Chapter 5.08
OFFENSES

Sections:

I. GENERAL PROVISIONS

5.08.010    Definitions for BC 5.08.010 to 5.08.800.

5.08.015    Application of State Statutes.

5.08.020    Defenses and Burden of Proof.

II. DISORDERLY CONDUCT AND RELATED OFFENSES

5.08.100    Assault.

5.08.101    Vehicular Assault of a Bicyclist or Pedestrian.

5.08.102    Strangulation.

5.08.105    Menacing.

5.08.110    Reckless Endangerment.

5.08.111    Throwing Object off Overpass.

5.08.115    Disorderly Conduct.

5.08.120    Disobeying an Order to Disperse.

5.08.121    Public Fighting.

5.08.125    Loitering.

5.08.127    Intimidation.

5.08.130    Harassment.

5.08.133    Telephonic Harassment.

5.08.135    Abuse of Venerated Objects.

5.08.137    Abuse of a Memorial to the Dead.

5.08.140    Interfering with Public Transportation.

III. WEAPONS AND FIREWORKS

5.08.200    Definitions.

5.08.205    Carrying of Concealed Weapons.

5.08.210    Pointing Firearm at Another.

5.08.215    Unlawful Possession of Firearms.

5.08.217    Unlawful Carrying of a Loaded Firearm.

5.08.220    Persons Not Affected by BC 5.08.215 and 5.08.217.

5.08.225    Discharging a Weapon.

5.08.226    Unlawful Use of Mace, Tear Gas or an Electrical Stun Gun.

5.08.227    Seizure and Forfeiture of Weapons.

5.08.230    Possession of Hoax Destructive Device.

5.08.240    Unlawful Carrying of a Loaded Firearm.

5.08.250    Short Title.

5.08.255    Definitions.

5.08.260    Prohibitions.

5.08.265    Affirmative Defenses.

5.08.270    Penalties.

IV. SEXUAL AND RELATED OFFENSES

5.08.300    Indecent Exposure.

5.08.305    Public Indecency.

5.08.307    Private Indecency.

5.08.310    Prohibited Touching.

5.08.320    Sexual Abuse.

5.08.325    Prostitution.

V. OFFENSES RELATING TO PROPERTY

5.08.400    Theft in the Second Degree.

5.08.401    Theft in the Third Degree.

5.08.402    Aggravated Theft of Services.

5.08.403    Theft of Services.

5.08.404    Criminal Possession of Rented or Leased Personal Property.

5.08.405    Trespass.

5.08.406    Trespass in the First Degree.

5.08.407    Trespass While in Possession of a Firearm.

5.08.408    Violating Privacy of Another.

5.08.410    Invasion of Personal Privacy.

5.08.413    Unlawful Entry into Motor Vehicle.

5.08.414    Criminal Trespass at a Sports Event.

5.08.415    Mischief.

5.08.420    Aggravated Mischief.

5.08.423    Computer Crime.

5.08.424    Reckless Burning.

5.08.425    Forgery.

5.08.427    Mail Theft or Receipt of Stolen Mail.

5.08.430    Unlawful Use of Slugs.

5.08.435    Fraudulent Use of a Credit Card.

5.08.440    Criminal Possession of a Forged Instrument.

5.08.445    Criminal Simulation.

5.08.450    Fraudulently Obtaining a Signature.

5.08.455    Negotiating a Bad Check.

5.08.460    Unlawful Videotape Recording.

5.08.465    Improper Use of an Emergency Reporting System.

5.08.470    Falsifying Business Records.

5.08.475    Misapplication of Entrusted Property.

5.08.480    Issuing a False Financial Statement.

5.08.485    Obtaining Execution of Documents by Deception.

VI. OFFENSES RELATING TO MINORS

5.08.500    Endangering the Welfare of a Minor.

5.08.503    Posting of Signs Concerning Sale of Tobacco Devices.

5.08.505    Furnishing Obscene Materials to a Minor.

5.08.507    Failing to Supervise a Child.

5.08.510    Short Title for BC 5.08.510 through 5.08.522.

5.08.513    Definitions.

5.08.514    Minimum Package Size.

5.08.515    Failure to Supervise Sale of Tobacco Products.

5.08.516    Vendor-Assisted Sale of Tobacco Products.

5.08.517    Affirmative Defense.

5.08.520    Penalty.

5.08.522    Non-Retaliation.

5.08.525    Repealed.

5.08.530    Child Neglect.

5.08.535    Child Confined in Vehicle.

5.08.540    Misrepresentation of Age by Minor.

VII. OBSTRUCTING GOVERNMENTAL ADMINISTRATION

5.08.600    Unsworn Falsification.

5.08.602    False Swearing.

5.08.605    Obstructing Governmental Administration.

5.08.610    Repealed.

5.08.611    Interfering with Law Enforcement Animal.

5.08.615    Tampering with Public Records.

5.08.618    Failure to Provide Name and Date of Birth.

5.08.620    Impersonation.

5.08.621    Possession of False Law Enforcement Identification.

5.08.622    False Representation.

5.08.625    False Reports.

5.08.626    Giving False Information to a Peace Officer for a Citation or Arrest Warrant.

5.08.630    Resisting Arrest.

5.08.635    Escape.

5.08.640    Interference with Police and Fire Communications.

5.08.645    Refusing to Assist An Officer.

5.08.650    Failure to Appear in the Second Degree.

5.08.655    Hindering Misdemeanor Prosecution.

5.08.657    Compounding a Felony.

5.08.660    Interfering with a Police Officer.

5.08.661    Interfering with a Firefighter or Emergency Medical Technician.

5.08.662    Interfering with Making a Report.

5.08.665    Repealed.

5.08.670    Tampering with Physical Evidence.

5.08.675    Tampering with Public Records.

5.08.680    Official Misconduct in the Second Degree.

5.08.685    Official Misconduct in the First Degree.

5.08.690    Misuse of Confidential Information.

VIII. MISCELLANEOUS OFFENSES

5.08.700    Cruelty to Animals.

5.08.701    Sexual Assault of an Animal.

5.08.702    Animal Abuse in the Second Degree.

5.08.703    Animal Abuse in the First Degree.

5.08.704    Animal Neglect in the Second Degree.

5.08.705    Soliciting Drinks.

5.08.706    Animal Neglect in the First Degree.

5.08.707    Unlawful Possession of a Domestic Animal.

5.08.708    Animal Abandonment.

5.08.709    Forfeiture of Rights in Mistreated Animals.

5.08.710    Littering.

5.08.712    Placing Offensive Substances on Property.

5.08.715    Possession of Less Than One Ounce of Marijuana.

5.08.716    Possession of Less Than One Ounce of Marijuana within 1,000 Feet of a School.

5.08.717    Frequenting a Place Where Controlled Substances are Used.

5.08.718    Falsifying Drug Test Results.

5.08.719    Providing Drug Test Falsification Equipment.

5.08.720    Unlawful Possession of Inhalants.

5.08.721    Unlawful Distribution of Cigarettes.

5.08.730    Unlawful Directing of Light from a Laser Pointer.

5.08.735    Improper Repair of a Vehicle Inflatable Restraint System.

5.08.740    Possession of Burglary Tool or Theft Device.

5.08.760    Attempt.

5.08.765    Solicitation.

5.08.770    Conspiracy.

5.08.800    Penalties.

I. GENERAL PROVISIONS

5.08.010 Definitions for BC 5.08.010 to 5.08.800.

The definitions contained in the Oregon Criminal Code of 1971, as now constituted, are incorporated into this code. A definition provided under state law and made applicable to a provision of the Oregon Revised Statutes that is incorporated by reference into this code at BC 5.08.010 to 5.08.800 applies in similar manner to those provisions of BC 5.08.010 to 5.08.800. [BC 5.08.010, amended by Ordinance No. 3531, 9/16/86; Ordinance No. 3580, 9/22/87; Ordinance No. 3694, 11/6/89; Ordinance No. 3789, 10/7/91; Ordinance No. 3871, 11/1/93; Ordinance No. 3948, 12/18/95; Ordinance No. 3957, 6/10/96; Ordinance No. 4009, 6/16/98; Ordinance No. 4108, 5/8/00; Ordinance No. 4196, 2/11/02; Ordinance No. 4307, 5/11/04]

5.08.015 Application of State Statutes.

A. Provisions of the Oregon Criminal Code of 1971, as now constituted, relating to principles (ORS 161.005 to 161.067), criminal liability (ORS 161.085 to 161.125), parties to crime (ORS 161.150 to 161.175), justification (ORS 161.190 to 161.275) and responsibility (ORS 161.290 to 161.400), fines for corporations (ORS 161.655), and effect of non-payment of fines, restitution or costs (ORS 161.685) apply to offenses defined and made punishable by BC 5.08.010 to 5.08.800. Reference contained therein to an offense defined by the Oregon Revised Statutes and incorporated herein shall be deemed a reference to the provision of this code that incorporates by reference the offense defined by the Oregon Revised Statutes.

B. Except as otherwise expressly provided, or unless the context requires otherwise, the provisions of this section shall govern the construction of and punishment of any offense defined outside of BC 5.08.010 to 5.08.800, as well as the construction and application of any defense to a prosecution for such an offense. [BC 5.08.015, amended by Ordinance No. 3530, 9/9/86; Ordinance No. 3790, 10/7/91; Ordinance No. 3870, 11/1/93; Ordinance No. 3947, 12/18/95; Ordinance No. 3957, 6/10/96; Ordinance No. 4009, 6/16/98; Ordinance No. 4108, 5/8/00; Ordinance No. 4196, 2/11/02; Ordinance No. 4307, 5/11/04]

5.08.020 Defenses and Burden of Proof.

A. When a defense, other than an affirmative defense, is raised at trial, the City has the burden of disproving the defense beyond a reasonable doubt.

B. When a defense, declared to be an affirmative defense by Chapter 743, Oregon Laws 1971, as now constituted, is raised at a trial, the defendant has the burden of proving the defense by a preponderance of the evidence.

C. The City is not required to negate a defense unless it is raised by the defendant, either by providing the City, before commencement of trial, with written notice of intent to rely on the defense, or by providing affirmative evidence of the defense by a defense witness in the defendant’s case in chief.

D. ORS 161.475, defenses to solicitation and conspiracy, as now constituted, is hereby incorporated into this code.

E. ORS 161.485, multiple convictions barred in inchoate crimes, as now constituted, is hereby incorporated into this code.

F. ORS 164.035, defenses to theft, as now constituted, is hereby incorporated into this code.

G. ORS 167.335, exemption from ORS 167.315 to 167.330, as now constituted, is hereby incorporated into this code. Reference therein to ORS 167.315 to 167.330 shall be deemed a reference to BC 5.08.702 to 5.08.706. [BC 5.08.020, added by Ordinance No. 3534, 8/16/86; amended by Ordinance No. 3957, 6/10/96]

II. DISORDERLY CONDUCT AND RELATED OFFENSES

5.08.100 Assault.

ORS 163.160, assault in the fourth degree, subsections (1) and (2), as now constituted, are hereby incorporated into this code. [BC 5.08.100, amended by Ordinance No. 3957, 6/10/96; Ordinance No. 4108, 5/8/00]

5.08.101 Vehicular Assault of a Bicyclist or Pedestrian.

2001 Oregon Laws, Chapter 635, Section 5, Vehicular Assault of a Bicyclist or Pedestrian, as now constituted, is hereby incorporated into this code. [BC 5.08.101, added by Ordinance No. 4196, 2/11/02]

5.08.102 Strangulation.

ORS 163.187, strangulation, as now constituted, is hereby incorporated into this code. [BC 5.08.102, added by Ordinance No. 4307, 5/11/04]

5.08.105 Menacing.

ORS 163.190, menacing, as now constituted, is hereby incorporated into this code. [BC 5.08.105, amended by Ordinance No. 3957, 6/10/96]

5.08.110 Reckless Endangerment.

ORS 163.195, recklessly endangering another person, as now constituted, is hereby incorporated into this code. [BC 5.08.110, amended by Ordinance No. 3957, 6/10/96]

5.08.111 Throwing Object off Overpass.

ORS 166.649, throwing object off overpass in second degree, as now constituted, is hereby incorporated into this code. [BC 5.08.111, added by Ordinance No. 3867, 11/1/93; amended by Ordinance No. 3957, 6/10/96]

5.08.115 Disorderly Conduct.

ORS 166.025, disorderly conduct, as now constituted, is hereby incorporated into this code. [BC 5.08.115, amended by Ordinance No. 3584, 11/30/87; Ordinance No. 3957, 6/10/96; Ordinance No. 4196, 2/11/02]

5.08.120 Disobeying an Order to Disperse.

[BC 5.08.120, repealed by Ordinance No. 3957, 6/10/96]

5.08.121 Public Fighting.

[BC 5.08.121, added by Ordinance No. 3321, 5/3/83; repealed by Ordinance No. 3957, 6/10/96]

5.08.125 Loitering.

[BC 5.08.125, repealed by Ordinance No. 3957, 6/10/96]

5.08.127 Intimidation.

ORS 166.155, intimidation in the second degree, as now constituted, is hereby incorporated into this code. [BC 5.08.127 added by Ordinance No. 3656, 3/6/89; amended by Ordinance No. 3697, 11/6/89; Ordinance No. 3957, 6/10/96]

5.08.130 Harassment.

ORS 166.065, harassment, as now constituted, is hereby incorporated into this code. [BC 5.08.130, amended by Ordinance No. 3471, 10/7/85; Ordinance No. 3581, 9/22/87; Ordinance No. 3957, 6/10/96; Ordinance No. 4196, 2/11/02]

5.08.133 Telephonic Harassment.

ORS 166.090, telephonic harassment, as now constituted, is hereby incorporated into this code. [BC 5.08.133, added by Ordinance No. 3581, 9/22/87; amended by Ordinance No. 3957, 6/10/96; Ordinance No. 4108, 5/8/00]

5.08.135 Abuse of Venerated Objects.

ORS 166.075, abuse of venerated objects, as now constituted, is hereby incorporated into this code. [BC 5.08.135, amended by Ordinance No. 3957, 6/10/96]

5.08.137 Abuse of a Memorial to the Dead.

ORS 166.076, abuse of a memorial of the dead, as now constituted, is hereby incorporated into this code. [BC 5.08.137, added by Ordinance No. 3957, 6/10/96; Ordinance No. 4307, 5/11/04]

5.08.140 Interfering with Public Transportation.

ORS 166.116, interfering with public transportation, as now constituted, is hereby incorporated into this code. [BC 5.08.140, added by Ordinance No. 3882, 2/14/94; amended by Ordinance No. 3957, 6/10/96; Ordinance No. 4196, 2/11/02; Ordinance No. 4307, 5/11/04]

III. WEAPONS AND FIREWORKS

5.08.200 Definitions.

[BC 5.08.200 amended by Ordinance No. 3703, 12/18/89; repealed by Ordinance No. 3957, 6/10/96]

5.08.205 Carrying of Concealed Weapons.

Except as to those provisions relating to the jurisdiction of justice courts, ORS 166.240, carrying of concealed weapons, as now constituted, is hereby incorporated into this code. [BC 5.08.205 amended by Ordinance No. 3703, 12/18/89; Ordinance No. 3957, 6/10/96]

5.08.210 Pointing Firearm at Another.

[BC 5.08.210 amended by Ordinance No. 3703, 12/18/89; repealed by Ordinance No. 3957, 6/10/96]

5.08.215 Unlawful Possession of Firearms.

[BC 5.08.215 amended by Ordinance No. 3703, 12/18/89; repealed by Ordinance No. 3957, 6/10/96]

5.08.217 Unlawful Carrying of a Loaded Firearm.

[BC 5.08.217, amended by Ordinance No. 3703, 12/18/89; repealed by Ordinance No. 3957, 6/10/96]

5.08.220 Persons Not Affected by BC 5.08.215 and 5.08.217.

[BC 5.08.220, amended by Ordinance No. 3658, 3/20/89; Ordinance No. 3703, 12/18/89; repealed by Ordinance No. 3957, 6/10/96]

5.08.225 Discharging a Weapon.

A. No person shall intentionally discharge a firearm into or across a public place or while located in a public place.

B. No person shall intentionally discharge a pellet gun, BB gun, bow and arrow, sling shot, or other similar weapon that expels a projectile by means other than by the action of smokeless powder.

C. This section shall not prohibit the discharge of a firearm or a weapon that expels a projectile by means other than by the action of smokeless powder while at a reasonably safe and regularly operated firing range.

D. This section does not prohibit the discharge of a replica firearm displayed in accordance with the replica firearms ordinance or the discharge of a weapon that expels a projectile by means other than by the action of smokeless powder, so long as the projectile expelled upon discharge is one of the following:

1. A commercially manufactured spherical projectile which contains paint and which is designed to break and splatter upon impact, commonly known as a “paintball”;

2. A commercially manufactured spherical projectile with a diameter between and including 5.98 and 8 millimeters, constituted of common styrene plastic or biodegradable plastic, weighing no more than 0.36 gram per sphere.

E. A person who violates this section commits a Class B misdemeanor. [BC 5.08.225, added by Ordinance No. 3703, 12/18/89; Ordinance No. 4009, 6/16/98; Ordinance No. 4423, 2/26/07]

5.08.226 Unlawful Use of Mace, Tear Gas or an Electrical Stun Gun.

ORS 163.212, unlawful use of an electrical stun gun, tear gas or mace in the second degree, as now constituted, is hereby incorporated into this code. [BC 5.08.226, added by Ordinance No. 3957, 6/10/96]

5.08.227 Seizure and Forfeiture of Weapons.

The unlawful possession of a firearm, the unlawful carrying of a concealed weapon or loaded firearm, and the unlawful discharging of a weapon are a nuisance. Any weapon taken from the person or a vehicle of any person unlawfully possessing, carrying or discharging the same is a nuisance, and shall be surrendered to the police department and disposed of pursuant to the procedures provided at ORS 166.280. [BC 5.08.227, added by Ordinance No. 3703, passed December 27, 1989]

5.08.230 Possession of Hoax Destructive Device.

Subsections (1), (2) and (4) of ORS 166.385, possession of hoax destructive device, as now constituted, are hereby incorporated into this code. [BC 5.08.230, added by Ordinance No. 4009, passed 6/16/98]

Editor’s note:

BC 5.08.230 Unlawful Display of Fireworks, added by Ordinance No. 3703, 12/18/89, was repealed by Ordinance No. 3957, 6/10/96

5.08.240 Unlawful Carrying of a Loaded Firearm.

A. No person in a public place shall carry a firearm upon the person unless all ammunition has been removed from the chamber and from the cylinder, clip or magazine.

B. Subsection A of this section does not apply to or affect:

1. A law enforcement officer in the performance of official duty.

2. A member of the military in the performance of official duty.

3. A person licensed to carry a concealed handgun.

4. A person authorized to possess a loaded firearm while in or on a public building under ORS 166.370.

5. Any person summoned by any law enforcement officer to assist in making arrests or preserving the peace, while said person so summoned is actually engaged in assisting the officer.

6. A corrections officer while transporting or accompanying an individual convicted of or arrested for an offense and confined in a place of incarceration or detention while outside the confines of the place of incarceration or detention.

7. When authorized by the officer’s employer, a parole and probation officer, as defined in ORS 181.610, may carry a firearm while engaged in official duties if the officer has completed: (1) A firearms training program recognized by the Board on Public Safety Standards and Training; and (2) A psychological screening.

8. An armed private security officer, proprietary security manager or security contractor certified and permitted by the Department of Public Safety Standards and Training to possess a firearm while in the performance of their duties.

C. A person who violates this section commits a Class A misdemeanor. [BC 5.08.240, added by Ordinance No. 4084, 2/7/00]

5.08.250 Short Title.

BC 5.08.250 through 5.08.270 shall be known and may be cited as the “replica firearms ordinance” and may also be referred to herein as “this ordinance.” [BC 5.08.250, added by Ordinance No. 4423, 2/26/07]

5.08.255 Definitions.

For the purposes of this ordinance the following terms have the stated meanings:

“Blaze orange tip” means either a plastic plug or a permanent marking which is colored blaze orange, which covers the barrel of a replica firearm from the muzzle end for a depth of at least six millimeters, the placement of which is required by federal law.

“Laser pointer” means a device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.

“Period-authentic historical reenactment” means a reenactment of past events in which the use of historically accurate uniforms and equipment predominates.

“Replica firearm” means any device that substantially resembles a firearm or can reasonably be perceived to be an actual firearm. A device that substantially resembles a firearm or can reasonably be perceived to be an actual firearm shall not be deemed a replica firearm if:

A. The device is constructed entirely of opaque materials colored bright red, bright orange, bright yellow, bright green, bright blue or bright purple, either singly or in combination with other listed colors; or

B. The device is constructed entirely of transparent or translucent materials that permit unmistakable observation of the complete contents of the device; or

C. The device is constructed entirely of a mixture of materials described in subsections (A) and (B) of this definition.

“Replica firearm merchant” means a retail operation, such as a hobby shop, sporting goods store, or firearms store, that is a place of sale to ultimate consumers of replica firearms for direct consumption, operating in a commercial structure or storefront, with premises open to the general public during business hours.

“School premises” means the real property comprising a public or private elementary, secondary or career school attended primarily by minors. [BC 5.08.255, added by Ordinance No. 4423, 2/26/07]

5.08.260 Prohibitions.

A. No person shall possess a replica firearm in a public place.

B. No person shall intentionally, knowingly, recklessly, or with criminal negligence point or discharge a replica firearm at another person, said other person being located in a public place.

C. No person shall possess on school premises a device that otherwise would be a replica firearm but for the fact that:

1. The device is constructed entirely of opaque materials colored bright red, bright orange, bright yellow, bright green, bright blue or bright purple, either singly or in combination with other listed colors; or

2. The device is constructed entirely of transparent or translucent materials that permit unmistakable observation of the complete contents of the device; or

3. The device is constructed entirely of a mixture of materials described in subsections (C)(1) and (2) of this section. [BC 5.08.260, added by Ordinance No. 4423, 2/26/07]

5.08.265 Affirmative Defenses.

A. A defendant may establish by a preponderance of the evidence an affirmative defense to a charge of violating BC 5.08.260(A) that:

1. The defendant possessed the replica firearm in a public place other than on school premises and the replica firearm was completely concealed within an opaque container;

2. The defendant possessed the replica firearm on school premises, the defendant was an employee or agent of the school acting within his or her official duties, and the replica firearm was completely concealed within an opaque container;

3. The defendant was employed as a peace officer as defined in ORS 133.005 and possessed the replica firearm within his or her official duties;

4. The defendant possessed the replica firearm while using or intending to use it in connection with the production of a motion picture, television program, theatrical presentation or period-authentic historical reenactment, and one or more of the following circumstances is present:

a. The production was taking place or was to take place on a stage in an auditorium, including an auditorium on school premises, for which the general admission of an adult to the particular production required the purchase of a ticket; or

b. All of the persons involved in the production were at least 18 years of age; or

c. One or more person involved in the production held a valid membership in the Associated Actors and Artistes of America (4As) or the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, Its Territories and Canada (IATSE); or

d. The production of the period-authentic historical reenactment took place under the express authorization or direct control or active participation of a governmental entity, a federal tax exempt organization or a nonprofit organization duly registered with either the Oregon Department of Justice or Office of the Secretary of State, and the production of the reenactment did not create unreasonable public inconvenience, annoyance or alarm;

5. The defendant possessed the replica firearm where all the following conditions are present:

a. The replica firearm is possessed in the course of commerce, or for service or repair, by a replica firearm merchant, or a patron or wholesaler of such a merchant; and

b. The replica firearm is possessed within the merchant’s commercial storefront or structure in which the merchant’s business is located; and

c. The replica firearm merchant holds a current, valid city of Beaverton business license; and

d. The replica firearm does not bear an attached laser pointer.

B. A defendant may establish by a preponderance of the evidence an affirmative defense to a charge of violating BC 5.08.260(B) that:

1. The defendant was employed as a peace officer as defined in ORS 133.005 and pointed or discharged the replica firearm within his or her official duties;

2. The defendant pointed or discharged the replica firearm in connection with the production of a motion picture, television program, theatrical presentation or period-authentic historical reenactment, and one or more of the following circumstances is present:

a. The production was taking place or was to take place on a stage in an auditorium, including an auditorium on school premises, for which the general admission of an adult to the particular production required the purchase of a ticket; or

b. All of the persons involved in the production were at least 18 years of age; or

c. One or more person involved in the production held a valid membership in the Associated Actors and Artistes of America (4As) or the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, Its Territories and Canada (IATSE); or

d. The production of the period-authentic historical reenactment took place under the express authorization or direct control or active participation of a governmental entity, a federal tax exempt organization or a nonprofit organization duly registered with either the Oregon Department of Justice or Office of the Secretary of State, and the production of the reenactment did not create unreasonable public inconvenience, annoyance or alarm.

C. A defendant may establish by a preponderance of the evidence an affirmative defense to a charge of violating BC 5.08.260(C) that:

1. The defendant possessed the device on school premises, the defendant was an employee or agent of the school acting within his or her official duties, and the device was completely concealed within an opaque container;

2. The defendant was employed as a peace officer as defined in ORS 133.005 and possessed the device on school premises within his or her official duties;

3. The defendant possessed the device while using or intending to use it in connection with the production of a motion picture, television program, theatrical presentation or a period-authentic historical reenactment, and one or more of the following circumstances is present:

a. The production was taking place or was to take place on a stage in an auditorium, including an auditorium on school premises, for which the general admission of an adult to the particular production required the purchase of a ticket; or

b. All of the persons involved in the production were at least 18 years of age; or

c. One or more person involved in the production held a valid membership in the Associated Actors and Artistes of America (4As) or the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, Its Territories and Canada (IATSE); or

d. The production of the period-authentic historical reenactment took place under the express authorization or direct control or active participation of a governmental entity, a federal tax exempt organization or a nonprofit organization duly registered with either the Oregon Department of Justice or Office of the Secretary of State, and the production of the reenactment did not create unreasonable public inconvenience, annoyance or alarm. [BC 5.08.265, added by Ordinance No. 4423, 2/26/07]

5.08.270 Penalties.

A. Except as provided in subsections (B), (C) and (D) of this section, violation of BC 5.08.260 is a Class A violation punishable by a fine of not less than $250.00.

B. Violation of BC 5.08.260(A) or (B) is a Class A violation punishable by a fine of not less than $500.00 if the unlawfully possessed, pointed or discharged replica firearm bears an attached laser pointer or has had its blaze orange tip removed or covered with paint, tape, or similar opaque substance.

C. Violation of BC 5.08.260(A) or (B) is a Class C misdemeanor if the offense occurs on or within 1,000 feet of school premises.

D. Violation of BC 5.08.260(A), (B) or (C) is a Class A misdemeanor if within five years to the date of the current offense the defendant has been convicted previously of a violation of BC 5.08.260(A), (B) or (C) or a counterpart thereof in another jurisdiction.

E.  In addition to and not in lieu of any other sentence a court may impose, a court may require a defendant convicted under BC 5.08.260 to forfeit any rights of the defendant in the device or replica firearm unlawfully possessed, pointed or discharged. [BC 5.08.270, added by Ordinance No. 4423, 2/26/07]

IV. SEXUAL AND RELATED OFFENSES

5.08.300 Indecent Exposure.

A. No person shall expose his or her genitalia while in a public place or place visible from a public place, if the public place is open or available to persons of the opposite sex.

B. A person who violates this section commits a Class B misdemeanor. [BC 5.08.300, added by Ordinance No. 3879, 2/14/94; Ordinance No. 4009, 6/16/98]

5.08.305 Public Indecency.

ORS 163.465, public indecency, subsections (1) and (2)(a), as now constituted, are hereby incorporated into this code. [BC 5.08.305, amended by Ordinance No. 3333, 10/3/83; Ordinance No. 3341, 10/19/83; Ordinance No. 3529, 9/9/86; Ordinance No. 3957, 6/10/96; Ordinance No. 4108, 5/8/00]

5.08.307 Private Indecency.

ORS 163.467, private indecency, as now constituted, is hereby incorporated into this code. [BC 5.08.307, added by Ordinance No. 4108, 5/8/00]

5.08.310 Prohibited Touching.

[BC 5.08.310, repealed by Ordinance No. 3957, 6/10/96]

5.08.320 Sexual Abuse.

A. ORS 163.415, sexual abuse in the third degree, as now constituted, is hereby incorporated into this code.

B. ORS 163.315, incapacity to consent, ORS 163.325, ignorance or mistake as a defense, and ORS 163.345, age as a defense in certain cases, as now constituted, are hereby incorporated into this code. [BC 5.08.320, added by Ordinance No. 3655, 3/6/89; amended by Ordinance No. 3957, 6/10/96; Ordinance No. 4196, 2/11/02]

5.08.325 Prostitution.

ORS 167.007, prostitution, as now constituted, is hereby incorporated into this code. [BC 5.08.325, added by Ordinance No. 3957, 6/10/96]

V. OFFENSES RELATING TO PROPERTY

5.08.400 Theft in the Second Degree.

ORS 164.045, theft in the second degree, as now constituted, is hereby incorporated into this code. [BC 5.08.400, amended by Ordinance No. 3362, 4/3/84; Ordinance No. 3582, 9/22/87; Ordinance No. 3957, 6/10/96]

5.08.401 Theft in the Third Degree.

ORS 164.043, theft in the third degree, as now constituted, is hereby incorporated into this code. [BC 5.08.401, added by Ordinance No. 3582, 9/22/87; amended by Ordinance No. 3957, 6/10/96]

5.08.402 Aggravated Theft of Services.

ORS 164.125, theft of services, as now constituted, is hereby incorporated into this code. This section shall apply if the aggregate total value of services that are the subject of the theft is $50 or more but is under $750. [BC 5.08.402, added by Ordinance No. 3582, 9/22/87; amended by Ordinance No. 3957, 6/10/96]

5.08.403 Theft of Services.

ORS 164.125, theft of services, as now constituted, is hereby incorporated into this code. This section shall apply if the aggregate total value of services that are the subject of the theft is under $50. [BC 5.08.403, added by Ordinance No. 3582, 9/22/87; amended by Ordinance No. 3957, 6/10/96]

5.08.404 Criminal Possession of Rented or Leased Personal Property.

ORS 164.140, criminal possession of rented or leased personal property, as now constituted, is hereby incorporated into this code. This section shall apply if the aggregate total value of the personal property not returned is under $500. [BC 5.08.404, added by Ordinance No. 3582, 9/22/87; amended by Ordinance No. 3957, 6/10/96]

5.08.405 Trespass.

ORS 164.245, criminal trespass in the second degree, as now constituted, is hereby incorporated into this code. [BC 5.08.405, amended by Ordinance No. 3359, 2/13/84; Ordinance No. 3957, 6/10/96; Ordinance No. 4108, 5/8/00]

5.08.406 Trespass in the First Degree.

ORS 164.255, trespass in the first degree, as now constituted, is hereby incorporated into this code. [BC 5.08.406, added by Ordinance No. 3326, 6/13/83; amended by Ordinance No. 3957, 6/10/96; Ordinance No. 4108, 5/8/00; Ordinance No. 4196, 2/11/02; Ordinance No. 4307, 5/11/04]

5.08.407 Trespass While in Possession of a Firearm.

ORS 164.265, criminal trespass while in possession of a firearm, as now constituted, is hereby incorporated into this code. [BC 5.08.407, added by Ordinance No. 3957, 6/10/96]

5.08.408 Violating Privacy of Another.

A. A person commits the crime of violating the privacy of another if the person knowingly enters the land, dwelling, or other property of another, and while thus situated looks through or attempts to look through a window, door or transom of a dwelling, with the intent to violate the privacy of another.

B. The provisions of this section do not apply to:

1. Any activity undertaken in the course of bona fide law enforcement or corrections activity or necessary to the proper functioning of the criminal justice system.

2. Bona fide fire, life safety, first responder, or other rescue activity in response to reports of, actual, imminent, or threatened physical injury or property damage.

C. As used in this section, except as the context requires otherwise:

1. “Enter” means entry into or upon the land, dwelling or other property of another without the permission of the owner thereof or other person entitled to possession, or at times when the entrant is not otherwise licensed or privileged to enter, or in a manner that violates a covenant, condition, or other restriction upon the person of the person’s use of the land, dwelling or other property.

2. “Dwelling” means a building that in whole or in part, on either a regular or intermittent basis, is intended for occupancy by a person lodging therein. Where a building consists of separate dwelling units, including but not limited to separate apartments or rented rooms, each unit is, in addition to being a part of such building, a separate dwelling.

3. “Land” means privately-owned real property upon and within the bounds of which stands a dwelling or other building, including the yards or landscaped areas surrounding or adjacent to a dwelling or building. Varying ownerships may comprise a given piece of land.

4. “Violate the privacy of another” refers to a person’s act of obtaining views of another person in the other person’s dwelling in a manner that violates a privacy interest of the other person protected under state or federal law.

D. Violating the Privacy of Another is a Class A Misdemeanor. [BC 5.08.408, added by Ordinance No. 4182, 11/5/01]

5.08.410 Invasion of Personal Privacy.

A. ORS 163.700, invasion of personal privacy, as now constituted, is hereby incorporated into this code.

B. ORS 163.702, exceptions to ORS 163.700, as now constituted, is hereby incorporated into this code. [BC 5.08.410, amended by Ordinance No. 4009, 6/16/98; Ordinance No. 4196, 2/11/02]

5.08.413 Unlawful Entry into Motor Vehicle.

ORS 164.272, unlawful entry into motor vehicle, as now constituted, is hereby incorporated into this code. [BC 5.08.413, added by Ordinance No. 3957, 6/10/96]

5.08.414 Criminal Trespass at a Sports Event.

A. ORS 164.274, definitions for ORS 164.276 and 164.278, as now constituted, is hereby incorporated into this code.

B. ORS 164.276, authority to sports official to expel persons from sports event, as now constituted, is hereby incorporated into this code.

C. ORS 164.278, criminal trespass at a sports event, as now constituted, is hereby incorporated into this code. [BC 5.08.414, added by Ordinance No. 4307, 5/11/04]

5.08.415 Mischief.

ORS 164.345, criminal mischief in the third degree, as now constituted, is hereby incorporated into this code. [BC 5.08.415, amended by Ordinance No. 3957, 6/10/96]

5.08.420 Aggravated Mischief.

ORS 164.354, criminal mischief in the second degree, as now constituted, is hereby incorporated into this code. [BC 5.08.420, amended by Ordinance No. 3957, 6/10/96]

5.08.423 Computer Crime.

Subsections (1), (4), and (5)(a) of ORS 164.377, computer crime, as now constituted, are hereby incorporated into this code. [BC 5.08.423, added by Ordinance No. 3957, 6/10/96; amended by Ordinance No. 4196, 2/11/02]

5.08.424 Reckless Burning.

ORS 164.335, reckless burning, as now constituted, is hereby incorporated into this code. [BC 5.08.424, added by Ordinance No. 3957, 6/10/96]

5.08.425 Forgery.

ORS 165.007, forgery in the second degree, as now constituted, is hereby incorporated into this Code. [BC 5.08.425, added by Ordinance No. 3582, 9/22/87; amended by Ordinance No. 3957, 6/10/96]

5.08.427 Mail Theft or Receipt of Stolen Mail.

ORS 164.160, definitions; ORS 164.162, mail theft or receipt of stolen mail; ORS 164.164, defense in prosecution under ORS 164.162; applicability of ORS 164.162 as now constituted, are hereby incorporated into this code. [BC 5.08.427, added by Ordinance No. 4108, 5/8/00]

5.08.430 Unlawful Use of Slugs.

ORS 165.047, unlawfully using slugs, as now constituted, is hereby incorporated into this code. [BC 5.08.430, added by Ordinance No. 3582, 9/22/87; amended by Ordinance No. 3957, 6/10/96]

5.08.435 Fraudulent Use of a Credit Card.

ORS 165.055, fraudulent use of a credit card, as now constituted, is hereby incorporated into this code. This section shall apply if the aggregate total amount of property or services the person obtains or attempts to obtain is under $750. [BC 5.08.435, added by Ordinance No. 3582, 9/22/87; amended by Ordinance No. 3957, 6/10/96]

5.08.440 Criminal Possession of a Forged Instrument.

ORS 165.017, criminal possession of a forged instrument in the second degree, as now constituted, is hereby incorporated into this code. [BC 5.08.440, added by Ordinance No. 3957, 6/10/96]

5.08.445 Criminal Simulation.

ORS 165.037, criminal simulation, as now constituted, is hereby incorporated into this code. [BC 5.08.445, added by Ordinance No. 3957, 6/10/96]

5.08.450 Fraudulently Obtaining a Signature.

ORS 165.042, fraudulently obtaining a signature, as now constituted, is hereby incorporated into this code. [BC 5.08.450, added by Ordinance No. 3957, 6/10/96]

5.08.455 Negotiating a Bad Check.

ORS 165.065, negotiating a bad check, as now constituted, is hereby incorporated into this code. [BC 5.08.455, added by Ordinance No. 3957, 6/10/96]

5.08.460 Unlawful Videotape Recording.

ORS 164.875, unlawful videotape recording, as now constituted, is hereby incorporated into this code. [BC 5.08.460, added by Ordinance No. 3957, 6/10/96]

5.08.465 Improper Use of an Emergency Reporting System.

ORS 165.570, improper use of an emergency reporting system, as now constituted, is hereby incorporated into this code. [BC 5.08.465, added by Ordinance No. 3957, 6/10/96; amended by Ordinance No. 4196, 2/11/02]

5.08.470 Falsifying Business Records.

ORS 165.080, falsifying business records, as now constituted, is hereby incorporated into this code. [BC 5.08.470, added by Ordinance No. 3957, 6/10/96]

5.08.475 Misapplication of Entrusted Property.

ORS 165.095, misapplication of entrusted property, as now constituted, is hereby incorporated into this code. [BC 5.08.475, added by Ordinance No. 3957, 6/10/96]

5.08.480 Issuing a False Financial Statement.

ORS 165.100, issuing a false financial statement, as now constituted, is hereby incorporated into this code. [BC 5.08.480, added by Ordinance No. 3957, 6/10/96]

5.08.485 Obtaining Execution of Documents by Deception.

ORS 165.102, obtaining execution of documents by deception, as now constituted, is hereby incorporated into this code. [BC 5.08.485, added by Ordinance No. 3957, 6/10/96]

VI. OFFENSES RELATING TO MINORS

5.08.500 Endangering the Welfare of a Minor.

ORS 163.575, endangering the welfare of a minor, as now constituted, is hereby incorporated into this code. [BC 5.08.500, amended by Ordinance No. 3699, 11/6/89; Ordinance No. 3957, 6/10/96; Ordinance No. 4108, 5/8/00]

5.08.503 Posting of Signs Concerning Sale of Tobacco Devices.

ORS 163.580, posting of signs concerning sale of smoking devices, as now constituted, is hereby incorporated into this code. [BC 5.08.503, added by Ordinance No. 3957, 6/10/96; amended by Ordinance No. 4108, 5/8/00]

5.08.505 Furnishing Obscene Materials to a Minor.

[BC 5.08.505, amended by Ordinance No. 3317, 4/12/83; repealed by Ordinance No. 3957, 6/10/96]

5.08.507 Failing to Supervise a Child.

ORS 163.577, failing to supervise a child, as now constituted, is hereby incorporated into this code. [BC 5.08.507, added by Ordinance No. 3957, 6/10/96; amended by Ordinance No. 4108, 5/8/00; Ordinance No. 4307, 5/11/04]

Editor’s note:

    BC 5.08.510 Sending obscene materials to a minor;

    BC 5.08.515 Exhibiting obscene performance to a minor;

    BC 5.08.520 Displaying obscene materials to minors;

    BC 5.08.525 Defenses in prosecuting under BC 5.08.505 through 5.08.520 repealed by Ordinance No. 3957, 6/10/96.

5.08.510 Short Title for BC 5.08.510 through 5.08.522.

BC 5.08.510 to 5.08.522 shall be known and may be cited as the “Tobacco Ordinance” and may also be referred to as “this ordinance.” [BC 5.08.510, added by Ordinance No. 3983, 6/10/97; amended by Ordinance No. 4196, 2/11/02]

5.08.513 Definitions.

For the purpose of this ordinance the following mean:

Cigarette – Any roll for smoking, made wholly or in part of tobacco, irrespective of size or shape and irrespective of whether the tobacco is flavored, adulterated or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any other material, except where such wrapper is wholly or in the greater part made of tobacco and 1,000 such rolls weigh over three pounds.

Employee – A person who engages to furnish work or services to an employer for remuneration, financial or otherwise. The term includes an independent contractor retained by the employer.

Employer – Any entity or individual who engages a person to perform work or services for which compensation is given in periodic payments or otherwise, even though the relationship of the person so engaged to the employer may be an independent contractor for other purposes.

Self-Service Display – The display of tobacco or tobacco products at a business establishment that allows public access to the tobacco or tobacco products without the assistance of an employee of the business establishment.

Strict Liability, Without Regard to Fault – A form of liability imposed without regard to a person’s mental state and under which the existence or absence of fault is not material to the determination of a person’s legal responsibility.

Tobacco Products – Cigarettes, cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking.

Vendor-Assisted Tobacco Sale – The sale of tobacco or tobacco products to a retail buyer wherein only the vendor has access to the tobacco or tobacco products offered for sale, and the delivery of the tobacco or tobacco products from the vendor to the buyer occurs only after completion of the sale thereof. [BC 5.08.513, added by Ordinance No. 3983, 6/10/97; amended by Ordinance No. 4215, 6/24/02]

5.08.514 Minimum Package Size.

A. No person shall sell, offer for sale, or permit to be sold any container of cigarettes containing fewer than 20 cigarettes.

B. Subsection A of this section shall not apply to:

1. Tobacco vending machines exempt from city regulation pursuant to state law, including under ORS 167.404;

2. A person who offers for sale, sells or permits to be sold tobacco or tobacco products while in a retail business that is:

a. Primarily engaged in the sale of tobacco or tobacco products and

b. Posted as off-limits to minors;

3. A restaurant posted as off-limits to minors or in an area of a restaurant posted as off-limits to minors under the rules of the Oregon Liquor Control Commission; or

4. A bar or tavern posted as off-limits to minors under the rules of the Oregon Liquor Control Commission. [BC 5.08.514, added by Ordinance No. 4215, 6/24/02]

5.08.515 Failure to Supervise Sale of Tobacco Products.

A person shall be held strictly liable, without regard to fault, for the commission of the offense of failing to supervise the sale of tobacco products if the person is an employer of an employee who distributes, sells or causes to be distributed or sold tobacco products in any form to a person under 18 years of age. [BC 5.08.515, added by Ordinance No. 3983, 6/10/97]

5.08.516 Vendor-Assisted Sale of Tobacco Products.

A. No person shall offer for sale, sell or permit to be sold any tobacco or tobacco products by means of a self-service display or by any means other than by a vendor-assisted tobacco sale.

B. Subsection A of this section shall not apply to:

1. Tobacco vending machines exempt from city regulation pursuant to state law, including under ORS 167.404;

2. A person who offers for sale, sells or permits to be sold tobacco or tobacco products while in a retail business that is:

a. Primarily engaged in the sale of tobacco or tobacco products and

b. Posted as off-limits to minors;

3. A restaurant posted as off-limits to minors or in an area of a restaurant posted as off-limits to minors under the rules of the Oregon Liquor Control Commission; or

4. A bar or tavern posted as off-limits to minors under the rules of the Oregon Liquor Control Commission. [BC 5.08.516, added by Ordinance No. 4215, 6/24/02]

5.08.517 Affirmative Defense.

In a prosecution of a person for violation of BC 5.08.515, it is an affirmative defense to be established by a preponderance of the evidence by the defendant that:

A. Prior to the commission of the offense, the person had trained all the person’s employees who may sell tobacco products that:

1. The sale and distribution of tobacco products to any person under 18 years of age is illegal; and

2. The age of a person who is purchasing tobacco products must be verified by means of photographic identification containing the bearer’s date of birth, unless the purchaser is older than 26 years of age; and

B. At the time of the commission of the offense, the employee who sold or caused tobacco products to be distributed to a person under 18 years of age had appropriately verified the purchaser’s age through the examination of photographic identification, but was shown convincingly false or altered identification that a reasonable person would not have determined was altered or inaccurate in its description of the person to whom the tobacco products were sold or distributed. [BC 5.08.517, added by Ordinance No. 3983, 6/10/97]

5.08.520 Penalty.

Any person who violates BC 5.08.514, BC 5.08.515 or BC 5.08.516 commits a non-criminal violation punishable by a fine of not more than $300. Any penalty imposed pursuant to this section is in addition to, and not in lieu of, any other civil, criminal or administrative penalty or sanction otherwise authorized by law. [BC 5.08.520, added by Ordinance No. 3983, 6/10/97; amended by Ordinance No. 4215, 6/24/02]

5.08.522 Non-Retaliation.

No employer shall discharge, demote, suspend, refuse to hire, or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant or customer reports, testifies, assists or participates in any manner in any investigation, proceeding or hearing regarding an alleged violation of this ordinance. Any person claiming to be aggravated by an unlawful act under this section shall have a cause of action in any court of competent jurisdiction for damages and other such remedies as may be appropriate. [BC 5.08.522, added by Ordinance No. 4215, 6/24/02]

5.08.525 Repealed.

[BC 5.08.525, added by Ordinance No. 3983, 6/10/97; repealed by Ordinance No. 4215, 6/24/02]

5.08.530 Child Neglect.

ORS 163.545, child neglect in the second degree, as now constituted, is hereby incorporated into this code. [BC 5.08.530, amended by Ordinance No. 3957, 6/10/96]

5.08.535 Child Confined in Vehicle.

A. No person who has control or custody of a child under eight years of age shall lock or confine, or leave the child unattended, or permit the child to be locked or confined, or left unattended in a vehicle for a period of time longer than 15 consecutive minutes.

B. A peace officer, finding a child confined in violation of the terms of this section, may enter the vehicle and remove the child, using such force as is reasonably necessary to effect an entrance to the vehicle.

C. A person who violates this section commits a Class A violation. [BC 5.08.535, amended by Ordinance No. 4009, 6/16/98; Ordinance No. 4108, 5/8/00]

5.08.540 Misrepresentation of Age by Minor.

No person shall:

A. Being less than a certain, specified age, knowingly represent that the person is of any age other than the person’s true age with the intent of securing a right, benefit or privilege that by law is denied to persons under that certain, specified age; or

B. Being unmarried, knowingly represent that the person is married with the intent of securing a right, benefit or privilege that by law is denied to an unmarried person.

VII. OBSTRUCTING GOVERNMENTAL ADMINISTRATION

5.08.600 Unsworn Falsification.

ORS 162.085, unsworn falsification, as now constituted, is hereby incorporated into this code. [BC 5.08.600, amended by Ordinance No. 3957, 6/10/96]

5.08.602 False Swearing.

A. ORS 162.075, false swearing, as now constituted, is hereby incorporated into this code.

B. ORS 162.095, defenses to perjury and false swearing limited, ORS 162.105, retraction as defense, and ORS 162.115, corroboration of falsity required, as now constituted, are hereby incorporated into this code. [BC 5.08.602, added by Ordinance No. 3826, 8/17/92; amended by Ordinance No. 3957, 6/10/96]

5.08.605 Obstructing Governmental Administration.

ORS 162.235, obstructing governmental administration, as now constituted, is hereby incorporated into this code. [BC 5.08.605, amended by Ordinance No. 3516, 6/10/86; Ordinance No. 3957, 6/10/96]

5.08.610 Repealed.

[BC 5.08.610, amended by Ordinance No. 3868, 11/1/93; Ordinance No. 3957, 6/10/96; Ordinance No. 4108, 5/8/00; repealed by Ordinance No. 4196, 2/11/02]

5.08.611 Interfering with Law Enforcement Animal.

ORS 167.337, interfering with law enforcement animal, as now constituted, is hereby incorporated into this code. [BC 5.08.611, added by Ordinance No. 3420, 12/4/84; amended by Ordinance No. 3957, 6/10/96; Ordinance No. 4307, 5/11/04]

5.08.615 Tampering with Public Records.

[BC 5.08.615, repealed by Ordinance No. 3957, 6/10/96]

5.08.618 Failure to Provide Name and Date of Birth.

A. No person shall knowingly fail to provide a name and date of birth to a peace officer having probable cause to believe the person has committed a violation offense.

B. A person who violates this section commits a Class C misdemeanor. [BC 5.08.618, added by Ordinance No. 3479, 12/17/85; amended by Ordinance No. 4009, 6/16/98]

5.08.620 Impersonation.

ORS 162.365(1)-(3)(a),impersonation, as now constituted, is hereby incorporated into this code. [BC 5.08.620, amended by Ordinance No. 3957, 6/10/96; Ordinance No. 4307, 5/11/04]

5.08.621 Possession of False Law Enforcement Identification.

ORS 162.369, possession of false law enforcement identification card, as now constituted, is hereby incorporated into this code. [BC 5.08.621, added by Ordinance No. 3866, 11/1/93; amended by Ordinance No. 3957, 6/10/96]

5.08.622 False Representation.

A. No person shall falsely represent to another that the person is acting as an employee, agent or representative of the City or that the City endorses or sanctions the actions of that person.

B. A person who violates this section commits a Class C misdemeanor. [BC 5.08.622, amended by Ordinance No. 4009, 6/16/98]

5.08.625 False Reports.

ORS 162.375, initiating a false report, as now constituted, is hereby incorporated into this code. [BC 5.08.625, amended by Ordinance No. 3957, 6/10/96]

5.08.626 Giving False Information to a Peace Officer for a Citation or Arrest Warrant.

ORS 162.385, giving false information to a peace officer for a citation or arrest warrant, as now constituted, is hereby incorporated into this code. [BC 5.08.626, added by Ordinance No. 3422, 12/11/84; amended by Ordinance No. 3468, 10/8/85; Ordinance No. 3695, 11/6/89; Ordinance No. 4009, 6/16/98; Ordinance No. 4108, 5/8/00; Ordinance No. 4307, 5/11/04]

5.08.630 Resisting Arrest.

ORS 162.315, resisting arrest, as now constituted, is hereby incorporated into this code. [BC 5.08.630, amended by Ordinance No. 3696, 11/6/89; Ordinance No. 3957, 6/10/96; Ordinance No. 4009, 6/16/98]

5.08.635 Escape.

ORS 162.145, escape in the third degree, as now constituted, is hereby incorporated into this code. [BC 5.08.635, amended by Ordinance No. 3957, 6/10/96]

5.08.640 Interference with Police and Fire Communications.

ORS 166.095, misconduct with emergency telephone calls, as now constituted, is hereby incorporated into this code. [BC 5.08.640, amended by Ordinance No. 3957, 6/10/96]

5.08.645 Refusing to Assist An Officer.

ORS 162.245, refusing to assist a peace officer, as now constituted, is hereby incorporated into this code. [BC 5.08.645, amended by Ordinance No. 3957, 6/10/96; Ordinance No. 4108, 5/8/00]

5.08.650 Failure to Appear in the Second Degree.

A. ORS 162.195, failure to appear in the second degree, as now constituted, is hereby incorporated into this code.

B. ORS 162.193, failure to appear; counsel for defendant cannot be witness; exception, as now constituted, is hereby incorporated into this code. Reference therein to ORS 162.195 shall be deemed a reference to this section. [BC 5.08.650, amended by Ordinance No. 3706, 2/5/90; Ordinance No. 3957, 6/10/96; Ordinance No. 4108, 5/8/00; Ordinance No. 4196, 2/11/02; Ordinance No. 4307, 5/11/04]

5.08.655 Hindering Misdemeanor Prosecution.

A. No person shall intentionally hinder the apprehension, prosecution, conviction or punishment of a person who has committed a crime punishable as a misdemeanor, or intentionally assist a person who has committed a crime punishable as a misdemeanor in profiting or benefitting from the commission of the crime by:

1. Harboring or concealing such person; or

2. Warning such person of impending discovery or apprehension; or

3. Providing or aiding in providing such person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension; or

4. Preventing or obstructing by means of force, intimidation or deception, anyone from performing an act that might aid in the discovery or apprehension of such person; or

5. Aiding such person in securing or protecting the proceeds of the crime.

B. A person who violates this section commits a Class C misdemeanor. [BC 5.08.655, added by Ordinance No. 3880, 2/14/94; amended by Ordinance No. 4009, 6/16/98]

5.08.657 Compounding a Felony.

A. ORS 162.335, compounding a felony, as now constituted, is hereby incorporated into this code.

B. ORS 162.345, defenses for hindering or compounding limited, as now constituted, is hereby incorporated into this code. [BC 5.08.657, added by Ordinance No. 3957, 6/10/96]

5.08.660 Interfering with a Police Officer.

ORS 162.247, interfering with police, as now constituted, is hereby incorporated into this code. [BC 5.08.660, added by Ordinance No. 3881, 2/14/94; amended by Ordinance No. 4009, 6/16/98; Ordinance No. 4108, 5/8/00]

5.08.661 Interfering with a Firefighter or Emergency Medical Technician.

ORS 162.257, interfering with a firefighter or emergency medical technician, as now constituted, is hereby incorporated into this code. [BC 5.08.661, added by Ordinance No. 4307, 5/11/04]

5.08.662 Interfering with Making a Report.

ORS 165.572, interfering with the making of a report, as now constituted, is hereby incorporated into this code. [BC 5.08.662, added by Ordinance No. 4108, 5/8/00]

5.08.665 Repealed.

[BC 5.08.665, added by Ordinance No. 3957, 6/10/96; repealed by Ordinance No. 4196, 2/11/02]

5.08.670 Tampering with Physical Evidence.

ORS 162.295, tampering with physical evidence, as now constituted, is hereby incorporated into this code. [BC 5.08.670, added by Ordinance No. 3957, 6/10/96]

5.08.675 Tampering with Public Records.

ORS 162.305, tampering with public records, as now constituted, is hereby incorporated into this code. [BC 5.08.675, added by Ordinance No. 3957, 6/10/96]

5.08.680 Official Misconduct in the Second Degree.

ORS 162.405, official misconduct in the second degree, as now constituted, is hereby incorporated into this code. [BC 5.08.680, added by Ordinance No. 3957, 6/10/96]

5.08.685 Official Misconduct in the First Degree.

ORS 162.415, official misconduct in the first degree, as now constituted, is hereby incorporated into this code. [BC 5.08.685, added by Ordinance No. 3957, 6/10/96]

5.08.690 Misuse of Confidential Information.

ORS 162.425, misuse of confidential information, as now constituted, is hereby incorporated into this code. [BC 5.08.690, added by Ordinance No. 3957, 6/10/96]

VIII. MISCELLANEOUS OFFENSES

5.08.700 Cruelty to Animals.

[BC 5.08.700, repealed by Ordinance No. 3957, 6/10/96]

5.08.701 Sexual Assault of an Animal.

A. ORS 167.333, sexual assault of an animal, as now constituted, is hereby incorporated into this code.

B. ORS 167.334, evaluation of person convicted of violation ORS 167.333, as now constituted, is hereby incorporated into this code. [BC 5.08.701, added by Ordinance No. 4196, 2/11/02; Ordinance No. 4307, 5/11/04]

5.08.702 Animal Abuse in the Second Degree.

ORS 167.315, animal abuse in the second degree, as now constituted, is hereby incorporated into this code. [BC 5.08.702, added by Ordinance No. 3957, 6/10/96]

5.08.703 Animal Abuse in the First Degree.

ORS 167.320(1)B(3), animal abuse in the first degree, as now constituted, is hereby incorporated into this code. [BC 5.08.703, added by Ordinance No. 3957, 6/10/96; amended by Ordinance No. 4196, 2/11/02]

5.08.704 Animal Neglect in the Second Degree.

ORS 167.325, animal neglect in the second degree, as now constituted, is hereby incorporated into this code. [BC 5.08.704, added by Ordinance No. 3957, 6/10/96]

5.08.705 Soliciting Drinks.

[BC 5.08.705, repealed by Ordinance No. 3957, 6/10/96]

5.08.706 Animal Neglect in the First Degree.

ORS 167.330, animal neglect in the first degree, as now constituted, is hereby incorporated into this code. [BC 5.08.706, added by Ordinance No. 3957, 6/10/96; amended by Ordinance No. 4196, 2/11/02]

5.08.707 Unlawful Possession of a Domestic Animal.

ORS 167.332, unlawful possession of a domestic animal, as now constituted, is hereby incorporated into this code. [BC 5.08.707, added by Ordinance No. 4196, 2/11/02; Ordinance No. 4307, 5/11/04]

5.08.708 Animal Abandonment.

ORS 167.340, animal abandonment, as now constituted, is hereby incorporated into this code. [BC 5.08.708, added by Ordinance No. 3957, 6/10/96; amended by Ordinance No. 4196, 2/11/02]

5.08.709 Forfeiture of Rights in Mistreated Animals.

ORS 167.350, forfeiture of rights in mistreated animals; costs; disposition of animal, as now constituted, is hereby incorporated into this code. Reference therein to ORS 167.315 to 167.330 and 167.340 shall be deemed a reference to BC 5.08.702 to 5.08.706 and 5.08.708. [BC 5.08.709, added by Ordinance No. 3957, 6/10/96; amended by Ordinance No. 4196, 2/11/02]

5.08.710 Littering.

ORS 164.805, offensive littering, as now constituted, is hereby incorporated into this code. [BC 5.08.708, amended by Ordinance No. 3957, 6/10/96]

5.08.712 Placing Offensive Substances on Property.

ORS 164.785, placing offensive substances in waters, on highways or other property, as now constituted, is hereby incorporated into this code. [BC 5.08.712, added by Ordinance No. 3957, 6/10/96]

5.08.715 Possession of Less Than One Ounce of Marijuana.

Subsection (4)(f) of ORS 475.992, prohibited acts generally; penalties; affirmative defense for certain peyote uses, as now constituted, is hereby incorporated into this code. [BC 5.08.715, amended by Ordinance No. 3698, 11/6/89; Ordinance No. 3957, 6/10/96]

5.08.716 Possession of Less Than One Ounce of Marijuana within 1,000 Feet of a School.

ORS 475.999(2)(a)(b), “Penalty for manufacture or delivery of controlled substance within 1,000 feet of school,” as now constituted, is hereby incorporated into this code. [BC 5.08.716, added by Ordinance No. 4151, 4/9/01]

5.08.717 Frequenting a Place Where Controlled Substances are Used.

ORS 167.222, “Frequenting a Place Where Controlled Substances are Used,” as now constituted, is hereby incorporated into this code. [BC 5.08.717, added by Ordinance No. 4151, 4/9/01]

5.08.718 Falsifying Drug Test Results.

ORS 475.981, falsifying drug test results, as now constituted, is hereby incorporated into this code. [BC 5.08.718, added by Ordinance 4196, 2/11/03; Ordinance No. 4307, 5/11/04]

5.08.719 Providing Drug Test Falsification Equipment.

ORS 475.982, providing drug test falsification equipment, as now constituted, is hereby incorporated into this code. [BC 5.08.719, added by Ordinance 4196, 2/11/03; Ordinance No. 4307, 5/11/04]

5.08.720 Unlawful Possession of Inhalants.

ORS 167.808, unlawful possession of inhalants, as now constituted, is hereby incorporated into this code. [BC 5.08.720, added by Ordinance No. 4108, 5/8/00]

5.08.721 Unlawful Distribution of Cigarettes.

ORS 323.482(1), (2), (2)(a) and (3)-(6), unlawful distribution of cigarettes, as now constituted, is hereby incorporated into this code. [BC 5.08.721, added by Ordinance 4196, 2/11/03; Ordinance No. 4307, 5/11/04]

5.08.730 Unlawful Directing of Light from a Laser Pointer.

ORS 163.709, unlawful directing of light from a laser pointer, as now constituted, is hereby incorporated into this code. [BC 5.08.730, added by Ordinance No. 4108, 5/8/00]

5.08.735 Improper Repair of a Vehicle Inflatable Restraint System.

ORS 167.822, improper repair of a vehicle inflatable restraint system, as now constituted, is hereby incorporated into this code. [BC 5.08.735, added by Ordinance No. 4196, 2/11/02; Ordinance No. 4307, 5/11/04]

5.08.740 Possession of Burglary Tool or Theft Device.

ORS 164.235, possession of burglary tool or theft device, as now constituted, is hereby incorporated into this code. [BC 5.08.661, added by Ordinance No. 4307, 5/11/04]

5.08.760 Attempt.

A. ORS 161.405, “attempt” described, as now constituted, is hereby incorporated into this code.

B. ORS 161.425, impossibility not a defense, as now constituted, is hereby incorporated into this code.

C. ORS 161.430, renunciation as a defense to attempt, as now constituted, is hereby incorporated into this code. [BC 5.08.760, amended by Ordinance No. 3957, 6/10/96]

5.08.765 Solicitation.

A. ORS 161.435, “solicitation” described, as now constituted, is hereby incorporated into this code.

B. ORS 161.440, renunciation as a defense to solicitation, as now constituted, is hereby incorporated into this code. [BC 5.08.765, added by Ordinance No. 3957, 6/10/96]

5.08.770 Conspiracy.

A. ORS 161.450, “conspiracy” described, as now constituted, is hereby incorporated into this code.

B. ORS 161.455, conspiratorial relationship, as now constituted, is hereby incorporated into this code.

C. ORS 161.460, renunciation as a defense to conspiracy, as now constituted, is hereby incorporated into this code.

D. ORS 161.465, duration of conspiracy, as now constituted, is hereby incorporated into this code. [BC 5.08.770, added by Ordinance No. 3957, 6/10/96]

5.08.800 Penalties.

A. Violation of any provision of BC 5.08.100 to 5.08.770 designated as a class A misdemeanor is punishable, upon conviction, by a fine not to exceed $6,250, imprisonment not to exceed one year, or both.

B. Violation of any provision of BC 5.08.100 to 5.08.770 designated as a class B misdemeanor is punishable, upon conviction, by a fine not to exceed $2,500, imprisonment not to exceed six months, or both.

C. Violation of any provision of BC 5.08.100 to 5.08.770 designated as a class C misdemeanor is punishable, upon conviction, by a fine not to exceed $1,250, imprisonment not to exceed 30 days, or both.

D. Unless otherwise provided, violation of any provision of BC 5.08.100 to 5.08.770 designated as a class A violation is punishable, upon conviction, by a fine not to exceed $720.

E. Unless otherwise provided, violation of any provision of BC 5.08.100 to 5.08.770 designated as a class B violation is punishable, upon conviction, by a fine not to exceed $360.

F. Unless otherwise provided, violation of any provision of BC 5.08.100 to 5.08.770 designated as a class C violation is punishable, upon conviction, by a fine not to exceed $180.

G. Unless otherwise provided, violation of any provision of BC 5.08.100 to 5.08.770 designated as a class D violation is punishable, upon conviction, by a fine not to exceed $90.

H. The amount otherwise established by law for any specific fine violation. [BC 5.08.800, amended by Ordinance No. 3311, 3/1/83; Ordinance No. 3321, 5/3/83; Ordinance No. 3326, 6/13/83; Ordinance No. 3375, 6/19/84; Ordinance No. 3420, 12/4/84; Ordinance No. 3422, 12/11/84; Ordinance No. 3433, 2/25/85; Ordinance No. 3479, 12/17/85; Ordinance No. 3535, 9/16/86; Ordinance No. 3581, 9/22/87; Ordinance No. 3582, 9/22/87; Ordinance No. 3655, 3/6/89; Ordinance No. 3656, 3/6/89; Ordinance No. 3698, 11/6/89; Ordinance No. 3703, 12/18/89; Ordinance No. 3826, 8/17/92; Ordinance No. 3866, 11/1/93; Ordinance No. 3867, 11/1/93; Ordinance No. 3879, 2/14/94; Ordinance No. 3880, 2/14/94; Ordinance No. 3881, 2/14/94; Ordinance No. 3882, 2/14/94; Ordinance No. 3957, 6/10/96; Ordinance No. 4108, 5/8/00; Ordinance No. 4307, 5/11/04]