Provisions of the "Oregon Criminal Code of 1971," ORS 161, 162,
163, 164, 165, 166 and 167 as the same now exists or may hereafter
be amended are hereby adopted as the rules, regulations and penalties
of the City of Yamhill as it may relate to general offenses generally.
(Ord. 361 §1, 1985; Ord. 430 §1, 1998)
No person shall drink or consume alcoholic liquor in or upon
a street, alley, mall, parking lot or structure, motor vehicle, public
grounds or other public place unless such place has been licensed
for that purpose by the Oregon Liquor Control Commission. Violation
of this section is considered to be an unclassified misdemeanor.
(Ord. 361 §2, 1985; Ord. 430 §1, 1998)
(A)
No
person under 18 years of age shall enter, visit, or loiter in or about
a public cardroom, poolroom or billiard parlor.
(B)
No
person operating or assisting in the operation of a public cardroom,
poolroom, billiard parlor or public place of amusement shall permit
a person under 18 years of age to engage therein in any game of cards,
pool, billiards, dice, darts, pinball; games of like character; or
games of chance, either for amusement or otherwise.
(C)
This
section shall not apply to the playing of billiards or pool in a recreational
facility. As used in this section, a "recreational facility" means
an area, enclosure or room in which facilities are offered to the
public to play billiards or pool for amusement only, and
(D)
Violation
of this section is considered to be an unclassified misdemeanor.
(Ord. 361 §3, 1985; Ord. 430 §1, 1998)
(A)
No
minors 14 years of age or younger shall be in or upon any street,
highway, park, alley or other public place between the hours of 10:00
p.m. and 6:00 a.m. of the following morning, unless:
(1)
Such minor is accompanied by a parent, guardian or other person 21
years of age or over and is authorized by the parent or by law to
have care and custody of the minor;
(2)
Such minor is then engaged in a lawful pursuit or activity which
requires the presence of the minor in such public places during the
hours specified in this section.
(B)
No
minor between the ages of 15 and 17 shall be in or upon any street,
highway, park, alley or other public place between the hours of 11:00
p.m. and 5:00 a.m. of the following morning, unless:
(1)
Such minor is accompanied by a parent, guardian or other person 21
years of age or over and is authorized by the parent or by law to
have care and custody of the minor;
(2)
Such minor is then engaged in a lawful pursuit or activity which
requires the presence of the minor in such public places during the
hours specified in this section; or
(3)
The minor is emancipated pursuant to ORS 109.550 to 109.565.
(Ord. 396 §1, 1991; Ord. 430 §1, 1998)
(A)
A
person commits the offense of failing to supervise a child if the
person is the parent, lawful guardian or other person lawfully charged
with the care or custody of a child under 18 years of age and the
child:
(1)
Commits an act that brings the child within the jurisdiction of the
juvenile court under ORS 419.005;
(2)
Violates the curfew ordinance of the City;
(3)
Fails to attend school as required under ORS 339.010;
(4)
Allows the child to keep stolen property or controlled substances,
as defined by State of Oregon law, which are obtained without a legal
prescription;
(5)
Allows or permits such person's property or rented premises to be
used for, or fails to take reasonable steps to prevent a gathering
of persons under the age of 21 at which alcohol or other illegal substances
is available to those at such gathering.
(B)
Nothing
in this section applies to a child-caring agency as defined in ORS
418.205 or to foster parents.
(C)
In a prosecution of a person for failing to supervise a child under subsection (A)(1) of this section, it is an affirmative defense that the person:
(D)
In a prosecution of a person for failing to supervise a child under subsection (A) of this section, it is an affirmative defense that the person took reasonable steps to control the conduct of the child at the time the person is alleged to have failed to supervise the child.
(E)
In a prosecution of a person for failing to supervise a child under subsection (A)(1) of this section, the Municipal Court may order the person to pay restitution under ORS 137.103 to 137.109 to a victim for pecuniary damages arising from the act of the child that brings the child within the jurisdiction of the juvenile court. The amount of restitution ordered under this subsection may not exceed $2,500.00.
(F)
If
a person pleads guilty or is found guilty of failing to supervise
a child under this section and if the person has not previously been
convicted of failing to supervise a child, the court:
(G)
If
a person pleads guilty or is found guilty of failing to supervise
a child under this section and if the person has only one prior conviction
for failing to supervise a child, the court, with the consent of the
person, may suspend imposition of sentence and order the person to
complete a parent effectiveness program approved by the court. Upon
the person's completion of the parent effectiveness program to the
satisfaction of the court, the court may discharge the person. If
the person fails to complete the parent effectiveness program to the
satisfaction of the court, the court may impose a sentence authorized
by this section. There may be only one suspension of sentence under
this subsection with respect to a person.
(H)
Failing
to supervise a child is an offense punishable by a fine of not more
than $1,000.00, a portion of which may be assessed as a restitution
charge to defray the reasonable costs incurred by the enforcement
agency responding to the violation.
(Ord. 463 §1, 2001)
Any minor found in violation of this chapter may be taken into
temporary custody or in lieu of custody, a citation to appear in the
Juvenile Court of the County may be issued pursuant to ORS 419.569
to 419.573.
(Ord. 396 §1, 1991; Ord. 430 §1, 1998)
No person shall, being less than a certain specified age, knowingly
represent him/herself to be of any age other than his/her true age
with the intent of securing a right, benefit or privilege which by
law is denied to persons under that certain specified age. Violation
of this section is considered to be an unclassified misdemeanor.
(Ord. 361 §5, 1985; Ord. 430 §1, 1998)
No person shall obstruct any entrance to any building or loiter
unnecessarily about or near any entrance, stairway or hall leading
to any building. Violation of this section is considered to be an
unclassified misdemeanor.
(Ord. 361 §6, 1985; Ord. 430 §1, 1998)
No owner or person in charge of a property shall permit a cellar,
door, or grate located in or upon a sidewalk or public pathway to
remain open except when such entrance is being used and, when being
used, there are adequate safeguards for pedestrians using the sidewalk.
Violation of this section is considered to be an unclassified misdemeanor.
(Ord. 361 §7, 1985; Ord. 430 §1, 1998)
No owner of property adjacent to a street upon which a fire
hydrant is located shall place or maintain within eight feet of such
fire hydrant any bush, shrub or tree or other obstruction. Violation
of this section is considered to be an unclassified misdemeanor.
(Ord. 361 §8, 1985; Ord. 430 §1, 1998)
No person shall use or occupy any portion of a street or sidewalk
for the purpose of vending goods, wares or merchandise by public outcry
or otherwise unless a license has first been obtained. Violation of
this section is considered to be an unclassified misdemeanor.
(Ord. 361 §9, 1985; Ord. 430 §1, 1998)
(A)
"Occult
arts" means the use or practice of fortune telling, astrology, phrenology,
palmistry, clairvoyance, mesmerism, spiritualism, or any other practice
or practices generally recognized to be unsound and unscientific whereby
an attempt or pretense is made:
(B)
No
person shall for hire or profit engage in the practice of occult arts,
either public or private.
(C)
Nothing
in this section shall be construed to prohibit or prevent:
(1)
A duly organized and recognized religious organization which promulgates
religious teachings or beliefs involving spiritualism or similar media
from holding its regular meetings or services.
(2)
A school, church, fraternal, charitable or other benevolent organization
from utilizing occult arts for a bazaar or other money-raising project,
provided that all money so received is devoted exclusively to the
organization sponsoring the affair. In such case, the money so received
shall be considered as a donation for benevolent and charitable purposes.
(D)
Violation
of this section is considered to be an unclassified misdemeanor.
(Ord. 361 §10, 1985; Ord. 430 §1, 1998)
A person commits the offense of unauthorized camping if found
in violation of the following provisions.
(A)
"Camp" or "camping"
"Campsite"
"Camp facilities"
"Camp paraphernalia"
"City property"
"Designated temporary campsite"
"Family"
"Motor vehicle"
"Parking lot"
"Prohibited campsite"
"Public property"
"Recreational vehicle"
"Store" or "storage"
"Street"
"Park areas"
Definitions. As used in this section,
the following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:
means to pitch, erect, create, use, or occupy camp facilities
for the purposes of habitation, as evidenced by the use of camp paraphernalia.
means any place where one or more persons have established
temporary sleeping accommodations by use of camp facilities and/or
camp paraphernalia.
include, but are not limited to, tents, huts, temporary shelters,
or motor vehicles.
includes, but is not limited to, tarpaulins, cots, beds,
sleeping bags, blankets, mattresses, hammocks, or non-city designated
cooking facilities and similar equipment.
means any real property or structures owned, leased or managed
by the City, including public rights-of-way.
means a campsite that is authorized by this section.
means two or more persons related by blood, marriage, adoption,
legal guardianship, or other duly authorized custodial relationship,
or not more than two unrelated adults.
has the meaning set forth in ORS 801.360, and for the purposes
of this section, includes recreational vehicles.
means a developed location that is designated for parking
motor vehicles, whether developed with asphalt, concrete, gravel,
or other material.
means any campsite:
means any City property and also property owned by the Yamhill-Carlson
School District, Yamhill Fire District, Yamhill County, State of Oregon,
or any other public agency including rights-of-way.
has the meaning set forth in Oregon Revised Statutes.
means to put aside or accumulate for use when needed, to
put for safekeeping, to place or leave in a location.
means any highway, lane, road, street, right-of-way, alley,
and every way or place in the City of Yamhill that is publicly owned
or maintained for public vehicular travel.
means any City park identified as such in the City Parks
Master Plan adopted November 4, 2014.
(B)
Lodging
in Public. No person shall use any vehicle, trailer, or other recreational
vehicle for lodging purposes upon private or public parking lots except
as provided by ordinance of the City or by permission of the City
Council.
(C)
Camping
Prohibited in Certain Areas. Except as expressly authorized by the
Yamhill Municipal Code, it is always unlawful for any persons to establish
or occupy a campsite on the following public property:
(D)
Except
as expressly authorized by the Yamhill Municipal Code, it is unlawful
for any person or family to camp or maintain a campsite on any City
property or right-of-way during the hours of 6:30 a.m. to 9:30 p.m.
(E)
Except
as expressly authorized by the Yamhill Municipal Code, it is unlawful
for any person or family to store personal property, including camp
facilities and camp paraphernalia, on any City property or right-of-way
during the hours of 6:30 a.m. to 9:30 p.m.
(F)
Notwithstanding
the provisions of this section, the City Council or designee may temporarily
authorize camping or storage of personal property on City property
in a designated temporary campsite by written order that specifies
the period of time and location:
(Ord. 536 §1, 2022)
Where permitted by Oregon law, an act made unlawful by this
chapter shall constitute an offense when committed on any property
owned or leased by the City, even though outside the corporate limits
of the City.
(Ord. 361 §11, 1985; Ord. 430 §1, 1998)
No person shall solicit, aid, abet, employ or engage another,
or confederate with another, to violate a provision of this or any
other regulation of the City.
(Ord. 361 §12, 1985; Ord. 430 §1, 1998)
A person who shall attempt to commit any of the offenses mentioned
in this chapter or any regulation of the City, but who for any reason
is prevented from consummating such act, shall be deemed guilty of
an offense.
(Ord. 361 §13, 1985; Ord. 430 §1, 1998)
Whenever in this chapter, or any title of the City Code, an
act is prohibited or is made or declared to be unlawful or an offense,
or the doing of an act is required, or the failure to do an act is
declared to be unlawful or an offense, each day a violation continues
shall constitute a separate offense.
(Ord. 361 §14, 1985; Ord. 430 §1, 1998)
No provisions in this chapter shall preclude the abatement of
a nuisance as provided in the general nuisance regulations of the
City.
(Ord. 361 §15, 1985; Ord. 430 §1, 1998)
When a person is convicted of an offense under the laws of the
City, is adjudged to pay a fine and costs, and fails to pay the fine
and costs, the municipal judge may collect the fine by sentencing
such person to labor on the streets or on other public works, to accommodate
such fine unpaid in accordance with the City's schedule of fees and
penalties as approved through resolution of the City Council. Persons
so fined and sentenced to labor shall be under the direction of the
proper authorities.
(Ord. 361 §16, 1985; Ord. 430 §1, 1998; Ord. 446 §16, 1998)
In all cases of conviction for any of the offenses mentioned
in this chapter when the penalty fixed by the court is confinement
in the City or county jail for any term, the court additionally may
order that such convicted person, during the term of imprisonment,
labor upon the streets or public works of the City under the direction
of the property authorities.
(Ord. 361 §17, 1985; Ord. 430 §1, 1998)
The sections and subsections of this chapter are severable.
The invalidity of any one section or subsection shall not affect the
validity of the remaining sections or subsections.
(Ord. 361 §18, 1985; Ord. 430 §1, 1998)
Provisions of the Oregon Criminal Code of 1971, as the same
now exists or may hereafter be amended, relating to defenses and burden
of proof, general principles of criminal liability, parties and general
principles of justification shall apply to offenses defined and made
punishable by this chapter.
(Ord. 361 §19, 1985; Ord. 430 §1, 1998)
(A)
Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.
(B)
The
penalties imposed by this chapter are not exclusive and are in addition
to any other remedies available under City ordinance or State statute.
(Ord. 445 §15, 1998)
(A)
It
is unlawful for a person to knowingly fail to provide the person's
name and date of birth to a peace officer having probable cause to
believe that the person has committed a violation. As used in this
chapter, "violation" means an offense described in ORS 153.008.
(Ord. 526 §1, 2019)
