It is the intention of this chapter to make the prosecution of and the applicable penalty for all criminal misdemeanors and violations match as closely as possible those provided under state law.
(Ord. 464 § 1, 1981)
This chapter shall be known as the "Philomath criminal misdemeanor and violation ordinance."
(Ord. 464 § 2, 1981)
In addition to those definitions contained in the Oregon Criminal Code of 2014, adopted by reference and made a part of this chapter, the following words or phrases, except where the context clearly indicates a different meaning, shall mean:
means any attempt to delay, impede, or prevent action.
means to interpose in a way that hinders or impedes.
means to hinder from passage, action, or operation.
(Ord. 464 § 3, 1981; Ord. 621 § 1, 1994; Ord. 694 § 1, 2000; Ord. 736 § 1, 2006; Ord. 790 § 1, 2014)
The criminal procedures applicable to the prosecution of misdemeanors and violations contained in the Oregon Revised Statutes as constituted on January 2, 2014, are adopted by reference and made a part of this chapter, and all references therein to "district attorney" shall include the city attorney. This shall include those provisions relating to defenses and burden of proof, general principles or criminal liability, parties, and general principles of justification.
(Ord. 464 § 4, 1981; Ord. 532 § 1, 1986; Ord. 552 § 1, 1987; Ord. 604 § 1, 1991; Ord. 621 § 2, 1994; Ord. 646, 1996; Ord. 694 § 1, 2000; Ord. 736 § 1, 2006; Ord. 790 § 2, 2014)
Each and every misdemeanor and violation made an offense against the state of Oregon under the provisions in ORS Chapters 161 through 169; 419(A), (B), and (C); 471; and 475, as constituted on January 2, 2014, are adopted by reference and made a part of this chapter, and designated an offense against the city of Philomath. A person who violates any one of those provisions within the jurisdiction of the city of Philomath is in violation of this chapter and may be charged with the offense of violating this section and reference shall be made in the charging instrument to that particular section of the Oregon Revised Statutes, as incorporated by reference, which has been violated. In the event that any other section of this chapter or any other ordinance creates a specific misdemeanor or violation offense in conflict with a misdemeanor or violation offense herein incorporated by reference, the provisions of the specific ordinance misdemeanor or ordinance violation offense shall govern.
(Ord. 464 § 5, 1981; Ord. 532 § 2, 1986; Ord. 552 § 2, 1987; Ord. 604 § 2, 1991; Ord. 621 § 3, 1994; Ord. 646, 1996; Ord. 694 § 1, 2000; Ord. 736 § 1, 2006; Ord. 790 § 3, 2014)
A.
Disorderly Conduct at Fires. No person at or near a fire shall obstruct or hinder the fighting of the fire, interfere with emergency personnel or apparatus, behave in a disorderly manner or refuse to promptly observe an order of a member of the fire or police department.
Violation of this subsection shall be punishable as a Class B misdemeanor.
B.
False Reports.
1.
No person shall knowingly initiate, or cause to be initiated, a false alarm or report which is transmitted to a fire department or law enforcement agency or other organization that deals with emergencies involving danger to life or property.
2.
No person shall knowingly make or file with the police department or with the city attorney or with a police officer a false, misleading, or unfounded statement or report concerning the violation or alleged violation of a city ordinance or the commission or alleged commission of a crime.
Violation of this subsection shall be punishable as a Class C misdemeanor.
C.
Obstructing a Police Officer. A person commits the crime of obstructing a police officer if that person intentionally or knowingly interferes with or obstructs another person, knowing the other person to be a police officer and while such other person is acting in the course of official duty.
Violation of this subsection shall be punishable as a Class A misdemeanor.
D.
Providing False Information to a Police Officer. A person commits the crime of providing false information to a police officer if that person, intentionally or knowingly uses a false or fictitious name, intentionally or knowingly gives a false or fictitious address or intentionally or knowingly gives a false date of birth to another person, knowing the other person to be a police officer while the police officer is investigating any violation of any city ordinance or state statute.
Violation of this subsection shall be punishable as a Class B misdemeanor.
E.
Interference with Police or Fire Communications. No person shall knowingly operate any generator, transmitter, or electric or magnetic wave or cause the disturbance of such magnitude as to interfere with the proper functioning of any police or fire department radio communication system.
Violation of this subsection shall be punishable as a Class A misdemeanor.
F.
Obstruction or Tampering with Fire Hydrants. No owner or occupant of property adjacent to a street upon which is located a fire hydrant shall place or maintain within eight feet of such fire hydrant any bush, shrub, tree, or other obstruction. It shall be unlawful for any unauthorized person to tamper with a fire hydrant.
Obstructing a fire hydrant shall be a violation. Tampering with a fire hydrant shall be a Class B misdemeanor.
G.
Vending Goods on Streets or Sidewalks. 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 written permit has been first obtained from the city council.
Violation of this subsection shall be punishable as a Class C misdemeanor.
H.
Begging. No person shall accost another in a public place for the purpose of soliciting money or any other thing of value.
Violation of this subsection shall be punishable as a Class C misdemeanor.
I.
Posted Notices. No person shall affix a sign, placard, bill or poster upon personal or real property, private or public, without first obtaining permission from the owner thereof or from the proper public authority. Permission for use of public property for placement of signs must be in writing.
Violation of this subsection shall be punishable as a Class C misdemeanor.
J.
Drinking Alcoholic Beverage in Public Place. No person shall dispense or consume alcoholic liquor in a public place, to wit, in a street, alley, mall, parking lot or structure, motor vehicle, public grounds, or in any room or building used for public dancing, or other places open to the public unless such place has been licensed for that purpose by the Oregon Liquor Control Commission and a permit has been obtained from the chief of police. No premises licensed by the Oregon Liquor Control Commission shall serve alcoholic liquors without either:
1.
First screening from public view the place where the alcohol is to be served and consumed; or
2.
First receiving a permit to allow the dispensing and consumption of alcoholic liquor in a public place without screening from the chief of police. The fee for such permit shall be set by the city council.
3.
Notwithstanding that the Oregon Liquor Control Commission does not provide a license for the consumption of alcoholic liquor in a city park, the consumption of alcoholic liquor in a city park shall be prohibited unless a permit therefor has been received from the chief of police. The fee for such permit shall be set by the city council.
Violation of this subsection shall be punishable as a Class C misdemeanor.
K.
Lawful Hours of Sale of Liquor. No licensed package store, restaurant, tavern, or bar shall sell, dispense, deliver or allow the consumption of any alcoholic liquor on any licensed premises or permit the removal of any alcoholic liquor from any licensed premises between the hours of 2:30 a.m. and 7:00 a.m.
Violation of this subsection shall be punishable as a Class C misdemeanor.
L.
Selling or Pledging Property of Intoxicated Persons. No person shall purchase property from any person who is in an intoxicated condition or under the influence of any narcotic drug, or advance or loan money to such persons or have any dealing with any such person respecting the title to property.
Violation of this subsection shall be punishable as a Class A misdemeanor.
(Ord. 464 § 6, 1981; Ord. 532 §§ 3, 4, 5, 9, 1985; Ord. 571 § 1, 1989; Ord. 621 § 4, 1991; Ord. 814 § 1, 2016)
A.
Endangering the Welfare of a Minor. In addition to the provisions of ORS 163.575, a person commits the crime of endangering the welfare of a minor if the person knowingly:
B.
Public Indecency. No person shall, while in or in view of a public place, perform:
1.
An act of sexual intercourse;
2.
An act of deviate sexual intercourse;
3.
An act of exposing the genitals with the intent of arousing the sexual desire of himself or another person; or
4.
An act of urination or defecation, except in toilets provided for that purpose.
Violation of this subsection shall be punishable as a Class A misdemeanor.
C.
Violating the Privacy of Another. No person other than a peace officer performing a lawful duty shall enter upon land or into a building used in whole or in part as a dwelling not his own without permission of the owner or person entitled to possession thereof, and while so trespassing, look through or attempt to look through a window, door or transom of the dwelling or that part of the building used as a dwelling with the intent to violate the privacy of any other person.
Violation of this subsection shall be punishable as a Class B misdemeanor.
D.
Unlawful Discharge of Weapons.
1.
Except at ranges approved by the chief of police or city council, no person other than a peace officer shall fire or discharge a firearm, including spring or air actuated pellet guns or BB guns, rockets, archery equipment, or any other weapon which propels a projectile by use of gunpowder, explosive or flammable liquid fuel, or any sling shot, wrist rocket or similar device designed or used to discharge a projectile within the city limits of Philomath.
2.
Nothing in subsection (D)(1) of this section shall prevent any person from defending his life or the life of another, or his property or the property of another, within the limitations set by Oregon statutes.
3.
Any weapon or device used in committing a violation of this subsection shall be confiscated by police and, upon conviction, may be forfeited to the city of Philomath by order of the municipal court judge.
Violation of this subsection shall be punishable as a Class A misdemeanor.
E.
Misrepresentation of Age or Status. No person shall, being less than a certain, specified age, knowingly represent himself to be of any age other than his true age with the intent of securing a right, benefit or privilege which by law is denied to persons under that certain age.
Violation of this subsection shall be punishable as a Class C misdemeanor.
F.
Unlawful Communication.
1.
No person shall communicate with another person with intent to harass, annoy, or alarm that other person anonymously or otherwise, by telephone, mail or other form of written communication to:
2.
No person shall use or cause to be used any telephone with the intent to harass, annoy or alarm any person by means of a series of two or more calls during which the caller makes no intelligible communication.
Violation of this subsection shall be punishable as a Class C misdemeanor.
(Ord. 464 § 7, 1981; Ord. 475 § 1, 1982; Ord. 532 § 6, 1985; Ord. 574 § 15, 1989; Ord. 582A § 19, 1990; Ord. 621 § 5, 1994)
A.
Occult Arts.
1. "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:
2.
No person shall for hire or profit engage in the practice of occult arts, either public or private, but no charge shall issue under this subsection unless upon the complaint of a person who has thereby suffered physical or mental injury or monetary damage in excess of $50.00.
3.
Nothing in this section shall be construed to prohibit or prevent:
a.
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.
b.
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.
Violation of this subsection shall be punishable as a Class C misdemeanor.
B.
Places of Amusement.
1.
Definitions.
a. "Games of amusement"
shall be defined as pinball, pool, billiards, and electronic amusement devices.
b.
An "arcade" is defined as any area, enclosure or room open to minors where five or more games of amusement are in operation to earn a profit for the owner or operator of the games or establishment.
2.
a.
No person owning or having charge of any game of amusement available to the public shall permit a person under 18 years of age to operate or play, until after 3:00 p.m., any game of amusement on days Philomath schools are in session and shall not permit a person under 18 years of age to operate or play any game of amusement after the hours of curfew as specified by Philomath ordinance.
b.
No person shall make any game of amusement available to the public without first obtaining a permit to operate such game from the city of Philomath.
3.
In addition to complying with subsection (B)(2) of this section, the operator of an arcade must:
a.
Not allow the sale, consumption, or possession of alcoholic beverages or illegal drugs on the premises; and
b.
Maintain order at all times by providing adequate supervision. For the purpose of this subsection, adequate supervision means at least one adult employee shall be physically present on the premises for every 40 customers, or fraction thereof.
4.
An exemption from the provisions of this subsection may be made by the city council.
Violation of this subsection shall be punishable as a Class C misdemeanor.
C.
Second-Hand Merchandise.
1.
Every "used merchandise dealer" shall keep records of all used merchandise valued at $25.00 or more which is purchased or taken in on loan or consignment or sold. A "used merchandise dealer" is a person or business that devotes all or a part of his, her or its business to the collection, purchase, exchange or sale of used articles or the lending of money on the security of used articles. This definition shall not apply to persons dealing exclusively in automobiles, farm implements and machinery, books, or to any business which sells, buys or takes in trade used articles incidental to the sale of new articles or merchandise. The records shall include the general description of the item, brand, name, value, size, color, serial number, model number, and the name, address, telephone number, date of birth of the customer, and the customer's vehicle license number. Such records shall be maintained on forms supplied by the Philomath police department and shall be completed at the time of the transaction, and said records shall be kept by the "used merchandise dealer" for a period of time of one year after the date of the transaction.
2.
Every person delivering for sale, loan, or consignment any item to a "used merchandise dealer" shall provide to the operator or the operator's agent or employee adequate identification at the time of the transaction so as to positively establish his or her identity.
3.
The records described in subsection (C)(1) of this section shall be made in triplicate at the time of the transaction. The third (pink) copy shall be given to the customer; the second (yellow) copy shall be maintained by the merchant; and the original (white) sheet shall be delivered by the merchant to the Philomath police department between the first and tenth day of each month. Officers of the police department may inspect the merchant's copies of the transaction forms at any time during normal business hours.
4.
The provisions of this section shall not apply to periodic sales by individuals of used merchandise at garage sales, yard sales, or other similar activities, or to sales sponsored by recognized nonprofit charitable organizations. Such exclusion shall not apply, however, if either of the following conditions is met:
5.
The city council may, upon request, exempt any operator of any business from the provisions of this section by a majority vote.
Violation of this subsection shall be punishable as a Class B misdemeanor.
(Ord. 464 § 8, 1981; Ord. 475 §§ 2, 3, 1982; Ord. 499 § 1, 1983; Ord. 532 § 7, 1985; Ord. 558 § 1, 1988; Ord. 621 § 6, 1994; Ord. 774 § 1, 2011)
A.
Offenses Outside of the City Limits. 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.
B.
Separate Violations. Whenever in this chapter, or any ordinance of the city of Philomath, 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 is continued after notification shall constitute a separate offense.
C.
Classes of Offenses and Penalties. Those provisions of the Oregon Revised Statutes, as constituted on January 2, 2014, creating and designating classes of offenses, provisions for the disposition of offenders and provisions for authority of the sentence in court, be and hereby are adopted by reference and incorporated herein. Any special offense set forth in this chapter which is classified in the section defining the offense shall be punishable as so classified. Any special offense shall be processed and sentenced as a Class A misdemeanor and is punishable by a fine not to exceed $6,250 or imprisonment not to exceed 365 days or by both such fine and imprisonment; provided, however, if there is a violation of any provision identical to a state statute with a lesser penalty attaching, punishment shall be limited to the lesser penalty prescribed in the state law.
D.
Nuisance Abatement. No provision in this chapter shall preclude the abatement of a nuisance as provided in any other city of Philomath ordinances.
(Ord. 464 § 9, 1981; Ord. 532 § 8, 1985; Ord. 552 § 3, 1987; Ord. 604 § 3, 1991; Ord. 621 § 7, 1994; Ord. 790 § 4, 2014)