Chapter 5.40
MAJOR INFRACTIONS

Sections:

5.40.005    Acquisition and Retention of Articles Missing Serial Numbers.

5.40.010    Civil Exclusion Zones.

5.40.015    Civil Exclusion.

5.40.020    Exclusion Enforcement.

5.40.025    Issuance of Exclusion Notices.

5.40.030    Procedure for Exclusion.

5.40.035    Appeal and Variance.

5.40.040    Discharge of Weapons.

5.40.045    Interfering with a Police Dog.

5.40.050    Misrepresentation of City of Bend Affiliation.

5.40.085    Trespass to Vehicle.

5.40.005 Acquisition and Retention of Articles Missing Serial Numbers.

A.    No person shall knowingly buy, sell, receive, dispose of, conceal, or possess any item of value from which the manufacturer’s nameplate, serial number or any other distinguishing number or identification mark has been intentionally removed, defaced, covered, altered or destroyed.

B.    It shall be an affirmative defense to a charge brought under subsection (A) of this section that the defendant is the owner of the property.

C.    The Bend Police Department shall treat the property described in subsection (A) of this section as stolen. Prior to being disposed of or being returned to the owner, the Police Department may attach an identification mark on the item.

D.    Subsection (A) of this section does not apply if the identification has become illegible or unattached through normal wear.

E.    A violation of this section is a Class A civil infraction. [Ord. NS-2142, 2010]

5.40.010 Civil Exclusion Zones.

Civil exclusion zones are designated to protect the public from those whose illegal conduct poses a threat to safety and welfare.

A.    Civil exclusion zones include the following places:

1.    Public Places. The breezeway between the western terminus of Minnesota Street to and through the Riverfront Plaza; and all publicly owned property from the eastern side of Brooks Alley to Drake Park between Franklin Avenue and Oregon Avenue.

2.    Public Parks. All public parks, including parks owned and/or managed by the Bend Metropolitan Park and Recreation District.

3.    Downtown District. The Downtown District described as follows:

Beginning at the northeast side of Newport/Greenwood Avenue and the Deschutes River, thence southwest along the Deschutes River to the boundary of Drake Park, then southeast and then southwest along the Drake Park boundary to Franklin Avenue, then northwest along Franklin Avenue to the northwest corner of Franklin Avenue and Broadway Street, then southwest on the northwest side of Broadway Street to the southwest side of Idaho Avenue, thence southeast on Idaho Avenue to the southeast side of Bond Street, thence northeast on Bond Street to the southwest side of Kansas Avenue, then southeast on Kansas Avenue to the southeast side of Lava Road, thence northeast on Lava Road to the south side of Franklin Avenue, thence east to the west side of Harriman Street, thence north on the east side of Harriman Street to the north side of Greenwood Avenue, thence west on Greenwood Avenue to the point of beginning (as shown on Map A). [Ord. NS-2245, 2015; Ord. NS-2144, 2010; Ord. NS-2142, 2010]

5.40.015 Civil Exclusion.

A person is subject to exclusion for a period of 90 days from entering or remaining within a civil exclusion zone if that person has been cited to appear, arrested or otherwise taken into custody within a civil exclusion zone for:

A.    Any assault, as defined by ORS 163.160 through 163.185 and 163.208;

B.    Strangulation, as defined by ORS 163.187;

C.    Menacing, as defined by ORS 163.190;

D.    Harassment, as defined by ORS 166.065 and 166.070;

E.    Disorderly conduct, as defined by ORS 166.023 and 166.025;

F.    Recklessly endangering, as defined by ORS 163.195;

G.    Coercion, as defined by ORS 163.275;

H.    Any sexual offense, as defined by ORS 163.355 through 163.465;

I.    Endangering the welfare of a minor, as defined by ORS 163.575;

J.    Any offense under State law governing the possession, distribution, sale or manufacture of a controlled substance;

K.    Any offense under State law governing the possession, use, distribution or sale of alcoholic beverages;

L.    Possession or using a weapon in violation of ORS 166.180, 166.190, 166.220, 166.240, 166.250 or 166.272 or BC 5.40.040;

M.    Any degree of criminal mischief, as defined by ORS 164.305 through 164.365;

N.    Graffiti as defined in ORS 164.381 through 164.386;

O.    Arson or reckless burning as defined in ORS 164.305 through 164.335;

P.    Theft as defined in ORS 164.015 through 164.095;

Q.    Littering, as defined in ORS 164.775 through 164.805;

R.    Possession of tobacco by a minor in violation of ORS 167.400;

S.    Two or more citations for drinking at an unlicensed premises within 12 months;

T.    Violation of Section 47, 49, 54, 56, 57 or 73 of 2014 Oregon Ballot Measure 91;

U.    Two or more violations of BC 5.20.025, 5.20.035 or 5.20.040 within 12 months. [Ord. NS-2245, 2015; Ord. NS-2144, 2010; Ord. NS-2142, 2010]

5.40.020 Exclusion Enforcement.

If a person excluded from a civil exclusion zone is found within the perimeter of the civil exclusion zone during the exclusion period, that person may be arrested for trespass in the second degree, as defined by ORS 164.245. A person is not considered to be within the civil exclusion area if the person is within a vehicle that is passing through the exclusion area. [Ord. NS-2245, 2015; Ord. NS-2142, 2010]

5.40.025 Issuance of Exclusion Notices.

The Chief of Police is designated as the person in charge of civil exclusion zones for the purpose of issuing exclusion notices in accordance with this chapter. The Chief of Police may authorize employees of the Police Department to issue exclusion notices in accordance with this chapter. [Ord. NS-2245, 2015; Ord. NS-2142, 2010]

5.40.030 Procedure for Exclusion.

A.    At the time a person is cited to appear, arrested or otherwise taken into custody within a civil exclusion zone for any of the offenses specified in BC 5.40.015, the officer making such arrest may deliver to that person a written notice excluding that person from the civil exclusion zone. Any exclusion notice shall not take effect until the sixth day after the notice is issued.

B.    The notice shall specify the area from which the person is excluded, the length of the exclusion, the penalty for entering the excluded area and contain information concerning the right to appeal the exclusion to the Judge of the Municipal Court.

C.    The person to whom the exclusion is issued shall sign a written acknowledgement of receipt of the notice. If that person refuses to sign the acknowledgement, the arresting officer shall make a written record of the refusal. [Ord. NS-2245, 2015; Ord. NS-2142, 2010]

5.40.035 Appeal and Variance.

A.    The person to whom an exclusion notice is issued shall have the right to an appeal from the issuance of the notice. The exclusion notice will notify the person of the right to appeal and process for appeal.

1.    An appeal of the exclusion must be filed, in writing, within five calendar days of the issuance of the notice. The appeal must be filed with the Municipal Court. If the fifth day is a day on which the Municipal Court is not open, the appeal may be filed on the first day the Municipal Court is open for business, and the exclusion shall not take effect until the close of business on that day. A hearing on the appeal shall be held before the Judge of the Municipal Court within 20 calendar days of the appeal. The exclusion shall be stayed during the pendency of the appeal.

2.    The City shall have the burden to show by a preponderance of evidence that the exclusion was based upon the conduct proscribed by BC 5.40.015. Copies of documents in its control and which are intended to be used by the City at the hearing shall be made available to the appellant at least two days prior to the hearing.

3.    A determination by a court having jurisdiction of the matter that the officer who issued the exclusion notice at the time had probable cause to arrest the person to whom the exclusion notice was issued for the conduct described in BC 5.40.015 shall be prima facie evidence that the exclusion was based on conduct prohibited by those statutes.

B.    Variances from the exclusion may be granted at any time during the exclusion period by the Chief of Police, or by the Municipal Court.

C.    The Chief of Police or the Municipal Court shall grant a variance to any person who can establish that he or she is a resident of the exclusion zone, is employed within the exclusion zone, or will use the waiver to visit the residence of a family member, to consult with an attorney, to attend religious services or otherwise exercise a constitutional right. A variance may also be granted when, in the discretion of the Chief of Police or the Municipal Court, the exclusion order is no longer necessary to preserve public safety. The denial of a variance may be appealed within five days to the Municipal Court using the same procedures as for an appeal of the imposition of the exclusion.

D.    All variances shall be in writing, for a specific period of time and only to accommodate a specific purpose, all of which shall be stated on the variance.

E.    The person shall keep the variance on his or her person at all times the person is within the exclusion area. [Ord. NS-2245, 2015; Ord. NS-2142, 2010]

5.40.040 Discharge of Weapons.

A.    Except as provided in subsection (B) of this section, no person other than an authorized peace officer acting in the course and scope of duty, shall fire or discharge any gun, weapon, airsoft gun; or other device which is spring or air-actuated that propels pellets, bbs, or bearings, or any weapon that propels a projectile by use of a bow, sling, or explosives.

B.    The following actions are exempt from subsection (A) of this section if conducted under circumstances that do not present an unreasonable risk of harm to any person or property:

1.    The firing or discharge of any weapon or other device at a fully enclosed range designed and constructed for the type of weapon or other device discharged.

2.    The firing or discharge of paintballs at a facility in which all participants have consented to engage in paintball activities.

3.    The firing or discharge of paintballs, airsoft guns or toys on private property so long as the projectile remains on the property from which it was discharged.

4.    The use of nail guns or other carpentry tools being used for their intended purpose.

5.    Animal control measures taken by Federal, State, county, district and local agencies.

C.    It shall be an affirmative defense to subsection (A) of this section that the person was acting in defense of life or property and under circumstances that would warrant the use of deadly force under Oregon law.

D.    It shall be an affirmative defense to subsection (A) of this section that the person was test firing or discharging the weapon, as a necessary part of the person’s lawful business operations while utilizing a bullet trap under circumstances that did not present an unreasonable risk of harm to any person.

E.    A violation of this section is a Class A civil infraction. [Ord. NS-2254, 2015; Ord. NS-2142, 2010]

5.40.045 Interfering with a Police Dog.

A.    Definitions. For purposes of this code section, the following definitions apply:

1.    Peace officer means a municipal police officer, sheriff, constable, marshal, member of the Oregon State Police or investigator of the Criminal Justice Division of the Department of Justice and such other persons as may be designated by law.

2.    Police dog means a dog used in police work under the control of a peace officer.

B.    A person commits the offense of interfering with a police dog if the person intentionally or knowingly kills, disables, tortures, injures, torments, kicks, strikes, chokes, throws an object at or in any other way tampers or interferes with any police dog, knowing the dog to be a police dog, while the dog is being caged, kenneled, transported, exhibited, exercised or used in discharging or attempting to discharge any lawful duty or function as a police dog.

C.    A violation of this section is a Class A civil infraction. [Ord. NS-2142, 2010]

5.40.050 Misrepresentation of City of Bend Affiliation.

A.    No person or business shall market their business in any way that implies endorsement by or connection with the City of Bend.

1.    Use or depiction of Bend Police Department uniforms, vehicle(s), images or badges without approval of the Chief of Police is prohibited.

2.    No person shall create or use a uniform, vehicle or badge that is similar to those of the Bend Police Department in marketing a business.

3.    No unauthorized person shall take any action or represent themselves as being affiliated with the City of Bend.

B.    For purposes of this section, City of Bend means the governmental entity that is the City of Bend.

C.    A violation of this section is a Class A civil infraction. [Ord. NS-2142, 2010]

5.40.085 Trespass to Vehicle.

A.    A person commits trespass to a vehicle if, without having a right to do so or having reasonable grounds to believe to have such a right, the person:

1.    Knowingly or intentionally climbs upon or enters the vehicle either bodily or with an instrument capable of damaging or removing property from the vehicle; or

2.    Knowingly or intentionally tampers with the locks, latch mechanisms, hood release, engine, body, trim, undercarriage, running gear, fuel tank or fuel intake, antenna, electric or electronic equipment, wheels, steering mechanism, brakes, or any part of any such equipment.

B.    It is an affirmative defense to a prosecution under this section that the person engaged in the conduct described in order to prevent imminent damage to the vehicle, persons, animals or other property.

C.    A violation of the provisions of this section is a Class A misdemeanor. [Ord. NS-2142, 2010]