Chapter 9.12
OFFENSES AGAINST PUBLIC PEACE AND DECENCY
Sections:
9.12.010 Unlawful conduct on school premises or public places frequented by children.
9.12.020 Conduct on “drive-in” premises.
9.12.040 Recklessly endangering another person.
9.12.070 Drinking in public places.
9.12.090 Animals – Poisoning of.
9.12.100 Animals – Cruelty to.
9.12.110 Animals – Vehicles injuring.
9.12.120 Animal carcasses – Removal.
9.12.130 Obscene materials – Adult businesses.
9.12.010 Unlawful conduct on school premises or public places frequented by children.
A. It is unlawful for any person to wait, remain, tarry, linger or engage in any activity in a school building or on school property or on the city streets or sidewalks adjacent thereto when such conduct has or could reasonably be expected to have a disruptive effect on the administration of the school or educational process of a student.
B. It is unlawful for any person to wait, remain, tarry, linger or engage in any activity with the apparent purpose of molesting, harassing or encouraging juvenile delinquency in or on any public place frequented by children, including swimming pools, school bus stops, playgrounds, parks, or city streets and sidewalks adjacent thereto. [Ord. 106 § 4, 1980.]
9.12.020 Conduct on “drive-in” premises.
No person on the premises of a drive-in restaurant, bank, theater, business, public parking facility, or other public or private property where parking or drive-in facilities are offered and extended to the public for use shall needlessly do any of the following: race the motor of any motor vehicle; bring to a sudden start or stop any motor vehicle; impede the orderly movement of vehicles or pedestrian traffic on such premises; blow horn, or make or cause to be made any loud, boisterous, rude, indecent, unseemly or unnecessary noise; speak rude, indecent, vulgar or profane words toward another person; deface or damage the property of another; or commit any other act constituting nuisance or disturbance on said premises whereby the quiet and good order of the premises or the neighborhood is disturbed. [Ord. 106 § 5, 1980.]
9.12.030 Menacing.
It is unlawful for any person to commit the crime of menacing. The crime of menacing is committed if by word or conduct a person intentionally attempts to place another person in fear of imminent physical injury. [Ord. 355 § 1, 1985.]
9.12.040 Recklessly endangering another person.
It is unlawful for a person to recklessly endanger another person by conduct which creates a substantial risk of serious physical injury to another person. [Ord. 355 § 2, 1985.]
9.12.050 Disorderly conduct.
A person commits the crime of disorderly conduct if with intent to cause public inconvenience, annoyance or alarm or recklessly creates a risk thereof, that person:
A. Engages in fighting or in violent, tumultuous or threatening behavior;
B. Makes unreasonable noise;
C. Disturbs any lawful assembly of persons without lawful authority, or obstructs vehicular or pedestrian traffic on a public way;
D. Congregates with other persons in a public place and refuses to comply with the lawful order of the police to disperse;
E. Initiates or circulates a report, knowing it to be false, concerning alleged or impending fire, explosion, crime, catastrophe or other emergency; or
F. Creates a hazardous or physically offensive condition by any act which that person is not licensed or privileged to do. [Ord. 3000 § 2(B), 1995; Ord. 355 § 10, 1985.]
9.12.060 Harassment.
A person commits the crime of harassment if, with the intent to harass, annoy or alarm another person, that person:
A. Subjects another person to offensive physical contact;
B. Publicly insults such other person by abusive words or gesture in a manner intended and likely to provoke a violent response; or
C. Communicates with a person, anonymously or otherwise, by telephone, mail or other form of written communication, in a manner likely to cause annoyance or alarm. [Ord. 3000 § 2(C), 1995; Ord. 355 § 11, 1985.]
9.12.070 Drinking in public places.
A. It is unlawful for any person to drink any intoxicating liquor upon any street or in any public place; provided, however, that nothing in this section contained shall be deemed to apply to the drinking of any intoxicating liquor in any establishment wherein the same may be sold for on-premises consumption under the laws of the state of Oregon.
B. Beer or wine only will be permitted as an alcoholic beverage within the city park upon permit issued by the city council. No sale of alcoholic beverages shall be allowed in the city park. Beer and wine shall be allowed by permit only between the hours of 11:00 a.m. and 7:00 p.m. and no alcoholic beverages shall remain on the park premises after or before those hours. The applicant permitted use of the park facilities for serving of beer or wine shall be held responsible and liable for any and all actions of persons provided with those alcoholic beverages and each applicant shall post a $50.00 refundable deposit with the city for purpose of use of said deposit for cleaning the park premises after the use of the park by the applicant and applicant’s guests. [Ord. 3001 § 6, 1995; Ord. 355 § 16, 1985; Ord. 139 § 1, 1983.]
9.12.080 Begging.
It is unlawful for any person to beg or solicit alms or other gratuities upon the streets or in any public place; provided, however, that this section shall not apply to the solicitation of gratuities by recognized charitable or eleemosynary associations or institutions. [Ord. 355 § 17, 1985.]
9.12.090 Animals – Poisoning of.
It is unlawful for any person to put out or place any poison where the same is liable to be eaten by any horse, cattle, sheep, hog, dog or other domestic animal. [Ord. 355 § 18, 1985.]
9.12.100 Animals – Cruelty to.
It is unlawful for any person to overwork, torture, beat, mutilate, deprive of necessary sustenance, or cruelly kill any animal. [Ord. 355 § 19, 1985.]
9.12.110 Animals – Vehicles injuring.
Any person operating a vehicle, as defined by the Uniform Traffic Act of the state of Oregon, upon the streets of the city of Culver who shall run over, strike, injure, maim or kill any domestic animal shall immediately stop and render aid to such animal, if injured, or provide for the disposition of the carcass, if such animal be killed. Such person shall in either case make due and diligent inquiry to determine the owner of such animal and, if the owner be found, he shall notify him of the occurrence. [Ord. 355 § 20, 1985.]
9.12.120 Animal carcasses – Removal.
It is unlawful for any person to suffer or permit the carcass of any animal owned by him to remain upon the public streets or ways, and no person who is the owner or occupant of any property shall suffer or permit the carcass of any animal to remain thereon. It shall be the duty of such owner or occupant forthwith to cause such carcass to be buried or other disposition made of the same. [Ord. 355 § 21, 1985.]
9.12.130 Obscene materials – Adult businesses.
A. No person shall furnish obscene material to minors or exhibit an obscene performance to a minor or sell admission tickets or otherwise provide entrance to an obscene performance to a minor, or display obscene materials to minors by any means.
B. No adult business shall be located within 2,000 feet of any church or park or school located within the city of Culver.
C. For purposes of this section, the city adopts the definitions of ORS 167.060 defining obscenities. In addition, an adult business shall constitute any business whose primary sales involve the selling of published material which includes pictures of nudity or providing play, motion picture, dance show or other presentation involving nudity, sexual conduct or any conduct intended to create sexual excitement. [Ord. 357 §§ 1 – 3, 1985.]
9.12.140 Violation – Penalty.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished as a Class A infraction, by a fine of not more than $500.00. [Ord. 355 § 26, 1985.]