Article 34.06
Applicability to City Ordinances. Revised 2/19

Sections:

34.06.146    Violations of the Sign Ordinance.

34.06.147    Violations of the Community Development Code.

34.06.148    Violations of the License Chapter.

34.06.149    Violations of the Animal and Fowl Chapter.

34.06.150    (Repealed by Ord. No. 1856; 12-28-82.)

34.06.151    Violations of the Building Regulations Chapter.

34.06.153    Violations of the Library Chapter or Rules.

34.06.154    Violation of the Fire Protection Chapter.

34.06.155    Begging (Repealed by Ord. 2811, 01/02/2019).

34.06.156    Jumping or Diving From City Structures.

34.06.157    (Repealed by Ord. No. 1918; 5-21-85.)

34.06.158    False Application.

34.06.159    Curfew.

34.06.160    (Repealed by Ord. No. 1856, 12-28-82.)

34.06.161    Inhaling Toxic Vapors.

34.06.162    Urinating or Defecating in Public.

34.06.163    (Repealed by Ord. No. 1954; 12-1-87.)

34.06.164    Violations of the Historic Preservation Chapter.

34.06.170    (Repealed by Ord. No. 1781; 12-16-80.)

34.06.175    (Repealed by Ord. No. 1781; 12-16-80.)

34.06.180    (Repealed by Ord. No. 1856; 12-28-82.)

34.06.190    (Repealed by Ord. No. 1856; 12-28-82.)

34.06.200    (Repealed by Ord. No. 1484-A; 9-5-72.)

34.06.205    (Repealed by Ord. No. 1856; 12-28-82.)

34.06.210    (Repealed by Ord. No. 1471; 6-20-72.)

34.06.215    (Repealed by Ord. No. 1856; 12-28-82.)

34.06.220    (Repealed by Ord. No. 1601; 11-18-75.)

34.06.230    (Repealed by Ord. No. 1856; 12-28-82.)

34.06.240    (Repealed by Ord. No. 1856; 12-28-82.)

34.06.250    (Repealed by Ord. No. 1856; 12-28-82.)

34.06.260    (Repealed by Ord. No. 1856; 12-28-82.)

34.06.270    (Repealed by Ord. No. 1856; 12-28-82.)

34.06.280    (Repealed by Ord. No. 1856; 12-28-82.)

34.06.290    (Repealed by Ord. No. 1856; 12-28-82.)

34.06.300    (Repealed by Ord. No. 1856; 12-28-82.)

34.06.310    (Repealed by Ord. No. 1856; 12-28-82.)

34.06.320    (Repealed by Ord. No. 1856; 12-28-82.)

34.06.330    (Repealed by Ord. No. 1856; 12-28-82.)

34.06.340    (Repealed by Ord. No. 1856; 12-28-82.)

34.06.146 Violations of the Sign Ordinance.

Violations of the sign chapter (LOC Chapter 47), as now or hereafter constituted, are hereby declared civil violations and such violations shall be enforced under the provisions of this chapter. Whenever the City Manager becomes aware of violations of the provisions of the sign chapter he may initiate enforcement measures as prescribed herein.

(Ord. No. 1856, Sec. 1; 12-28-82.) (Ord. 2231, Amended, 03/21/2000)

34.06.147 Violations of the Community Development Code.

Violations of the Community Development Code of the City of Lake Oswego (LOC Chapter 50), as now or hereafter constituted, are hereby declared civil violations and such violations may in addition to or in lieu of other remedies or enforcement measures provided by State law or ordinance be enforced under the provisions of this chapter. Whenever the City Manager becomes aware of violations of the provisions of the Community Development Code, he may initiate enforcement measures as prescribed herein.

(Ord. No. 1856, Sec. 1; 12-28-82.) (Ord. 2316, Amended, 03/05/2002; Ord. 2231, Amended, 03/21/2000)

34.06.148 Violations of the License Chapter.

Violations of the License Chapter of the Lake Oswego Code (LOC Chapter 20), as now or hereafter constituted, are hereby declared civil violations and such violations may in addition to or in lieu of any other remedies or enforcement measures provided by State law or ordinance be enforced under the provisions of this chapter. Whenever the City Manager becomes aware of violations of the provisions of the licensing chapter, he may initiate the enforcement measures as prescribed herein.

(Ord. No. 1856, Sec. 1; 12-28-82.) (Ord. 2231, Amended, 03/21/2000)

34.06.149 Violations of the Animal and Fowl Chapter.

Except as otherwise expressly stated, violations of the Animal and Fowl Chapter of the Lake Oswego Code (LOC Chapter 31), as now or hereafter constituted, are hereby declared civil violations and such violations may in addition to or in lieu of other remedies or enforcement measures provided by State law or ordinance be enforced under the provisions of this chapter. Whenever the City Manager becomes aware of violations of the provisions of the above chapter, he may cause enforcement measures to be initiated as prescribed herein.

(Ord. No. 1856, Sec. 1; 12-28-82.) (Ord. 2231, Amended, 03/21/2000)

34.06.150 (Repealed by Ord. No. 1856; 12-28-82.)

34.06.151 Violations of the Building Regulations Chapter.

Violations of the Building Regulations Chapter of the Lake Oswego Code (LOC Chapter 45), as now or hereafter constituted, are hereby declared civil violations and such violations may in addition to or in lieu of other remedies or enforcement measures provided by state law or ordinance be enforced under the provisions of this chapter. Whenever the City Manager becomes aware of violations of the provisions of said chapter he may cause enforcement measures to be initiated as prescribed herein.

(Ord. No. 1856, Sec. 1; 12-28-82.) (Ord. 2231, Amended, 03/21/2000)

34.06.153 Violations of the Library Chapter or Rules.

Violations of the Library Chapter of the Lake Oswego Code (LOC Chapter 16) as now or hereafter constituted or the rules adopted by the Library Board, are hereby declared civil violations and such violations may in addition to or in lieu of other remedies or enforcement measures provided by State law or ordinance be enforced under the provisions of this chapter. Whenever the City Manager becomes aware of violations of the provisions of the above chapter, he may cause enforcement measures to be initiated as prescribed herein.

(Ord. No. 1856, Sec. 1; 12-28-82.) (Ord. 2231, Amended, 03/21/2000)

34.06.154 Violation of the Fire Protection Chapter.

Violations of the Fire Protection Chapter of the Lake Oswego Code (LOC Chapter 15) as now or hereafter constituted are hereby declared civil violations and such violations may in addition to or in lieu of other remedies or enforcement measures provided by State law or ordinance be enforced under the provisions of this chapter. Whenever the City Manager becomes aware of violations of the provisions of the above chapter, he may cause enforcement measures to be initiated as prescribed herein.

(Ord. No. 1856, Sec. 1; 12-28-82.) (Ord. 2231, Amended, 03/21/2000)

34.06.155 Begging (Repealed by Ord. 2811, 01/02/2019). Revised 2/19

34.06.156 Jumping or Diving From City Structures.

It shall be unlawful and a civil violation for any person to jump or dive from any bridge, dolphin, pier, dock or other City Structure.

(Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 2060, Sec. 1; 06-02-92.) (Ord. 2231, Amended, 03/21/2000)

34.06.157 (Repealed by Ord. No. 1918; 5-21-85.)

34.06.158 False Application.

It shall be unlawful and a civil violation for any person to knowingly make a false application for any permit, license, claim, right or other privilege or a renewal or reapplication thereof. A person commits the offense of false application if the person performs any of the following acts:

1.    Uses or gives a false or fictitious name, identity, address, age or status,

2.    Makes a false statement,

3.    Conceals a material fact, and

4.    Commits any other fraud in any such application.

(Ord. No. 1856, Sec. 1; 12-28-82.) (Ord. 2231, Amended, 03/21/2000)

34.06.159 Curfew.

1.    It shall be unlawful and a civil violation for any child under the age of eighteen years to be in or remain in or upon any street, alley, park or other public place between the hours specified herein.

2.    It shall be unlawful and a civil violation for any parent, guardian or person having the care or custody of a child under the age of eighteen years to knowingly permit, or by insufficient control allow, a child to violate subsection (1) of this section.

3.    It is a defense to prosecution under subsections (1) or (2) of this section that the child was:

a.    accompanied by, or on an errand at the direction of, a parent, guardian or other person of the age of eighteen years or more authorized by a parent or guardian to have the care and custody of the child on the occasion in question;

b.    in a motor vehicle involved in interstate travel;

c.    engaged in an employment activity, or going to or returning home from an employment activity;

d.    involved in an emergency consisting of an unforeseen combination of circumstances or the resulting state that calls for immediate action, including, but not limited to, a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life;

e.    on the public right of way abutting the child’s residence;

f.    attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Lake Oswego, a civic organization or another similar entity that takes responsibility for the child;

g.    exercising First Amendment rights protected by the United States Constitution; or

h.    emancipated pursuant to ORS 109.550 to 109.565.

4.    For the purpose of this section the applicable hours shall be: As to children under fourteen years of age who have not begun high school, between 10:15 p.m. and 6:00 a.m. of the following morning; as to children fourteen years of age or over or who have begun high school, between 12:00 midnight and 6:00 a.m. of the following morning.

5.    Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place during curfew hours. The officer shall not issue a citation or take the child into custody under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses or other circumstances, no defense under subsection (3) of this section is present or applicable.

(Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 2153, Amended, 07/15/97) (Ord. 2492, Amended, 09/06/2007; Ord. 2231, Amended, 03/21/2000)

34.06.160 (Repealed by Ord. No. 1856, 12-28-82.)

34.06.161 Inhaling Toxic Vapors.

It shall be unlawful and a civil violation for any person to knowingly inhale or breathe any drug, vapor, chemical or other substance containing ketones, aldehydes, organic acetates, amylnitrates, ether, chlorinated hydrocarbons or other substance or combination of substances which releases vapor in such quantity as to cause or produce conditions of intoxication, inebriation, excitement, stupefaction, hallucination or dulling of the brain or nervous system, with the intention that such condition upon the body or mind result. It is a defense that the inhalation of such substance is required, directed or prescribed by a duly licensed physician or dentist.

(Ord. No. 1856, Sec. 1; 12-28-82.) (Ord. 2231, Amended, 03/21/2000)

34.06.162 Urinating or Defecating in Public.

It is unlawful and a civil violation for any person in a public place or in view of a public place to urinate or defecate, except in public restrooms designed for such purpose.

(Ord. No. 1856, Sec. 1; 12-28-82.) (Ord. 2231, Amended, 03/21/2000)

34.06.163 (Repealed by Ord. No. 1954; 12-1-87.)

34.06.164 Violations of the Historic Preservation Chapter.

Violations of the Historic Preservation provisions of the Lake Oswego Code (LOC 50.06.009 and 50.07.004.4), except a violation of the demolition provisions of LOC 50.06.009.6 and 50.07.004.4.b, as now or hereafter constituted, are hereby declared civil violations and such violations may, in addition to or in lieu of other remedies or enforcement measures provided by State law or City Code, be enforced under the provisions of this chapter. Whenever the City Manager becomes aware of violations of the provisions of the above chapter, the City Manager may cause enforcement measures to be initiated as prescribed herein.

(Ord. 2579, Amended, 03/20/2012; Ord. 2231, Amended, 03/21/2000; Ord. 2000, Sec. 3, 03/14/1990)

34.06.170 (Repealed by Ord. No. 1781; 12-16-80.)

34.06.175 (Repealed by Ord. No. 1781; 12-16-80.)

34.06.180 (Repealed by Ord. No. 1856; 12-28-82.)

34.06.190 (Repealed by Ord. No. 1856; 12-28-82.)

34.06.200 (Repealed by Ord. No. 1484-A; 9-5-72.)

34.06.205 (Repealed by Ord. No. 1856; 12-28-82.)

34.06.210 (Repealed by Ord. No. 1471; 6-20-72.)

34.06.215 (Repealed by Ord. No. 1856; 12-28-82.)

34.06.220 (Repealed by Ord. No. 1601; 11-18-75.)

34.06.230 (Repealed by Ord. No. 1856; 12-28-82.)

34.06.240 (Repealed by Ord. No. 1856; 12-28-82.)

34.06.250 (Repealed by Ord. No. 1856; 12-28-82.)

34.06.260 (Repealed by Ord. No. 1856; 12-28-82.)

34.06.270 (Repealed by Ord. No. 1856; 12-28-82.)

34.06.280 (Repealed by Ord. No. 1856; 12-28-82.)

34.06.290 (Repealed by Ord. No. 1856; 12-28-82.)

34.06.300 (Repealed by Ord. No. 1856; 12-28-82.)

34.06.310 (Repealed by Ord. No. 1856; 12-28-82.)

34.06.320 (Repealed by Ord. No. 1856; 12-28-82.)

34.06.330 (Repealed by Ord. No. 1856; 12-28-82.)

34.06.340 (Repealed by Ord. No. 1856; 12-28-82.)