Chapter 9.16
OFFENSES AGAINST PUBLIC PEACE AND DECENCY
Sections:
9.16.030 Consumption of alcohol.
9.16.040 Inhaling toxic vapors.
9.16.090 Interfering with privacy.
9.16.130 Amusement concessions or games.
9.16.140 Reckless or intentional use of laser lights on others.
9.16.010 Conduct in taverns.
No owner, proprietor, employee or person in charge of any bar, tavern, lounge or other place where intoxicating liquor is regularly sold to the public shall permit or suffer any disorderly conduct, as defined in ORS 166.025, to take place on the premises. (Ord. 763 § 5-505, 1989)
9.16.020 Liquor control.
No person shall make a statement of age that is false in whole or in part or produce any evidence that would falsely indicate his or her age for purposes of purchasing, securing or otherwise acquiring any alcoholic liquor or for the purpose of gaining admission or admittance to any place where alcoholic liquors are sold which would otherwise not permit such person to be on the premises. (Ord. 763 § 5-506, 1989)
9.16.030 Consumption of alcohol.
A. Except while on the premises of an establishment wherein intoxicating liquor may be sold for on-premises consumption under the laws of the state of Oregon, no person shall drink intoxicating liquor or use controlled substances while on any street, sidewalk or public park within the corporate limits of the city, or in a motor vehicle in a public place.
B. Except while on the premises of an establishment wherein intoxicating liquors may be sold for on-premises consumption under the laws of the state of Oregon, no person shall stand, walk or otherwise travel on a sidewalk or other public place while carrying an open container which has within it any intoxicating liquor. (Ord. 763 § 5-507, 1989)
9.16.040 Inhaling toxic vapors.
No person shall smell or inhale toxic vapors for the purpose of causing a condition of intoxication, inebriation, euphoria, excitement, exhilaration, stupefaction or dulling of the senses or nervous system. (Ord. 763 § 5-611, 1989)
9.16.050 Prostitution.
A. No person shall engage in any act of prostitution.
B. A person engages in an act of prostitution if:
1. The person engages in or offers or agrees to engage in sexual conduct or sexual contact in return for a fee; or
2. The person pays or offers or agrees to pay a fee to engage in sexual conduct or sexual contact.
C. For purposes of this section:
1. “Sexual conduct” means sexual intercourse or deviate sexual intercourse, as defined in ORS 163.305.
2. “Sexual contact” means any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either party or a third party. (Ord. 763 § 5-612, 1989)
9.16.060 Public indecency.
A. A person commits the crime of public indecency if while in, or in view of, a public place the person performs:
1. An act of sexual intercourse; or
2. An act of deviate sexual intercourse; or
3. An act of exposing the genitals of the person with the intent of arousing the sexual or other desire of the person or another person.
B. As used in this section, the terms “sexual intercourse” and “deviate sexual intercourse” have the meaning found in ORS 163.305. (Ord. 763 § 5-613, 1989)
9.16.070 Prohibited nudity.
It is unlawful for any person eight years of age or older to expose his or her genitalia, pubic area or any portion of the female breast below the top of the areola while in a public place, or a place visible from a public place, if the public place is open or available to persons of the opposite sex. (Ord. 763 § 5-614, 1989)
9.16.080 Public urination.
No person shall urinate or defecate on, or in view of, publicly owned property, except in a lavatory. (Ord. 763 § 5-615, 1989)
9.16.090 Interfering with privacy.
No person shall look or peep in the door or window of a building or structure which is inhabited or used as a dwelling without the consent of, or without lawful business with, the owner or occupant thereof. (Ord. 763 § 5-616, 1989)
9.16.110 Gambling.
A. As used in this section and Section 9.16.120, “gambling” means the use of a game, machine, device or contest, whether played for money, check, credit or other representative of value, in which the element of chance is controlling, in which a charge is made to participate, and in which the winner is selected primarily on the basis of chance.
B. No person shall participate in, operate or assist in operating a gambling game or activity, including a lottery except as authorized by state law.
C. No person shall have in his possession any property, instrument or device designed or adapted for use in any type of gambling activity, unless such possession is authorized by state law. Such property, instrument or device is a nuisance and may be summarily seized by a police officer. Property so seized shall be placed in the custody of the chief of police. Upon conviction of the person owning or controlling the property for a violation of this section, the municipal judge shall order the property confiscated and destroyed and the money found in the machines deposited in the city general fund. (Ord. 763 § 5-621, 1989)
9.16.120 Disorderly houses.
A. “Disorderly house” means a house or place kept or maintained for the purpose of prostitution, as that term is defined in Section 9.16.050, gambling, or other offenses, including a place, room or building used for the consumption, sale or disposition of liquor or narcotics or dangerous drugs contrary to law.
B. No person shall establish, maintain or aid in the establishment or maintenance of a disorderly house.
C. No person shall knowingly visit or frequent a disorderly house; provided, that this section shall not apply to physicians and public officers acting in the discharge of their professional duties.
D. No person shall knowingly lease a building under his or her control for the purposes of a disorderly house. A person whose property has been leased and is used as a disorderly house shall, upon learning of its use, immediately take appropriate action to oust the occupants thereof.
E. No person shall solicit or entice another person to visit or enter a disorderly house. (Ord. 763 § 5-622, 1989)
9.16.130 Amusement concessions or games.
A. It is unlawful for any person to manage, operate or profit from any unlawful amusement game or concession.
B. As used in this section, “unlawful amusement game or concession” includes the following activities where prizes or other inducements to play other than an opportunity to continue playing are offered:
1. Any amusement concession or game in which any physical limitations affecting the degree of skill necessary to win such amusement concession or game are not readily visible to the player unless a duplicate thereof, which does disclose such physical limitations, is displayed, at the location where such amusement concession or game is played, so as to be readily visible to patrons and contestants;
2. Any amusement concession or game, in which the winning of such amusement concession or game depends upon the patron’s or contestant’s ability to throw or project an object, unless all such objects available for use by any single patron or contestant are uniform in size and weight;
3. Any amusement concession or game, in which the ability of the patron or contestant to win depends upon the throwing or projecting of an object, unless there exists an unobstructed air space of at least eighteen (18) inches in height above the highest point of any surface, object or place upon which such object must land to win such amusement concession or game;
4. Any amusement concession or game in which any target, which must be struck, hit, overturned, broken or passed through is tilted or inclined in any manner so as to give any advantage to such manager or operator;
5. Any amusement concession or game in which any material or substance has been placed on any target so as to give any advantage to such manager or operator;
6. Any amusement concession or game in which utilizes any device, whether mechanical or electrical, other than the target and the objects to be thrown or projected at that target, which increases or decreases the opportunity of any patron or contestant to win such amusement concession or game;
7. Any amusement concession or game, in which the patron or contestant is required to shoot a firearm, air gun, pellet gun, BB gun or similar device at a target in order to win such amusement concession or game, unless all of the ammunition utilized in such devices is uniform in type, size and weight and such devices are physically fixed, attached or controlled to ensure that they can only be pointed toward the target area. The utilization of such devices in compliance with this subsection shall be authorized as an exception to, and not be deemed a violation of this section;
8. Any amusement concession or game in which, as a condition of winning such amusement concession or game, a part or all of a target must be destroyed or obliterated, unless the patron or contestant in such amusement concession or game is permitted, at his request, to have such target(s) brought to him for his inspection at any time(s) after he has paid to play and has concluded such contest but before he has left such amusement concession or game location. (Ord. 763 § 5-623, 1989)
9.16.140 Reckless or intentional use of laser lights on others.
It is unlawful to intentionally or recklessly shine, project or otherwise cause or allow a laser light to be used upon any person in such a manner that might reasonably cause injury to anyone. Any device used for focusing a narrow, intense beam of light by means of amplification or concentration shall be considered a laser light. (Ord. 912 § 1, 1999)