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
(1) 
Which is clean, adequately supervised, adequately lighted, and ventilated;
(2) 
In which no alcoholic liquor is sold or consumed; and
(3) 
Access to which does not require passing through a room where alcoholic liquor is sold or consumed.
(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:
(1) 
Is the victim of the act that brings the child within the jurisdiction of the juvenile court; or
(2) 
Reported the act to the appropriate authorities.
(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:
(1) 
May warn the person of the penalty for future convictions of failing to supervise a child and may suspend imposition of sentence;
(2) 
May not order the person to pay restitution under this section.
(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)
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:
(1) 
To reveal or analyze past incidents or events.
(2) 
To analyze or define the character or personality of a person.
(3) 
To foretell or reveal the future.
(4) 
To locate by such means lost or stolen property.
(5) 
To give advice or information concerning any matter or event.
(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) 
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:
"Camp" or "camping"
means to pitch, erect, create, use, or occupy camp facilities for the purposes of habitation, as evidenced by the use of camp paraphernalia.
"Campsite"
means any place where one or more persons have established temporary sleeping accommodations by use of camp facilities and/or camp paraphernalia.
"Camp facilities"
include, but are not limited to, tents, huts, temporary shelters, or motor vehicles.
"Camp paraphernalia"
includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non-city designated cooking facilities and similar equipment.
"City property"
means any real property or structures owned, leased or managed by the City, including public rights-of-way.
"Designated temporary campsite"
means a campsite that is authorized by this section.
"Family"
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.
"Motor vehicle"
has the meaning set forth in ORS 801.360, and for the purposes of this section, includes recreational vehicles.
"Parking lot"
means a developed location that is designated for parking motor vehicles, whether developed with asphalt, concrete, gravel, or other material.
"Prohibited campsite"
means any campsite:
(a) 
Described in this section; or
(b) 
Not authorized under the Yamhill Municipal Code.
"Public property"
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.
"Recreational vehicle"
has the meaning set forth in Oregon Revised Statutes.
"Store" or "storage"
means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
"Street"
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.
"Park areas"
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:
(1) 
All park areas;
(2) 
All publicly owned or maintained parking lots;
(3) 
All public property located within an area zoned for residential use; and
(4) 
All public property owned by Yamhill County and located within the City of Yamhill.
(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:
(1) 
In the event of emergency circumstances;
(2) 
In conjunction with a special event permit; or
(3) 
Upon finding it to be in the public interest and consistent with Council policies.
(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)
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.
(B) 
A person who violates subsection A of this section commits a violation as described in ORS 153.008 punishable as provided in Chapter 1.36 of the Yamhill Municipal Code.
(Ord. 526 §1, 2019)