Chapter 9.05
GENERAL OFFENSES

Sections:

I. General Provisions

9.05.005    Effective date of state statute.

9.05.010    Definitions and exception for felonies.

II. Disorderly Conduct and Related Offenses

9.05.020    Disorderly conduct.

9.05.030    Drinking in public places.

9.05.031    Prostitution.

9.05.032    Frequenting a place where controlled substances are used.

9.05.033    Harassment.

9.05.034    Possession of controlled substances.

9.05.035    Public conduct.

III. Firearms and Fireworks

9.05.040    Discharge of firearms.

9.05.050    Fireworks.

IV. Offenses Related to Property

9.05.060    Theft.

9.05.070    Trespass.

9.05.080    Criminal mischief.

9.05.081    Forgery and related offenses.

9.05.082    Repealed.

9.05.083    Prohibited camping.

V. Minors

9.05.090    Child neglect.

9.05.100    Use of invalid license.

9.05.110    Providing liquor to persons under 21 or intoxicated persons.

9.05.120    Purchase or possession of liquor by minors.

VI. Animals

9.05.130    Cruelty to animals.

VII. Obstructing Governmental Administration

9.05.140    Unsworn falsification.

9.05.150    Obstructing governmental administration.

9.05.160    Tampering with public records.

9.05.170    Impersonation.

9.05.180    Initiating a false report.

9.05.190    Giving false information to police officer for a citation.

9.05.200    Giving false information to city attorney.

9.05.210    Refusal to assist in fire fighting operations.

9.05.220    Refusing to assist a peace officer.

9.05.230    Resisting arrest.

9.05.240    Escape.

VIII. Street and Sidewalk Offenses

9.05.250    Obstruction of fire hydrants.

IX. Transportation of Refuse

9.05.260    Definition.

9.05.270    Leaking loads.

9.05.280    Violation – Penalty.

X. Miscellaneous

9.05.290    Offensive littering.

9.05.300    Offenses outside the city limits.

9.05.310    Attempt.

9.05.320    Solicitation.

9.05.330    Conspiracy.

9.05.340    Multiple convictions barred in inchoate crimes.

9.05.350    Separate offenses.

9.05.360    Violation – Penalties.

9.05.370    Nuisance abatement.

9.05.380    Working out fines and costs.

9.05.390    Defenses – Criminal liability – Parties to crime – Justification – Responsibility.

I. General Provisions

9.05.005 Effective date of state statute.

All state statutes, definitions, or other provisions of state law adopted by reference in this chapter are adopted as amended as of the effective date of the ordinance codified in this chapter. (Ord. 468 § 2, 2006; Ord. 328 § 93, 1991)

9.05.010 Definitions and exception for felonies.

(1) All definitions contained in the Oregon Criminal Code of 1971, as amended, in effect on the effective date of the ordinance codified in this chapter are adopted by reference and made a part of this chapter.

(2) Notwithstanding any other provision of this chapter, this chapter does not incorporate any state statute which describes, prohibits, or imposes penalties for felonies. (Ord. 486 § 7, 2009; Ord. 328 § 1, 1991)

II. Disorderly Conduct and Related Offenses

9.05.020 Disorderly conduct.

ORS 166.025 and 166.116 are adopted by reference and made a part of this chapter. (Ord. 448 § 1, 2004; Ord. 328 § 2, 1991)

9.05.030 Drinking in public places.

(1) No person shall sell or consume alcoholic beverages in or upon any street, park or other city property without a permit.

(2) The city administrator may issue permits to permit sale and consumption of alcoholic beverages upon streets, parks, or other city property where:

(a) Such sale or consumption is permitted by the Oregon Liquor Control Commission rules and regulations;

(b) The city administrator determines that issuance of the permit will not unduly endanger persons or property.

(3) The city administrator shall develop an application form for permits under this section, and may condition issuance of a permit upon proof of adequate liability insurance, provisions of appropriate security, and payment to the city of a reasonable sum for the increased law enforcement costs associated with the event for which the permit is issued. The city administrator shall establish a permit fee.

(4) A permit issued under this section may be revoked by the city administrator or any law enforcement officer of the city, without notice, if reasonable grounds exist to believe that continued consumption of alcohol on city property or other public place is creating or may create a danger to persons or property, or that the terms and conditions of the permit are being violated.

(5) Any person affected by a decision to grant, deny, revoke, or impose conditions on the issuance of a permit under this section may appeal such decision to the city council, which may affirm or reverse the decision or alter the conditions for issuance of the permit. An appeal under this section must be in writing and contain the applicant’s name, address, and telephone number, together with a statement of the grounds for appeal.

(6) Sale or consumption of alcoholic beverages in public places without a permit is a violation punishable by a fine not to exceed $500.00.

(7) ORS 471.475 is adopted by reference and made a part of this chapter. (Ord. 448 § 2, 2004; Ord. 328 § 3, 1991)

9.05.031 Prostitution.

ORS 167.007 is adopted by reference and made a part of this chapter. (Ord. 448 § 3, 2004; Ord. 328 § 4, 1991)

9.05.032 Frequenting a place where controlled substances are used.

ORS 167.222 is adopted by reference and made a part of this chapter. (Ord. 448 § 4, 2004; Ord. 328 § 5, 1991)

9.05.033 Harassment.

ORS 166.065 and 166.090 are adopted by reference and made a part of this chapter. (Ord. 448 § 5, 2004; Ord. 328 § 6, 1991)

9.05.034 Possession of controlled substances.

ORS 475.992, 475.994 and 475.999 are adopted by reference and made a part of this chapter. (Ord. 448 § 6, 2004; Ord. 328 § 7, 1991)

9.05.035 Public conduct.

(1) Public Indecency. A person commits a crime of public indecency if while in, or in view of, a public place a person performs:

(a) An act of sexual intercourse; or

(b) An act of deviant sexual intercourse; or

(c) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.

(2) Prohibited Nudity. It shall be unlawful for any person eight years of age or older to expose their genitalia while in a public place or place visible from a public place, if the public place is open or available to persons of the opposite sex.

(3) Urinating or Defecating. No person shall urinate or defecate in, or in view of, a public place, except in a lavatory. (Ord. 448 § 7, 2004; Ord. 328 § 8, 1991)

III. Firearms and Fireworks

9.05.040 Discharge of firearms.

(1) No person shall, within the city limits of Veneta, discharge any firearm, including any pistol, rifle, shotgun, spring weapon which propels a projectile by use of gun power or other explosive, jet or rocket propulsion, compressed air or spring device.

(2) Nothing herein shall prohibit the discharge of firearms within the city limits by:

(a) Any peace officer;

(b) Any animal control officer;

(c) Any person engaged in slaughter of livestock for consumption;

(d) Any other person acting in self-defense or defense of another in accordance with Oregon law;

(e) Any person engaged in rodent or pest control pursuant to a permit issued by the chief of police or the officer in charge of any law enforcement organization providing law enforcement to the city under contract in accordance with subsection (3) of this section.

(3) The chief of police or the officer in charge of any law enforcement organization providing law enforcement services to the city of Veneta under contract, or the designee of such person, may issue permits to permit discharge of firearms within the city limits for the purposes of rodent or pest control where:

(a) The applicant is 18 years of age or older;

(b) The type of weapon to be used is appropriate for rodent or pest control;

(c) The proposed use of the weapon does not appear to create an undue hazard to persons or property.

(4) A permit issued under subsection (3) of this section may contain whatever conditions or restrictions are deemed appropriate to minimize the risk of injury to persons or property from the discharge of the firearms, including, but not limited to, restrictions on the type of weapon used, the hours during which the weapons may be discharged, the time at which the permit will expire, not to exceed one year from the date of issuance, and the maximum distance from the target from which the weapon may be discharged.

(5) The city administrator shall develop an application for permits under this section, a permit form, and a permit fee.

(6) Any person affected by a decision to grant, deny, revoke or impose conditions on the issuance of a permit under this section may appeal such decision to the city council, which may affirm or reverse the decision, or alter the conditions or restrictions of the permit. An appeal under this section must be in writing and contain the applicant’s name, address and telephone number, together with a statement of the grounds for appeal.

(7) ORS 166.240 and 166.416 are adopted by this reference and made a part of this chapter. (Ord. 448 § 8, 2004; Ord. 328 § 11, 1991)

9.05.050 Fireworks.

(1) ORS 480.110, 480.120, 480.124, 480.130, 480.140, 480.150 and 480.160 are adopted by reference, and made a part of this chapter.

(2) The sale, use or discharge of fireworks, or particular types of fireworks, may be prohibited at such times, and during such periods, as the city administrator may determine, if the city administrator determines that such sale, use or discharge of fireworks creates a substantial fire hazard due to weather or fire conditions.

(3) Any order made by the city administrator pursuant to subsection (2) of this section may be appealed to the city council. Any appeal under this section must be in writing and contain the applicant’s name, address and telephone number, together with a statement of the grounds for appeal. (Ord. 390 § 7A, 1998; Ord. 328 § 12, 1991)

IV. Offenses Related to Property

9.05.060 Theft.

ORS 164.015 through 164.045, 164.065, 164.085 through 164.125, 164.162 and 131.655 are adopted by reference and made a part of this chapter. (Ord. 448 § 9, 2004; Ord. 328 § 21, 1991)

9.05.070 Trespass.

ORS 164.205 and 164.235 through 164.265 are adopted by reference and made a part of this chapter. (Ord. 448 § 10, 2004; Ord. 328 § 22, 1991)

9.05.080 Criminal mischief.

ORS 164.345 and 164.354 are adopted by reference, and made a part of this chapter. (Ord. 328 § 23, 1991)

9.05.081 Forgery and related offenses.

ORS 165.007, 165.017, 165.055 and 165.065 are adopted by reference and made a part of this chapter. (Ord. 448 § 11, 2004; Ord. 328 § 24, 1991)

9.05.082 Violation of park rules.

Repealed by Ord. 485. (Ord. 448 § 12, 2004; Ord. 328 § 25, 1991)

9.05.083 Prohibited camping.

(1) No person shall camp or park overnight in any area within a city park.

(2) Notwithstanding subsection (1) of this section, camping is permitted in areas specifically designated as public campgrounds.

(3) No person shall camp at a designated public campground in a city park for a period longer than 14 days in any 30-consecutive-day period.

(4) Activities otherwise prohibited by subsections (1) and (3) of this section and not permitted by subsection (2) of this section are permitted with specific written authorization from the city council or its duly authorized agent. (Ord. 448 § 13, 2004; Ord. 328 § 26, 1991)

V. Minors

9.05.090 Child neglect.

ORS 163.545 and 167.065 are adopted by reference and made a part of this chapter. (Ord. 448 § 14, 2004; Ord. 328 § 31, 1991)

9.05.100 Use of invalid license.

ORS 807.580 is adopted by reference and made a part of this chapter. (Ord. 328 § 32, 1991)

9.05.110 Providing liquor to persons under 21 or intoxicated persons.

ORS 471.410 is adopted by reference and made a part of this chapter. (Ord. 328 § 33, 1991)

9.05.120 Purchase or possession of liquor by minors.

ORS 471.430 is adopted by reference and made a part of this chapter. (Ord. 328 § 34, 1991)

VI. Animals

9.05.130 Cruelty to animals.

ORS 167.310 through 167.350 are adopted by reference and made a part of this chapter. (Ord. 328 § 41, 1991)

VII. Obstructing Governmental Administration

9.05.140 Unsworn falsification.

No person shall knowingly make any false written statement to a public servant in connection with an application for any benefit. (Ord. 328 § 51, 1991)

9.05.150 Obstructing governmental administration.

ORS 162.195, 162.235 and 181.599 are adopted by reference and made a part of this chapter. (Ord. 448 § 15, 2004; Ord. 328 § 52, 1991)

9.05.160 Tampering with public records.

ORS 162.305 is adopted by reference and made a part of this chapter. (Ord. 328 § 53, 1991)

9.05.170 Impersonation.

ORS 162.365 is adopted by reference and made a part of this chapter. (Ord. 328 § 54, 1991)

9.05.180 Initiating a false report.

ORS 162.075, 162.085, 162.295, 162.375, 165.570 and 165.805 are adopted by reference and made a part of this chapter. (Ord. 448 § 16, 2004; Ord. 328 § 55, 1991)

9.05.190 Giving false information to police officer for a citation.

ORS 162.385 is adopted by reference and made a part of this chapter. (Ord. 328 § 56, 1991)

9.05.200 Giving false information to city attorney.

A person commits the crime of giving false information to a city attorney if the person knowingly makes a false, misleading or unfounded statement or report to a city attorney or member of the city attorney’s staff concerning a violation or alleged violation of a city ordinance or the commission or alleged commission of a crime. (Ord. 328 § 57, 1991)

9.05.210 Refusal to assist in fire fighting operations.

ORS 162.255 is adopted by reference and made a part of this chapter. (Ord. 328 § 58, 1991)

9.05.220 Refusing to assist a peace officer.

ORS 162.245 is adopted by reference and made a part of this chapter. (Ord. 328 § 59, 1991)

9.05.230 Resisting arrest.

ORS 162.315 is adopted by reference and made a part of this chapter. (Ord. 328 § 60, 1991)

9.05.240 Escape.

ORS 162.145 is adopted by reference and made a part of this chapter. (Ord. 328 § 61, 1991)

VIII. Street and Sidewalk Offenses

9.05.250 Obstruction of fire hydrants.

No person shall place or maintain any bush, shrub, tree, fence or other obstruction within eight feet of any fire hydrant, and no owner or occupant of property adjacent to a fire hydrant shall permit any bush, shrub, tree, fence or other obstruction to be maintained within eight feet of such fire hydrant. (Ord. 328 § 71, 1991)

IX. Transportation of Refuse

9.05.260 Definition.

The term “refuse” means any sort of rubbish, trash, garbage, debris or refuse, including all putrescible and nonputrescible waste, vegetable and animal waste, ashes, waste household articles, waste vehicle parts or tires, waste metal of any kind, waste paper or cardboard, waste wood of any kind, severed tree limbs or brush, waste building materials of any kind, and further includes any other rejected matter and all articles and things ordinarily and customarily hauled off and dumped for promoting health or cleanliness. (Ord. 390 § 7B, 1998; Ord. 328 § 72, 1991)

9.05.270 Leaking loads.

No person shall transport or carry refuse in or on a motor vehicle or trailer, upon a public road in the city of Veneta, unless such refuse is either:

(1) Completely covered on all sides and on the top and bottom thereof and such cover is either a part of or securely fastened to the body of such motor vehicle or trailer; or

(2) Securely tied to the body of such motor vehicle or trailer so that no piece, article, item or part of such refuse is not fastened to the body of such motor vehicle or trailer. (Ord. 390 § 7B, 1998; Ord. 328 § 73, 1991)

9.05.280 Violation – Penalty.

Violation of this article is punishable, upon conviction, by a fine of not less than $10.00, nor more than $100.00. (Ord. 390 § 7B, 1998; Ord. 328 § 74, 1991)

X. Miscellaneous

9.05.290 Offensive littering.

ORS 164.775, 164.785, 164.805, 466.995 and 476.715 are adopted by reference and made a part of this chapter. (Ord. 448 § 17, 2004; Ord. 328 § 81, 1991)

9.05.300 Offenses outside the city limits.

Where permitted by Oregon law, an act made unlawful by this chapter shall constitute an offense when committed on any property owned or leased by the city, even though outside the corporate limits of the city. (Ord. 328 § 82, 1991)

9.05.310 Attempt.

(1) ORS 161.405 through 161.430, insofar as they apply to misdemeanors, are adopted by reference and made a part of this chapter.

(2) An attempt is a violation if the offense attempted is a violation of a city ordinance defined without reference to state law. (Ord. 328 § 83, 1991)

9.05.320 Solicitation.

(1) ORS 161.435 through 161.440, insofar as they apply to misdemeanors, are adopted by reference and made a part of this chapter.

(2) A solicitation is a violation if the offense solicited is a violation of a city ordinance defined without reference to state law. (Ord. 328 § 84, 1991)

9.05.330 Conspiracy.

(1) ORS 161.450 through 161.475, insofar as they apply to misdemeanors, are adopted by reference and made a part of this chapter.

(2) Conspiracy is a violation if an object of the conspiracy is commission of a violation of a city ordinance defined without reference to state law. (Ord. 328 § 85, 1991)

9.05.340 Multiple convictions barred in inchoate crimes.

ORS 161.485 is adopted by reference and made a part of this chapter. (Ord. 328 § 86, 1991)

9.05.350 Separate offenses.

Except for those ordinances which adopt state law by reference, each day that a violation of any Veneta ordinance continues shall constitute a separate offense. (Ord. 328 § 87, 1991)

9.05.360 Violation – Penalties.

(1) Violation of any provisions of this chapter which incorporate a state statute, which is a misdemeanor, shall be punishable as a violation with a fine not to exceed $1,000.

(2) Except where the penalties are specifically provided, the penalty for a violation of any provision of this chapter which incorporates a state statute which is a violation shall be identical to the penalty for violating the state statute.

(3) Where any section of this chapter is substantially similar to a state statute, but does not adopt the state statute by reference, the maximum and minimum penalties shall be limited to the maximum and minimum fines provided for in the substantially similar statute.

The provisions of this section shall not be construed to affect penalties provided by any section of this chapter which are less severe than the penalties provided for in a substantially similar state statute. For purposes of this chapter, a state statute is substantially similar to a city ordinance if the same conduct is prescribed and the elements of the offense are the same.

(4) Whether or not a state statute incorporated by this chapter or substantially similar to any section of this chapter provides for imprisonment, no imprisonment shall be allowed under any section of this chapter.

(5) Except as provided in subsection (3) of this section, the penalty for a violation of any provision of this chapter which does not adopt state law by reference, or which does not contain its own penalty provision, shall be a fine in an amount not to exceed $1,000. (Ord. 486 § 8, 2009; Ord. 448 § 18, 2004; Ord. 328 § 88, 1991)

9.05.370 Nuisance abatement.

No provision in this chapter shall preclude the abatement of a nuisance as provided in Chapter 8.05 VMC. (Ord. 328 § 89, 1991)

9.05.380 Working out fines and costs.

When a person has been convicted of violating any city ordinance, and a fine has been imposed for such conviction, the municipal court judge may permit such person to work off such fine by performing community service under the direction of the city administrator or his designee, at the rate of $10.00 credit toward the fine for each day worked. Nothing herein shall be construed to limit other sentencing options available under this chapter or state statute, including community service programs. (Ord. 328 § 90, 1991)

9.05.390 Defenses – Criminal liability – Parties to crime – Justification – Responsibility.

ORS 161.015 through 161.485 are adopted by reference and made a part of this chapter. (Ord. 328 § 92, 1991)