prohibition Against Importing or Exporting Marijuana Items
475B.306	Prohibition Against Producing, Processing, Possessing or Storing Homegrown Marijuana or Homemade Cannabinoid Products, Extracts
475B.311	Prohibition Against Producing, Processing or Storing Homemade Cannabinoid Extracts, Industrial Hemp Extracts
475B.316	Prohibition Against Person Under 21 Years of Age Possessing, Attempting to Purchase or Purchasing Marijuana Item
475B.321	Prohibition Against Producing Identification That Falsely Indicates Age
475B.329	Prohibition Regarding Person Who is Visibly Intoxicated; Prohibition Against Allowing Consumption of Marijuana by Person Under 21 Years of Age on Private Property
475B.333	Prohibition Against Giving Marijuana Item as Prize
475B.337	Unlawful Possession by Person 21 Years of Age or Older
475B.341	Unlawful Possession by Person Under 21 Years of Age
475B.346	Unlawful Delivery of Marijuana Item
475B.349	Unlawful Manufacture of Marijuana Item
475B.376	Unlawful Sale or Delivery of Marijuana Paraphernalia
475B.381	Prohibition Against Using Marijuana Item in Public Place
476.715	Throwing Away of Lighted Materials
480.120	Sale, Possession and Use of Fireworks Prohibited; Exceptions; Enforcement
689.527	Prohibited Practices
837.080	Prohibited operation of aircraft
837.370	Operation over privately owned premises
837.372	Operation over critical infrastructure facility
837.374	Reckless interference with aircraft

The statutory offenses listed in Section 7.02.010(A) of the Roseburg Municipal Code are hereby readopted as offenses against the City.

(Ord. 2936 § 1 (part), 1996; Ord. 3057 §§ 1 and 2 (part), 1999; Ord. 3103 § 1, 2002; Ord. 3130 § 1, 2003; Ord. 3159 § 1, 2004; Ord. No. 3305, § 1, 4-13-2009; Ord. No. 3346, § 1, 4-26-2010; Ord. No. 3374, § 1, 6-27-2011; Ord. No. 3404, § 1, 12-10-2012; Ord. No. 3429A, § 1, 7-28-2014; Ord. No. 3543, § 1, 12-14-2020)

§ 7.02.030 Drinking in public.

Unless otherwise authorized under this Section, no person shall consume alcoholic beverages or possess an open alcoholic beverage container in or on a public way, public property or private property open to the general public, unless such premises or location is licensed by the Oregon Liquor Control Commission (OLCC), or a special event or temporary sales license has been issued pursuant to this Section and the appropriate fee as established by Council resolution has been paid.

Applications for OLCC special events or temporary sales occurring on private property open to the general public need only be presented to the Police Chief who shall have authority to approve the application, approve the application with conditions or deny the application. The Police Chief's decision shall be final.

Applications for OLCC special events or temporary sales of alcohol conducted within a City-owned building on non-licensed public property must be submitted to the City Manager's Office at least 3 days prior to the event at which the alcoholic beverages will be dispensed. In addition to the OLCC license application, the applicant must also complete a "City of Roseburg Indoor Event Permit" application, which shall require the applicant to:

Possess, maintain throughout the event and show proof of, a liquor liability insurance policy (with the City listed as an additional insured) in an amount which at least matches the tort claims limit as set by statute for bodily injury or property damage for a single occurrence, resulting from the service and/or consumption of alcohol at the event;

Hold the City harmless, indemnify and defend the City from all claims resulting from the service and/or consumption of alcohol at the event;

Certify that each individual who will dispense alcohol at the event has completed an official OLCC server's training course and possesses a current OLCC server's permit; provided however, charitable or non-profit organizations with proof of having a Registry Number issued by the Secretary of State's Office may use volunteer servers who have:

Received training from the applicant and;

Read, signed and dated the OLCC brochure provided for such volunteer servers.

Limit all alcohol sales to beer and wine only; and

Comply with all local, state and federal laws, rules and regulations, including those relating to the sales and dispensing of alcohol.

Applications for OLCC special events or temporary sales of alcohol held in a City park or in an outside area which will require use or closure of any public right-of-way must be presented to the City Manager's Office at least 30 days prior to the event. In addition to the OLCC license application, the applicant must complete a "City of Roseburg Outdoor Event Permit" application, which, in addition to all of the conditions required for a "City of Roseburg Indoor Event Permit" as listed in the above Subsection C, shall require the applicant to:

Identify what streets, if any, will need to be closed during the event and where barricades, signs and traffic control personnel will be stationed;

Obtain and provide a copy of a Food Handler's License from the Douglas County Health Department if food is to be served at the event;

Obtain and provide a copy of a City loud speaker permit if live music or entertainment is to be provided at the event;

Provide written plans for trash removal and clean-up after the event; and

Comply with all local, state and federal laws, rules and regulations, including those relating to the sales and dispensing of alcohol.

The City Manager shall forward each OLCC application to the Police Chief for investigation of the applicant's background. The Police Chief may recommend approval of the OLCC application after finding the applicant has no history of violation of state or local laws that would place in question the applicant's ability to conduct the event consistent with the public health and safety. After having the application reviewed and approved by the Police Chief, the City Manager may approve the OLCC application, along with the City Temporary Event application; approve the applications with conditions or deny the applications.

An applicant aggrieved by a decision of the City Manager under this Section may appeal that decision to the City Council. A written appeal accompanied with the appeal fee set by Council resolution must be filed with the City Manager within 48 hours after notice of the City Manager's decision. The appeal shall briefly state the basis for the appeal and the relief sought. At its next regular meeting if it occurs at least seven days before the proposed event, the Council shall consider the appeal. If the proposed event is scheduled to occur sooner than the seven days described in the foregoing sentence, the Mayor may designate a panel of three Councilors to consider the appeal. The grievant shall be given at least 24 hours' advance notice of the meeting of the panel. The decision of the Council or the panel shall be final.

This Section does not apply to events sponsored by the City with City Council approval.

Violation of any condition required by the City Manager in endorsing an OLCC application for the dispensing of alcohol at an event, or approving a Temporary Event Permit, under this Section constitutes a violation.

(Ord. 2936 § 1 (part), 1996; Ord. 3086 § 1, 2000; Ord. No. 3366, § 1, 2-28-2011)

§ 7.02.040 (Reserved)

Editor's note(s)—Ord. No. 3305, § 2, adopted April 13, 2009, repealed § 7.02.040, which pertained to marijuana possession and derived from Ord. 3057 § 2 (part), 1999; Ord. 2936 § 1 (part), 1996. See also the Code Comparative Table and Disposition List.

§ 7.02.050 Public urination.

No person shall urinate or defecate in public view or in a public place other than a restroom.

(Ord. 2936 § 1 (part), 1996)

§ 7.02.060 Curfew.

No person under the age of eighteen years shall be in or on a street, sidewalk, park or other outdoor premises open to the public between the hours of midnight and six a.m. unless the minor is accompanied by a parent, guardian or other person twenty-one years of age or over who is authorized by the parent or by law to have care or custody of the minor, or unless the minor is engaged in a school activity or lawful employment which necessitates being in or on the streets, sidewalks, park or premises open to the public during the hours specified.

Any minor who violates this Section may be taken into custody as provided in ORS 419C.080, 419C.085 and 419C.088 and may be subjected to further proceedings.

No parent, guardian or person having the care and custody of a minor under the age of eighteen years shall allow such minor to be in or on any street, sidewalk, park or other outdoor premises open to the public between the hours of midnight and six a.m. unless the minor is accompanied by a parent, guardian or other person twenty-one years of age or over who is authorized by the parent or by law to have care or custody of the minor, or unless the minor is engaged in a school activity or lawful employment which necessitates being in or on the streets, sidewalks, park or premises open to the public during the hours specified.

(Ord. 2936 § 1 (part), 1996; Ord. 3057 § 2 (part), 1999)

§ 7.02.070 Unattended children in vehicles.

No person having custody or control of a child under ten years of age shall leave the child unattended in any vehicle on a public street or alley or parking area that is open to the public. For the purposes of this Section, to leave a child unattended means to leave a child without the custody or control of a person fourteen years of age or older.

(Ord. 2936 § 1 (part), 1996)

§ 7.02.080 Discharge of firearms.

For purposes of this Section "firearm" means any slingshot, crossbow, bow and arrow or weapon that acts by force of pressurized air, gas, gunpowder or other explosive.

Unless granted a firearms discharge permit by the Police Chief pursuant to this Section, no person other than a peace officer shall use, fire or discharge a firearm within the City or in a City-owned public park.

The Police Chief may grant an exemption to the above Subsection B by issuing a firearms discharge permit upon finding the permit applicant:

Has no violation of federal, state or local firearm regulations or violent offenses based on an acceptable review of the applicant's criminal record;

Agrees not to discharge the firearm in a location or manner that would endanger any person or property and reasonably assures the safety of all persons and property from such endangerment;

Indicates an acceptable purpose for wanting a permit to discharge the firearm and confirms that such purpose is in the public interest;

Agrees to abide by any conditions imposed by the Police Chief in approving the permit; and

Accepts liability for claims arising from any action resulting from the permit approval or the applicant's discharging of the firearm.

Upon approval by the Police Chief, a firearms discharge permit shall be issued upon payment of a fee set by Council resolution. Such permit shall be valid for a period of time determined by the Police Chief as necessary to address the purpose for the permit, but in no event to exceed one year. Renewal of such a permit shall be as provided for issuance of a new permit.

A firearms discharge permit shall be revoked if the Police Chief finds that the permittee has violated any provisions of this Section or any condition imposed in approving the permit, no longer qualifies for a permit under the terms of this Section or has discharged a firearm in such a manner as to pose a danger to other persons or property. Any revocation of a permit shall be effective immediately.

Any person whose application for a permit is denied or whose permit is revoked by the Police Chief may seek review of the denial or revocation by filing a written appeal with the City Manager not more than ten days after receiving notice of denial or revocation. The written appeal shall state:

The name and address of the appellant;

A description of the reasons the appellant desires a permit;

The reason given by the Police Chief for revoking or denying the permit; and

The reason the determination is incorrect.

The City Manager shall hear and determine the appeal on the basis of the appellant's written statement and any additional evidence the Manager deems appropriate. If the City Manager determines to take oral argument or evidence at the hearing, the appellant may present testimony and oral argument personally or by counsel. The rules of evidence as used by courts of law do not apply.

The appellant shall have the burden of proving the error in the Police Chief's determination.

The City Manager shall issue a written decision within twenty days of the hearing date.

Any person whose appeal has been denied may petition the City Council requesting it review the record in the proceedings before the Police Chief and City Manager. Such petition shall be in writing and filed with the City Manager not more than ten days after receiving the City Manager's decision. The petition shall specify the reasons why the City Manager's decision is erroneous and state the desired result.

Upon receiving a petition for review the Council may, in its sole discretion, decline to review the City Manager's decision, review the decision on the written record before it or invite oral argument before rendering a decision on the record. The decision of the Council is final.

(Ord. 2936 § 1 (part), 1996)

§ 7.02.090 Prohibited deposit of refuse.

Purpose and Definitions. The purpose of this Section is to prohibit individuals from dumping garbage, trash or any other sort of refuse in containers other than those provided for the use of or owned or controlled by the person disposing of the refuse. As used in this Section, the following words and phrases shall mean:

"Container"

shall include, but not be limited to, a trash can, dumpster, recycle bin or any other sort of receptacle located on public or private property and used for the purpose of disposing refuse.

"Generated on the premises"

means the refuse resulted from a person's lawful use of the premises.

"Property or premises"

means a public or private place where refuse is generated from a person's lawful use of the property or premises.

"Refuse"

shall include, but is not limited to, garbage, trash, solid or liquid waste, food, paper, cardboard, cans, bottles, plastic, rubber, metal, household waste, yard debris and any other sort of rubbish being disposed of.

Prohibited Deposit.

No person shall place, deposit or cause to be placed or deposited in a trash container provided by the City, any refuse not generated on the premises where the container is located.

No person shall cause rubbish, trash, debris or refuse of any kind to be placed in a dumpster, drop-box, garbage can or other container located on private property unless the person either owns or has authority to use the container or the container is provided for the use of the person.

Editor's note(s)—Ord. No. 3449, § 1, adopted July 27, 2015 changed the title of § 7.02.090 from Prohibited deposit of refuse in City-provided containers to read as herein set out.

(Ord. 2936 § 1, 1996; Ord. 3449 § 1, 2015)

§ 7.02.100 Prohibited camping.

As used in this Section:

"Camp" or "camping"

means to pitch, erect, create, use, or occupy campsites for the purpose of habitation, as evidenced by the use of camp materials.

"Campsite"

means a location upon City property where camping materials are placed.

"Camp materials"

include, but are not limited to, personal property, tarpaulins, cots, sleeping bags, blankets, mattresses, hammocks, or outdoor cooking devices and/or similar items that are, or reasonably appear to be, used as living accommodations.

"City property"

means any real property or structures owned, leased, or managed by the City, including public ways.

"Involuntarily homeless"

means a person who lacks access to adequate temporary shelter.

"Public way"

means any street, road, alley, right-of-way, pedestrian or bicycle easement, or utility easement for public use which is controlled by the City.

"Personal property"

means any item that can reasonably be identified as belonging to an individual and that has apparent value or utility.

Camping on public property not owned, leased or managed by the City of Roseburg is prohibited. Camping on private property for a time period longer than 48 consecutive hours is prohibited unless a permit is obtained through the Community Development Department. Involuntarily homeless individuals are not prohibited from sleeping and resting on City property, provided camping is occurring in compliance with the following time, place and manner regulations.

Time.

Unless otherwise specified, any camping or camp, where not prohibited, may only occur between the following hours:

Between November 1 and February 28 – five PM to eight AM

ii.

During the months of March and October – six PM to eight AM

iii.

Between April 1 and September 30 – eight PM to eight AM

Enforcement of time restrictions may be suspended by City Manager, Police Chief, or designee, for severe weather events or when an individual is engaged in case management or behavioral health services, or when necessary or appropriate to respond to an individual's disability or unique circumstances.

Place.

Camping is prohibited at all times in the following locations:

In or adjacent to any residentially zoned area or any properties legally residentially used regardless of zoning, and anywhere within 200 feet of a school or day care facility.

ii.

Anywhere between the Umpqua River Path and the South Umpqua River in that portion of the path east of Interstate 5 to Flint Street and any location within 10 feet of either edge of any multi-use path.

iii.

Anywhere between the edge of the water and 100 feet beyond the top of the stream bank of waterway excluding those portions of the South Umpqua River discussed above.

iv.

Any place where camping, a camp, or camp materials create a physical impediment to emergency or nonemergency ingress, egress or access to property, whether private or public, or on public sidewalks or other public rights-of-way, including, but not limited to, driveways providing access to vehicles, and entrances or exits from buildings and/or other real property.

Any vehicle lane, bicycle lane, or roundabout within any public right-of-way.

vi.

Immediately adjacent to any City-owned buildings, anywhere on airport property, or anywhere on or adjacent to water reservoir sites.

vii.

The Stewart Park natural area, encompassing that area of Stewart Park south of Garden Valley Boulevard south to the south end of the storm drainage detention ponds and wetland mitigation areas.

viii.

Within 200 feet of sport complexes and adjacent structures associated with those sports, including parking lots.

ix.

Within 200 feet of any play structure or playground equipment located on public property, or any park area being used with a park permit.

Any City owned properties leased to others, unless camping is the intended purpose of the lease, including, but not limited to, the Roseburg Area Chamber of Commerce building, Umpqua Valley Arts Center, Betty Long Unruh Theater, Umpqua United building, Stewart Park Golf Course and the adjacent grounds including parking lots.

xi.

The Downtown Parking Structure, the area between the parking structure and the adjacent buildings to the east and the walkway area between the parking structure and Jackson Street.

xii.

Any location that has been determined by the Fire Chief, Fire Marshal, or designee to constitute an elevated threat of fire at a particular time of the year.

Manner.

Camping, when and where not prohibited, is subject to all of the following:

Individuals, camp materials, camps, or personal property may not obstruct sidewalk accessibility or passage, clear vision areas, fire hydrants, City or other public utility infrastructure, or otherwise interfere with the use of the right-of-way for vehicular, pedestrian, bicycle, or other passage.

ii.

A camp or camping must be limited within a spatial footprint of 10 feet by 10 feet, or 100 square feet. The intent of this Section is to allow a person to sleep protected from the elements and maintain the essentials for living, while still allowing the use of public spaces as designed and intended.

iii.

Individuals may not build or erect structures, whether by using plywood, wood materials, pallets, or other materials. Items such as free standing tents and similar items used for shelter that are readily portable are not structures for purposes of this Section.

iv.

Obstruction or attachment of camp materials or personal property to fire hydrants, utility poles or other utility or public infrastructure, fences, trees, vegetation, vehicles, buildings, or pavilions is prohibited.

All camp materials and personal property must be contained within the tent or tent like structure except for one mobility device (bike, wheelchair, and etc.) per person may be stored outside. For the purpose of this Section, a bike with an attached bike trailer is considered one mobility device.

vi.

Individuals may not accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, or other items of no apparent utility in public rights-of-way, on City property, or on any adjacent public or private property.

vii.

Open flames, recreational fires, burning of garbage, bonfires, or other fires, flames, or heating deemed unsafe by the Roseburg Fire Department are prohibited.

viii.

Dumping of gray water (i.e., wastewater from baths, sinks, and the like) or black water (i.e., sewage) into any facilities or places not intended for gray water or black water disposal is prohibited. This includes, but is not limited to, storm drains, directly into waterways or onto the ground, which are not intended for disposal of gray water or black water.

ix.

Unauthorized connections or taps to electrical or other utilities, or violations of building, fire, or other relevant codes or standards, are prohibited.

Digging, excavation, terracing of soil, alteration of ground or infrastructure, or damage to vegetation or trees is prohibited.

xi.

All animals must be leashed or crated at all times.

xii.

All noise ordinances must be abided by at all times.

No recreational vehicle (RV) or vehicle shall be used or occupied on any tract of ground within the corporate limits of the City except as provided in this Section.

No person shall use or occupy any RV or campsite for more than 48 hours on the premises of any occupied dwelling or on any lot which is not part of the premises of any occupied dwelling, unless a permit therefor shall have been first obtained as prescribed in the Land Use and Development Regulations, nor shall any person permit such use or occupancy unless the occupant of the RV or camp has obtained a permit therefor.

Exception. Overnight use of a camping vehicle or RV as defined in ORS 446.310(2) shall be allowed outside of a permitted or authorized campground, without a permit, provided the following conditions exist and are complied with:

The subject location is within a General Commercial (C-3) zoning district and contains a developed permitted use pursuant to Roseburg Municipal Code Section 12.04.010;

The property owner or lessee registers the subject location with the community development department and no fee is charged to the users;

The subject location is not within 500 feet of a residential structure;

The length of stay is limited to 48 hours;

The camping vehicle or RV unit is self-contained;

Generators shall not be used between the hours of ten p.m. and six a.m.;

The area designated for overnight use is paved with an asphalt or concrete surface;

The owner of the property where the overnight parking occurs has obtained the necessary permits or licenses, if any are required, from other governmental agencies.

Violation of this Chapter shall be classified as a violation subject to a civil penalty. The remedies described in this section shall not be the exclusive remedies of the City for violations of this Chapter. This Chapter is to be interpreted consistent with the applicable state statutes and providing the protections required by state statutes.

(Ord. 2936 § 1, 1996; Ord. 3093 § 1, 2001; Ord. 3513 § 1, 2018; Ord. 3547 § 1, 2021; Ord. 3586 § 1, 2023)

§ 7.02.110 Prohibited jumping or diving.

No person shall jump or dive from any parking structure, bridge, viaduct, overpass, walkway, building or other elevated structure.

(Ord. 2936 § 1, 1996)

§ 7.02.120 Prohibited fireworks in Stewart Park.

No person shall display, use, explode or have exploded any fireworks within Stewart Park, without first obtaining a permit under Subsection C of this Section.

For purposes of this Section:

"Fireworks" includes any combustible or explosive composition or substance defined in ORS 480.110 without the exclusions described in ORS 480.110(1)(a),(b),(c) and (d); and includes combination item, cone fountain, cylindrical fountain, flitter sparkler, ground spinner, illuminating torch and wheel as defined in ORS 480.127(4). "Fireworks" does not include paper caps containing .25 grains or less of explosive compound.

"Fireworks activity" includes the display, use or explosion of any fireworks.

"Stewart Park" includes but is not limited to the Fir Grove Section of Stewart Park, the golf course, the duck pond and the nature area of Stewart Park.

Any person proposing to engage in fireworks activity in Stewart Park shall make application to the City Council for its action at least thirty days prior to the event at which the fireworks activity is to occur. The application shall be on a form provided by the City Manager and contain the following:

The name, address and telephone number of the applicant.

The location of the proposed fireworks activity and the steps to be taken to assure the safe use and explosion of the fireworks.

Evidence that the applicant has any necessary state permits or licenses.

Evidence of public liability insurance with coverage equal to or in excess of the governmental tort liability limits in state law.

A declaration if the applicant will charge admission or seek donations from attendees.

Such other information as the City Manager may require.

In reviewing and taking action upon an application for fireworks activity under this Section, the Council shall consider:

Whether the proposed location of the fireworks activity is suited for such activity;

The adequacy of the steps being taken to assure public safety and the avoidance of damage to the park and its facilities;

If the applicant has a history of violation of firework-related regulations;

The ability of the applicant to obtain the necessary liability insurance and any state permits or licenses; and

Any other factors the Council considers in the interest of the public health, safety and welfare, which factors it shall articulate.

The prohibitions of this Section shall not apply to City or state employees in the performance of their assigned duties.

Any fireworks in the possession of a person who engages in conduct which violates this Section are hereby declared a public nuisance and may be confiscated and/or destroyed.

(Ord. 2936 § 1, 1996; Ord. 3057 § 2, 1999)

§ 7.02.130 Use of all-terrain vehicles.

As used in this Section, "all-terrain vehicle" means an all-terrain vehicle of any class as defined in the Oregon Vehicle Code.

Except as permitted under Subsection C of this Section, no person shall drive an all-terrain vehicle within the City limits of the City or upon any property owned by the City.

This Section does not apply to:

A person driving an all-terrain vehicle on that person's own property;

A person driving an all-terrain vehicle on property owned by another, provided the driver has in his possession written permission from the property owner and shows the written permission upon the request of any public employee charged with enforcing this Section;

A public employee engaged in the necessary discharge of his official duty; and

A person driving an all-terrain vehicle as a necessary element of a bona fide business operation.

(Ord. 2936 § 1, 1996)

§ 7.02.140 Noise disturbances.

As used in this Section:

"Plainly Audible"

means the listener can clearly hear the sound produced by a sound source with unaided hearing faculties. Sounds which may be plainly audible include, but are not limited to, musical rhythms, musical bass, engine noises, spoken words or phrases even though not clearly discernable, and other vocal sounds.

No person shall make, continue, cause or permit to be made or continued, any noise disturbance as described herein. It is unlawful to make any excessive, unreasonable or unusually loud sound which disturbs the peace and quiet of any neighborhood or which injures or endangers the comfort, repose, health, peace or safety of any person. The following are declared to be noise disturbances in violation of this Section, but this enumeration is not exclusive:

Sound Producing or Reproducing Equipment.

Use of sound producing or reproducing equipment anywhere within the City between the hours of ten p.m. and seven a.m. that is plainly audible within a dwelling unit that is not the source of the sound.

Use of sound producing or reproducing equipment anywhere within the City between the hours of seven a.m. and ten p.m. that is plainly audible simultaneously within two separate dwelling units that are not the source of the sound.

Use of sound producing or reproducing equipment, at any time, on public property or on a public right-of-way so as to be plainly audible 100 feet or more from the source of the sound.

Use of sound producing or reproducing equipment, at any time on private property that is plainly audible 100 feet from the property's boundary line(s).

Sound producing or reproducing equipment includes, but is not limited to: any radio, television set, musical instrument, phonograph, stereo, loudspeaker, amplifier, public address system, horn, bell or chime.

Disturbances under this section must be the result of the volume, duration, location, timing or other factors, provided the basis in whole or in part is not the content of the communication.

Yelling, Shouting and Similar Activities, and Generation of Noise.

Yelling, shouting, hooting, whistling, singing, or similar activities, or generation of noise in residential or public places, between the hours of ten p.m. and seven a.m. that is plainly audible within a dwelling unit that is not the source of the sound.

Yelling, shouting, hooting, whistling, singing, or similar activities, or generation of noise anywhere within the City between the hours of seven a.m. and ten p.m. that is plainly audible simultaneously within two separate dwelling units that are not the source of the sound.

Yelling, shouting, hooting, whistling, singing, or similar activities, or generation of noise, at any time, on public property or on a public right-of-way so as to be plainly audible 100 feet or more from the source of the sound.

Yelling, shouting, hooting, whistling, singing, or similar activities, or generation of noise, at any time on private property that is plainly audible 100 feet from the property's boundary line(s).

Disturbances under this section must be the result of the volume, duration, location, timing or other factors, provided that the basis in whole or in part is not the content of the communication.

Motor Vehicles.

Parking a motor vehicle with the motor or auxiliary equipment in operation on a public right-of-way or on private property between the hours of ten p.m. and seven a.m., if the noise so produced is plainly audible within a dwelling unit.

Operating upon any highway any motor vehicle so as to cause any greater noise or sound than is reasonably necessary for the proper operation of the vehicle. In lieu of other sufficient evidence of a violation, evidence of an unreasonable noise or sound shall be sufficient if the noise or sound produced is audible simultaneously within two separate dwelling units in the vicinity.

This Subsection 3 shall not apply to the normal operation of vehicles designed and used for commercial transportation of passengers, or to other commercial vehicles being loaded or unloaded.

Commercial Construction Activities. Alteration, demolition, erection or repair of any structure or building, or development of, or improvements to, any real property in a manner so as to produce noise plainly audible within a dwelling unit in the proximity of such work as outlined herein. The intent of this Subsection 4 is to protect residential neighborhoods from excessive noise generated by commercial construction activities. It is not, however, intended to prohibit individual homeowners or occupants from performing home improvements, maintenance projects or similar activities on privately owned property within a residential neighborhood, except as limited elsewhere in this Code.

Residential zones and commercial zones adjacent thereto: Before seven a.m. and after seven p.m., Monday through Friday, before eight a.m. and after six p.m. on Saturday; or at any time on Sunday or any state or federal holiday;

Commercial zones not adjacent to a residential zone: Before seven a.m. and after nine p.m.

Home Equipment and Powered Tools. Use of powered tools and equipment for home maintenance or repair, or as part of a home occupation, or for lawn and garden maintenance, in a residential zone between the hours of ten p.m. and seven a.m., if the noise produced is plainly audible within a dwelling unit that is not the source of the noise. Powered tools and equipment for home use or lawn and garden maintenance include, but are not limited to power saws, sanders, grinders, trimmers, vacuums, mowers, blowers, air compressors and similar devices.

Exemptions. The following activities are exempt from the regulations set forth in this Section:

The use of emergency equipment required to protect life or property;

Any construction project or public improvement authorized by a government entity;

Reasonable use of public or private property or right-of-way to broadcast music or speech authorized by a loud speaker permit issued by the Police Chief upon payment of a loud speaker permit fee as set by Council resolution; and

Construction activity authorized by permit issued by the Community Development Director or designee when special circumstances beyond a contractor's control requires continuous work or work beyond the times authorized in Subsection B and the Community Development Director or their designee has approved the work due to such special circumstances.

Enforcement. The Police Chief or their designee shall evaluate complaints for reasonableness, and have the authority to administer and enforce the regulations set forth in Subsections (B)(1), (B)(2), (B)(3), (B)(4) and (B)(5). The Community Development Director or their designee and/or the Police Chief or their designee shall have the authority to administer and enforce the regulations set forth in Subsection B and may issue a stop work order demanding that any commercial construction activity found in violation of such regulations shall be stopped immediately upon receipt of such stop work order or citation.

(Ord. 2936 § 1, 1996; Ord. 3226 § 1, 2006; Ord. 3445 § 1, 2015; Ord. 3565 § 1, 2022; Ord. 3583 § 1, 2023)

§ 7.02.150 Tobacco vending machines accessible to persons under the age of eighteen.

Purpose. The purpose of this Section is to promote the health and welfare of the citizens of the City of Roseburg by limiting the availability of cigarettes and tobacco products to children under the age of eight-een years, through the means of restricting the placement of vending machines dispensing cigarettes or tobacco products.

Definitions. For the purposes of this Section, the words set out in this Section shall have the following meanings:

"Accessible to persons under the age of 18 years"

means, in reference to premises, that no prohibition exists to the entry upon premises, or a discrete portion of the premises, by persons who have not attained the age of eighteen years.

"Cigarette"

has the meaning set out in ORS 323.010(1).

"Tobacco products"

has the meaning set out in ORS 323.500(9).

"Tobacco vending machine"

means any self-service device offered for public use which, upon insertion of a coin, coins, currency or token, or by other means, dispenses cigarettes or any tobacco product, either in bulk or package, without the necessity of replenishing the device between each vending operation.

Tobacco Vending Machines Prohibited.

It shall be unlawful for any person in possession of any premises located within the City to place or allow to be placed on such premises any tobacco vending machine.

It shall be unlawful for any person who owns or controls a tobacco vending machine to place or allow to be placed such tobacco vending machine on premises within the City.

Exceptions. The prohibitions of the above Subsection C shall not apply to premises or to tobacco vending machines on premises that are:

Licensed by the Oregon Liquor Control Commission for on-premises consumption of alcoholic beverages and persons under the age of eighteen years are prohibited from entering;

Licensed by the Oregon Liquor Control Commission as a retail liquor store;

Maintained for the use of employees and not open to the public;

Not accessible to persons under the age of eighteen years;

Configured in a way that will allow a blind person as that term is defined in ORS 346.110(3), who has training and skills that enable the blind person to determine if a person obtaining cigarettes or any tobacco product from any tobacco vending machine is under eighteen years of age, and which blind person is in control of the tobacco vending machine.

Affirmative Defenses. In any prosecution for violation of the above Subsection C, it shall be an affirmative defense that the premises are not accessible to persons who are under 18 years of age.

(Ord. 2936 § 1, 1996; Ord. 3057 § 2, 1999)

§ 7.02.160 Motor assisted scooters sales.

It is unlawful for a merchant to sell a motor assisted scooter without making the following disclosures:

Motor assisted scooters cannot be operated at a speed greater than 15 mph.

You must be 16 years of age to operate a motor assisted scooter.

Anyone operating a motor assisted scooter must wear protective headgear.

Motor assisted scooters are prohibited on sidewalks.

Motor assisted scooters can only be operated on streets with speed limits of 25 mph or less in a bicycle lane.

Motor assisted scooters are prohibited on all City-owned off-street bicycle and pedestrian paths or trails.

A merchant who sells motor assisted scooters must post, in a prominent place at each location where motor assisted scooters are on display, a notice setting forth the above-listed restrictions on motor assisted scooter use and must provide a copy of such notice to each purchaser of a motor assisted scooter, either before or in connection with the purchase.

"Motor assisted scooter" means a vehicle that is designed to be operated on the ground with not more than three wheels; has handlebars and a foot support or a seat for the operator's use; can be propelled by motor or human propulsion; is equipped with a power source that is incapable of propelling the vehicle at a speed of greater than 24 miles per hour on level ground; and has a combustion engine power source with a piston or rotor displacement of 35 cubic centimeters or less regardless of the number of chambers in the power source or an electric power source that has a power output of not more than 1,000 watts.

(Ord. 3173 § 1, 2004)

§ 7.02.170 Unlawful smoking.

For the purposes of this Section, the following words and phrases shall have the following meanings:

"Electronic smoking device" (ESD)

means any electronic product that delivers nicotine or any other substance to the person inhaling from the device, including, but not limited to, an electronic cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic smoking device includes any component, part or accessory of such a product, whether or not sold separately. Electronic smoking device does not include drugs, devices, or combination products approved for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

"Electronic smoking cartridges or electronic smoking device liquid"

means the part or accessory to an electronic smoking device that is heated, atomized, vaporized or through some other process, using an ESD, becomes airborne to facilitate inhalation of the product or its byproducts.

"Smoke" and "smoking"

mean inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, weed, plant, or other tobacco like product or substance in any manner or in any form. "Smoke" and "smoking" also include the use of an electronic smoking device which creates an aerosol, in any manner or in any form. A lighted smoking instrument includes an activated or "switched on" electronic smoking device.

A person commits the offense of unlawful smoking if the person does any of the following:

Smokes within the boundaries of any of the following City of Roseburg-owned public parking lots or on any public sidewalk adjacent thereto:

The "Phillips" lot at 840 SE Stephens;

The old "Shalimar" lot at 734 SE Stephens;

The "Rose/Cass" lot at 727 SE Rose;

The "Flegel" lot at 1071 SE Washington;

The parking structure at 551 SE Rose;

The "Library" parking lot at 1409 NE Diamond Lake Blvd.;

The "Employee" parking lot at Court Street

Smokes on public park property as outlined in the Parks Rules and Regulations, except for Stewart Park Golf Course.

Smokes on any sidewalk, street, driveway, parking area or alley adjacent to any City park except for Stewart Park Golf Course.

Smokes on Jackson Street and Main Street with a boundary on the north at Douglas Avenue and to the south at Lane Avenue, including all adjacent cross streets, during community events in downtown Roseburg.

Unless otherwise prohibited by City Code, this Section shall not apply to any persons lawfully smoking in a privately owned residence or entirely within an enclosed privately owned motor vehicle.

Smoking of noncommercial tobacco products for ceremonial purposes is permitted in spaces designated for traditional ceremonies in accordance with the American Indian Religious Freedom Act, U.S.C. 1996.

Violation of this Section shall be classified as a violation.

(Ord. 3473 § 1, 2016; Ord. 3511 § 1, 2018; Ord. 3542 § 1, 2020)