Chapter 9.20
PROPERTY OFFENSES
Sections:
9.20.020 Injury to or removal of city property.
9.20.040 Unlawful to enter motor vehicle without consent of owner.
9.20.050 Blocking passageways.
9.20.060 Sidewalk cellar doors and grates.
9.20.070 Obstructing sidewalks and streets.
9.20.080 Owner’s responsibility to maintain sidewalks and driveway approaches.
9.20.090 Public responsibilities–Hauling waste.
9.20.010 Prohibited camping.
A. Definitions. As used in this section:
1. “To camp” means to set up or remain in or at a campsite.
2. “Campsite” means any place where any bedding, sleeping bag, or other material is used for bedding purposes, or any stove or fire is placed, established or maintained for the purpose of maintaining a place to live, whether or not such place incorporates the use of a tent, lean-to, shack or other structure, or a vehicle or part thereof.
3. “Designated use sleeping area” means an area controlled by the City of Sutherlin and designated by the City Manager as a place to sleep.
B. No person shall camp in or upon any sidewalk, street, alley, lane, public right-of-way, park, bridge, viaduct, or any other publicly owned property, unless:
1. There is no availability in the designated use sleeping area; and
2. There is no availability in local area emergency shelters; and
3. The person camping does not otherwise have available shelter; and
4. It is between the hours of 9:30 pm and 6:30 am; or
5. The camping is otherwise specifically authorized by this code or by declaration of the city council in emergency circumstances. (Ord. 1083 § 1 (Exh. A), 2021; Ord. 763 § 5-140, 1989)
9.20.020 Injury to or removal of city property.
A. No person, unless duly authorized by the city, shall cut, remove, deface, injure or in any manner damage real or personal property owned or occupied by the city whether that property is located in or outside the city corporate limits.
B. No person shall retain any property belonging to the city after the same or a portion thereof has been demanded by the city manager or other person duly authorized to make such demand. (Ord. 763 § 5-154, 1989)
9.20.030 Trespass.
No person shall trespass upon real or personal property belonging to another. (Ord. 763 § 5-304, 1989)
9.20.040 Unlawful to enter motor vehicle without consent of owner.
No person, except an authorized officer of the law, or other person directed by such officer or a person performing under a contract for the removal and towing and storage of vehicles in behalf of the city shall, without the consent of the owner or person lawfully in charge of a motor vehicle, climb upon or into such motor vehicle, whether the same be at rest or in motion; or while such motor vehicle is unattended, attempt to manipulate any of the levers, the starting crank, or other device, brakes or mechanism or to set the vehicle in motion. (Ord. 763 § 5-305, 1989)
9.20.050 Blocking passageways.
A. No person or group of persons shall gather or stand upon a sidewalk or other passageway in such a manner as to prevent, impede or obstruct the free passage of pedestrian traffic.
B. No person or group of persons obstructing the free passage of pedestrian traffic shall fail or refuse to move on or disperse when lawfully ordered to do so by a police officer. (Ord. 763 § 5-651, 1989)
9.20.060 Sidewalk cellar doors and grates.
No owner or person in control of property abutting a sidewalk shall permit a cellar door or grate located on that sidewalk to remain open except when such entrance is being used. When such entrance is being used, the owner or person in control of the property abutting the sidewalk shall insure there are adequate safeguards for pedestrians using the sidewalk. (Ord. 763 § 5-652, 1989)
9.20.070 Obstructing sidewalks and streets.
A. Except as otherwise permitted by ordinance, or authorized by the city manager or the manager’s designee, and except for subsection B of this section, no person shall:
1. Obstruct the free movement of vehicles or pedestrians using a passageway;
2. Park or stand a vehicle in such a manner or location that it constitutes a hazard to public safety or an obstruction of a passageway;
3. Cut or split wood on a passageway;
4. Carry or haul putrefactive material in other than a closed container;
5. Unless otherwise authorized by ordinance, set up or operate a vehicle, stand or place for the display or sale of merchandise, or sell, vend or display for sale an article in the street or on the sidewalks or in doorways or stairways of business houses, or in any other place where such activity causes congregation and congestion of people or vehicles on passageways;
6. Place or maintain gasoline pumps or similar devices for vending volatile oils on a passageway.
B. Merchandise, boxes, building materials, household goods, or other things or articles may be left on sidewalks for not more than two hours when in the course of receipt or delivery. (Ord. 763 § 5-653, 1989)
9.20.080 Owner’s responsibility to maintain sidewalks and driveway approaches.
A. The owner of land abutting a sidewalk shall maintain the sidewalk and the driveway approaches in good repair and safe condition.
B. The owner shall be liable for injury, damage or loss to person or property caused by the owner’s negligent failure to comply with this section.
C. The city shall not be liable for injury, damage or loss to any personal property caused in whole or in part by the defective condition of any sidewalk or driveway approach.
D. The city manager or the manager’s designee may serve notice on the owner to reconstruct or repair the abutting or adjoining sidewalk or driveway approach as conditions may require.
E. Neither the duty of the owner to maintain the sidewalk and the driveway approach in good repair and safe condition, nor liability for owner’s failure to do so is dependent upon the notice from the city to reconstruct or repair.
F. The owner shall defend and hold harmless the city from all claims for loss or damage arising from the owner’s failure to comply with subsection A of this section.
G. If the city manager or the manager’s designee determines that a sidewalk or driveway abutting property is to be repaired or reconstructed, a notice shall be sent to the owner of the property by first-class mail to the owner’s last known address, or, if no address is known, to the address on the current county assessor records. The notice shall state the repair or reconstruction required, the time limit for complying with the requirement, and how the cost shall be borne.
H. The owner may seek the city manager’s or the manager’s design approval of owner specifications to make the repair him or herself within twenty (20) days of the date the notice is sent. If approved, the owner shall conduct the repair or reconstruction work in accordance with the approved specifications within twenty (20) days of the approval.
I. If the owner does not make the repair in accordance with approved specifications, the city manager of the manager’s designee may cause the repair or reconstruction work to be performed either with city forces or by private contract. The owner shall be charged for the repair or reconstruction at a rate established by the city council which shall cover the costs of the work including, but not limited to, labor, supervision, inspection, billing, overhead, interest on warrants or overhead, and additional costs for any extraordinary aspect the project entails. The city manager or the manager’s designee may collect the cost of the repair or reconstruction from the owner or cause the cost of the repair or reconstruction to be assessed against the property and made subject to lien and foreclosure. (Ord. 763 § 5-654, 1989)
9.20.090 Public responsibilities–Hauling waste.
When a person transports waste to a disposal site or transfer station, such person shall not:
A. Dispose of waste at any place other than a lawful and authorized disposal site or transfer station;
B. Fail to enclose waste in a receptacle, container, box, trailer or vehicle, or otherwise allow waste to drop, sift, leak or escape onto any private or public property. (Ord. 763 § 5-655, 1989)