Chapter 9.04
GENERAL PROVISIONS
Sections:
9.04.020 Adoption of state laws.
9.04.030 Offenses outside the city limits.
9.04.040 Offenses–Attempt to commit.
9.04.010 Definitions.
Except as the context indicates otherwise, as used in this chapter:
“City” means the city of Sutherlin.
“Council” means the governing body of the city.
“Dangerous or deadly weapon” means and includes a firearm, metal knuckles, straight razor, weapon of the type commonly known as a nunchaku, blackjack, sap or sap glove, any type of knife having a blade that projects or swings into position by force of a spring or by centrifugal force and commonly known as a switchblade knife or butterfly knife, and any type of a knife which has more than one sharpened blade or point which is designed for throwing and commonly known as a throwing star. When carried with intent to use the same unlawfully against another, “dangerous or deadly weapon” also includes any instrument or device capable of inflicting injury to the person or property of another.
“Minor” means a person under the age of twenty-one (21) years, except as otherwise provided.
“Passageway” means a street, sidewalk, unpaved walkway or bicycle path used for pedestrian, bicycle or vehicular traffic.
“Person” means a natural person, firm, partnership, association or corporation, whether he is acting for himself or as the clerk, servant, employee or agent of another.
“Public place” means any building, place of accommodation, whether publicly or privately owned, open and available to the general public.
“Public way” means any street, road, alley, right-of-way or pedestrian or bicycle easement for public use which is controlled by the city.
“Sidewalk” means the improved part of a street right-of-way that is intended for pedestrian use between the curb-lines or the lateral lines of a roadway and the adjacent property lines.
Wherever necessary for the proper interpretation of this code, the masculine shall include the feminine and the singular shall include the plural. (Ord. 763 § 5-001, 1989)
9.04.020 Adoption of state laws.
A. Except as otherwise noted, all references to state law or to the Oregon Revised Statutes are those statutes as adopted by the Oregon Legislature and published in the Oregon Revised Statutes, as amended from time to time.
B. Unless otherwise defined in a Sutherlin ordinance, those definitions in the Oregon Revised Statutes which apply to a section of ORS adopted by a Sutherlin ordinance are incorporated by reference and adopted.
C. Unless otherwise noted in a Sutherlin ordinance, all terms, standards and statutes incorporated by a section of the Oregon Revised Statutes adopted by a Sutherlin ordinance, or which are necessary for the operation of such a section of the Oregon Revised Statutes, are incorporated by reference and adopted. (Ord. 875 § 3(H) (part), 1997; Ord. 763 § 5-002, 1989)
9.04.030 Offenses outside the city limits.
Where permitted by Oregon law, an act made unlawful by this code shall constitute an offense when committed in an area owned or occupied by the city, even though outside the corporate limits of the city. (Ord. 763 § 5-003, 1989)
9.04.040 Offenses–Attempt to commit.
A person who shall attempt to commit any of the offenses mentioned in this code or any ordinance of the city, but who for any reason is prevented from consummating such act, shall be deemed guilty of an offense. A person attempts to commit an offense when the person intentionally engages in conduct which constitutes a substantial step toward commission of the offense. (Ord. 763 § 5-004, 1989)
9.04.050 Manager’s duties.
In establishing a rule required by any section of this chapter, or in issuing a permit required by any section of this chapter the city manager shall consider, where applicable, the following matters:
A. The purpose of the requirement for a rule or permit;
B. The value of the city property involved in the rule or permit;
C. The administrative costs of issuing and enforcing any permit;
D. The intended public use giving rise to the permit; and
E. The public health and safety.
The manager shall notify, in writing, the applicant for a permit of the manager’s decision. An applicant may appeal the decision of the manager to the city council, which shall consider the same matters, and which shall make a final decision on the matter. (Ord. 763 § 5, 1989)