Chapter 9.36
VIOLATION--PENALTY

Sections:

9.36.010    Nuisance abatement.

9.36.020    Soliciting or confederating to violate ordinances.

9.36.030    Attempt to commit offenses.

9.36.040    Failure to appear.

9.36.050    Sentencing--Additional conditions.

9.36.060    Sentencing--Labor for collection of fine and costs.

9.36.070    Penalty for violation.

9.36.080    Separate violations.

9.36.090    Sentences for misdemeanors.

9.36.010 Nuisance abatement.

No provision of this title shall preclude the abatement of a nuisance as provided in Chapter 8.12 of this code. (Ord. 2410 §148, 1981)

9.36.020 Soliciting or confederating to violate ordinances.

A. No person shall solicit, aid, abet, employ or engage another, or confederate with another, to violate a provision of this title or any ordinance of the city.

B.  No person shall use or permit the use of property for planning or promoting criminal activities or violation of city ordinances. (Ord. 2410 §142, 1981)

9.36.030 Attempt to commit offenses.

A person who attempts to commit an offense mentioned in this title or any ordinance of the city, but who for any reason is prevented from consummating the act, shall be considered guilty of an offense. (Ord. 2410 §143, 1981)

9.36.040 Failure to appear.

A person commits the crime of failure to appear if, having by court order been released from custody upon a release agreement or security release agreement, upon the condition that he will subsequently appear personally in connection with a charge against him of having committed a violation of this title, or any city ordinance, he intentionally fails to appear as required. (Ord. 2410 §145, 1981)

9.36.050 Sentencing--Additional conditions.

In addition to any other penalties prescribed in this title, the court may, in its discretion, require restitution, place the defendant on probation or parole, or may impose upon the defendant such other conditions or restrictions as the court may consider just and equitable. (Ord. 2410 §147, 1981)

9.36.060 Sentencing--Labor for collection of fine and
costs.

When a person is convicted of an offense under the laws of the city and ordered to pay a fine and costs, and fails to pay the fine and costs, the municipal judge may collect the fine by sentencing the person fined to labor on the streets or on other public works, one day for each ten dollars of such fine unpaid.  Persons fined and sentenced to labor, as set out in this section, are under the charge and supervision of the chief of police and the police department. (Ord. 2410 §149, 1981)

9.36.070 Penalty for violation.

A. A person who violates Section 9.08.130 shall be punished upon conviction by a fine not to exceed two thousand five hundred dollars, or imprisonment not to exceed one year, or by both fine and imprisonment.

B.  A person who violates Section 9.24.010 shall be punished upon conviction by a fine not to exceed five hundred dollars, or imprisonment not to exceed thirty days, or by both fine and imprisonment.

C.  A person who violates Section 9.24.011 shall be punished upon conviction by a fine not to exceed two thousand five hundred dollars, or imprisonment not to exceed one year, or by both fine and imprisonment.

D.  A person who violates Section 9.24.030, and the aggregate total value of services that are the subject of the theft is under fifty dollars, shall be punished upon conviction by a fine not to exceed five hundred dollars, or imprisonment not to exceed thirty days, or by both fine and imprisonment.  A person who violates Section 9.24.030, and the aggregate total value of services that are the subject of the theft is fifty dollars or more but is under five hundred dollars, shall be punished upon conviction by a fine not to exceed two thousand five hundred dollars or imprisonment not to exceed one year, or by both fine and imprisonment.

E.  A person who violates Section 9.24.040 shall be punished upon conviction by a fine not to exceed five hundred dollars, or imprisonment not to exceed thirty days, or by both fine and imprisonment.

F.  A person who violates Section 9.24.041 shall be punished upon conviction by a fine not to exceed two thousand five hundred dollars, or imprisonment not to exceed one year, or by both fine and imprisonment.

G.  Violation of any other provision of this title is punishable by a fine not to exceed five hundred dollars, or imprisonment not to exceed thirty days, or by both fine and imprisonment.

H.  If there is a violation of a provision identical to a state statute with a lesser penalty attaching, punishment is limited to the lesser penalty prescribed in the state law.  (Ord. 2624 §7, 1988:  Ord. 2410 §146, 1981)

9.36.080 Separate violations.

When in this title or any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense, or doing an act is required, or the failure to do an act is declared to be unlawful or an offense, each day a violation continues constitutes a separate offense.  (Ord. 2410 §144, 1981)

9.36.090 Sentences for misdemeanors.

Sentences for misdemeanors shall be as set forth in ORS 161.615 and 161.635.  (Ord. 2807 §2(part), 1998)