Code Table of Contents
PUBLIC PEACE, MORALS AND WELFARE
CHAPTERS
9.04 General Provisions
9.08 Offenses by or Against Public Officers and Government
9.12 Offenses Against Public Peace and Decency
9.16 Offenses Against Property
9.20 Offenses by or Against Minors
9.24 Curfew for Minors
9.28 Weapons and Fireworks
Chapter 9.04 GENERAL PROVISIONS
Sections:
9.04.010 Definitions.
9.04.020 Offenses outside city limits.
9.04.030 Soliciting or confederating to violate ordinances.
9.04.040 Attempt to commit offenses.
9.04.050 Separate violations.
9.04.060 Violation Penalty.
9.04.070 Application of state statutes.
9.04.010 Definitions.
The definitions contained in the Oregon Criminal Code of 1971, as
now or hereafter constituted, are adopted by reference and made a
part of this title. Except where the context clearly indicates a
different meaning, the general definitions and the definitions
appearing in the definitional and other sections of particular
articles of the Code shall be applicable throughout this title.
(Ord. 2-1982 par 1)
9.04.020 Offenses outside city limits.
Where permitted by Oregon law, an act made unlawful by this title
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. 2-1982 par 51)
9.04.030 Soliciting or confederating to violate ordinances.
No person shall solicit, aid, abet, employ or engage another, or
confederate with another to violate a provision of this title or
any
other ordinance of the city. (Ord. 2-1982 par 52)
9.04.040 Attempt to commit offenses.
A person who shall attempt to commit any of the offenses mentioned
in this title or any ordinance of the city, but who for any reason
is prevented from committing such act, shall be deemed guilty of an
offense. (Ord. 2-1982 par 53)
9.04.050 Separate violations.
Whenever in this title, or any ordinance of the city of Elgin, an
act is prohibited or is made or declared to be unlawful or an
offense, or the doing of an act is required or the failure to do an
act is declared to be unlawful or an offense, each day a violation
continues shall constitute a separate offense. (Ord. 2-1982 par 54)
9.04.060 Violation Penalty.
Violation of any provision of this title is punishable by a fine
not
to exceed five hundred dollars ($500.00); provided, however, if
there is a violation of any provision identical to a state statute
with a lesser penalty attaching, punishment shall be limited to the
lesser penalty prescribed in the state law. (Ord. 2-1982 par 55)
9.04.070 Application of state statutes.
Provisions of the Oregon Criminal Code of 1971, as the same now
exists or may hereafter be amended, relating to defenses and burden
of proof, general principles of criminal liability, parties and
general principles of justification, shall apply to offenses
defined
and made punishable by this title. (Ord. 2-1982 par 57)
Chapter 9.08 OFFENSES BY OR AGAINST PUBLIC OFFICERS AND GOVERNMENT
Sections:
9.08.010 Unsworn falsification.
9.08.020 Obstructing governmental administration.
9.08.030 Tampering with public records.
9.08.040 Impersonation.
9.08.050 False reports.
9.08.060 Refusing to assist in firefighting operations.
9.08.070 Resisting or refusing to aid officer.
9.08.080 Interfering with police.
9.08.090 Police and fire communications.
9.08.100 Injury to fire apparatus.
9.08.010 Unsworn falsification.
No person shall knowingly make any false written statement to a
public servant in connection with a application for any benefit.
(Ord. 2-1982 par 24)
9.08.020 Obstructing governmental administration.
A. No person shall intentionally obstruct, impair or hinder the
administration of law or other governmental function by means of
intimidation, force or physical interference or obstacle.
B. This section shall not apply to the obstruction of unlawful
governmental action or interference with the making of an arrest.
(Ord. 2-1982 par 25)
9.08.030 Tampering with public records.
No person shall, without lawful authority, knowingly destroy,
mutilate, conceal, remove, make a false entry in or falsely alter
any public record. (Ord. 2-1982 par 26)
9.08.040 Impersonation.
No person shall, with intent to obtain a benefit or to injure or
defraud another, falsely impersonate a public servant and do an act
in such assumed character. (Ord. 2-1982 par 27)
9.08.050 False reports.
A. No person shall knowingly initiate a false alarm or report
which is transmitted to a fire department or law enforcement agency
or other organization that deals with emergencies involving danger
to life or property.
B. No person shall knowingly make or file with the police
department or with the city attorney or a police officer engaged in
his official duties a false, misleading or unfounded statement or
report concerning the violation of a city ordinance or the
commission or alleged commission of a crime. (Ord. 2-1982 par 28)
9.08.060 Refusing to assist in firefighting operations.
No person shall:
A. Upon command by a person known by him to be a fireman,
unreasonably refuse or fail to assist in extinguishing a fire or
protecting property threatened thereby; or
B. Upon command by a person known by him to be a fireman or
peace
officer, intentionally and unreasonably disobey a lawful order
relating to his conduct in the vicinity of a fire. (Ord. 2-1982 par
29)
9.08.070 Resisting or refusing to aid officer.
A. No person shall resist any peace officer acting in the
performance of his duties; or, when requested to do so, refuse to
assist any such officer in the discharge of his duties; or by any
means whatsoever hinder, delay or obstruct any such officer acting
in the performance of his duties.
B. As used in this section, þresistþ refers to the ordinary
meaning of the term.
C. It is no defense to a prosecution under this section that the
peace officer lacked legal authority to make an arrest, provided he
was acting under color of his official authority. (Ord. 2-1982 par
30)
9.08.080 Interfering with police.
No person shall hinder, delay, obstruct or otherwise interfere
with a police officer while in the act of performing his duties.
(Ord. 2-1982 par 31)
9.08.090 Police and fire communications.
No person shall operate any generator or electromagnetic wave or
cause a disturbance of such magnitude as to interfere with the
proper functioning of any police or fire department radio
communication system. (Ord. 2-1982 par 32)
9.08.100 Injury to fire apparatus.
No person shall lead, ride or drive any animal, or operate any
vehicle over or upon any fire hose or disturb or injure in any
manner any hose, engine, appliance or apparatus belonging to or
used
by the fire department. (Ord. 2-1982 par 36)
Chapter 9.12 OFFENSES AGAINST PUBLIC PEACE AND DECENCY
Sections:
9.12.010 Menacing.
9.12.020 Recklessly endangering another person.
9.12.030 Disorderly conduct.
9.12.040 Disorderly conduct at fires.
9.12.050 Harassment.
9.12.060 Abuse of venerated objects.
9.12.070 Unnecessary noise.
9.12.080 Public indecency.
9.12.010 Menacing.
No person shall by word or conduct intentionally attempt to place
another person in fear of imminent serious physical injury. (Ord.
2-1982 par 2)
9.12.020 Recklessly endangering another person.
No person shall recklessly engage in conduct which creates a
substantial risk of serious physical injury to another person.
(Ord.
2-1982 par 3)
9.12.030 Disorderly conduct.
No person shall, with intent to cause public inconvenience,
annoyance or alarm, or by recklessly creating a risk thereof:
A. Engage in fighting or in violent, tumultuous or threatening
behavior;
B. Disturb any lawful assembly of persons without lawful
authority;
C. Obstruct vehicular or pedestrian traffic in or on a public
way
or public place;
D. Congregate with other persons in a public place and refuse to
comply with a lawful order of the police to disperse; E.
Initiate or circulate a report, knowing it to be false, concerning
an alleged or impending fire, explosion, crime, catastrophe or
other
emergency. (Ord. 104 par 2 (part), 1996; Ord. 2-1982 par 4)
9.12.040 Disorderly conduct at fires.
A. No person at or near a fire shall obstruct or impede the
fighting of the fire, interfere with fire department personnel, or
fire department apparatus, behave in a disorderly manner, or refuse
to observe promptly an order of a member of the fire or police
department.
B. For purposes of this section, members of the fire department
are endowed with the same powers of arrest as are conferred upon
peace officers for violations of city ordinances. (Ord. 2-1982 par
5)
9.12.050 Harassment.
No person shall, with intent to harass, annoy or alarm another
person:
A. Subject another to offensive physical contact;
B. Publicly insult another by abusive or obscene words or
gestures in a manner likely to provoke a violent or disorderly
response. (Ord. 104 par 2 (part), 1996; Ord. 2-1982 par 6)
9.12.060 Abuse of venerated objects.
A. No person shall intentionally abuse a public monument or
structure, a place of worship or burial.
B. As used in this section, þabuseþ means to deface, damage,
defile, or otherwise physically mistreat in a manner likely to
outrage public sensibilities. (Ord. 104 par3, 1996; Ord. 2-1982
par 7)
9.12.070 Unnecessary noise.
No person shall create or assist in creating or permit the
continuance of unreasonable noise in the city of Elgin. The
following enumeration of violations of this section is not
exclusive but is illustrative of some unreasonable noises:
A. The keeping of an animal which by loud and frequent or
continued noise disturbs the comfort and repose of a person in the
vicinity;
B. The use of an engine, thing or device, which is so loaded,
out of repair, or operated in a manner as to create a loud or
unnecessary grating, grinding, rattling or other noise;
C. The use of a mechanical device operated by compressed air,
steam or otherwise, unless the noise created thereby is effectively
muffled;
D. The construction, including excavation, demolition,
alteration
or repair, of a building other than between the hours of seven a.m.
and six p.m., except upon special permit granted by the city;
E. The use or operation of an automatic or electric piano,
phonograph, loudspeaker or sound-amplifying device so loudly as to
disturb persons in the vicinity thereof, or in such manner as
renders the same a public nuisance; provided, however, that upon
application to the council, permits may be granted to responsible
persons or organizations to broadcast programs of music, news,
speeches, or general entertainment. (Ord. 2-1982 par 8)
9.12.080 Public indecency.
No person shall, while in or in view of a public place, perform:
A. An act of sexual intercourse;
B. An act of deviate sexual intercourse;
C. An act of exposing his genitals with the intent of arousing
the sexual desire of himself or another person. (Ord. 2-1982 par
16)
Chapter 9.16 OFFENSES AGAINST PROPERTY
Sections:
9.16.010 Trespass.
9.16.020 Violating privacy of another.
9.16.030 Open cellar doors or grates.
9.16.040 Obstruction of fire hydrants.
9.16.050 Lodging.
9.16.060 Posted notices.
9.16.070 Offensive littering.
9.16.010 Trespass.
No person shall enter or remain unlawfully in or upon premises.
(Ord. 2- 1982 par 13)
9.16.020 Violating privacy of another.
No person other than a peace officer performing a lawful duty shall
enter upon land or into a building used in whole or in part as a
dwelling not his own without permission of the owner or person
entitled to possession thereof and while so trespassing look
through
or attempt to look through a window, door or transom of the
dwelling
or that part of the building used as a dwelling with the intent to
violate the privacy of any other person. (Ord. 2-1982 par 14)
9.16.030 Open cellar doors or grates.
No owner or person in charge of property shall permit a cellar door
or grate located in or upon a sidewalk or public pathway to remain
open except when such entrance is being used and, when being used,
there are adequate safeguards for pedestrians using the sidewalk.
(Ord. 2-1982 par 34)
9.16.040 Obstruction of fire hydrants.
No owner of property adjacent to a street upon which is located a
fire hydrant, shall place or maintain within eight feet of such
fire
hydrant, any bush, shrub or tree, or other obstruction. (Ord.
2-1982
par 35)
9.16.050 Lodging.
No person shall lodge in a car, outbuilding or other place not
intended for that purpose without permission of the owner or person
entitled to the possession thereof. (Ord. 2-1982 par 38)
9.16.060 Posted notices.
No person shall affix a placard, bill or poster upon personal or
real property, private or public, without first obtaining
permission
from the owner thereof or from the proper public authority. (Ord.
2-1982 par 39)
9.16.070 Offensive littering.
A. No person shall create an objectionable stench or degrade the
beauty or appearance of property or detract from the natural
cleanliness or safety of property by intentionally:
1. Discarding or depositing any rubbish, trash, garbage,
debris or other refuse upon the land of another without permission
of the owner, or upon any public way;
2. Draining, or causing or permitting to be drained,
sewage or the drainage from a cesspool, septic tank, recreational
or camping vehicle waste-holding tank, or other contaminated source
upon the land of another without permission of the owner, or upon
any public way.
B. As used in this section, "public way" includes, but is not
limited to roads, streets, alleys, lanes, trails, beaches, parks,
and all recreational facilities operated by the city, state or
county for use by the general public. (Ord. 104 par 2 (part), 1996;
Ord. 2-1982 par 40)
Chapter 9.20 OFFENSES BY OR AGAINST MINORS
Sections:
9.20.010 Children confined in vehicles.
9.20.020 Endangering welfare of minor.
9.20.030 Places of amusement.
9.20.010 Children confined in vehicles.
A. No person who has under his control or guidance a child under
six years of age shall lock or confine, or leave unattended, or
permit the child to be locked or confined or left unattended in a
vehicle for a period of time longer than thirty (30) consecutive
minutes.
B. It is lawful and the duty of a policeman or other peace
officer, finding a child confined in violation of the terms of this
section, to enter the vehicle and remove the child, using such
force
as is reasonably necessary to effect an entrance to the vehicle
where the child may be confined, in order to remove the child.
(Ord.
2-1982 par 21)
9.20.020 Endangering welfare of minor.
A. No person shall employ a person under eighteen (18) years of
age in or about a cardroom, poolroom, billiard parlor or dancehall,
unless the establishment is a þrecreational facilityþ as defined in
Section 9.20.030(C).
B. No person shall solicit, aid, abet or cause a person under
eighteen (18) of age to:
1. Violate a law of the United States, or a state, or to
violate a city or county ordinance;
2. Run away or conceal himself from a person or
institution
having lawful custody of the minor. (Ord. 2-1982 par 22)
9.20.030 Places of amusement.
A. No person under eighteen (18) years of age shall enter,
visit
or loiter in or about a public cardroom, poolroom or billiard
parlor.
B. No person operating or assisting in the operation of a
public
cardroom, poolroom, billiard parlor or public place of amusement
shall permit a person under eighteen (18) years of age to engage
therein in any game of cards, pool, billiards, dice, darts,
pinball,
games of like character or games of chance either for amusement or
otherwise.
C. This section shall not apply to the playing of billiards or
pool in a recreational facility. As used in this section a
þrecreational facilityþ means an area, enclosure or room in which
facilities are offered to the public to play billiards or pool for
amusement only, and:
1. Which is clean, adequately supervised, adequately
lighted and ventilated;
2. In which no alcoholic liquor is sold or consumed; and
3. Access to which does not require passing through a room
where alcoholic liquor is sold or consumed. (Ord. 2-1982 par 23)
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Chapter 9.24 CURFEW FOR MINORS
Sections:
9.24.010 Curfew imposed.
9.24.020 Curfew hours.
9.24.030 Parental responsibility.
9.24.040 Police custody.
9.24.050 Refusal of parent or guardian to take custody.
9.24.060 ViolationþPenalty.
9.24.010 Curfew imposed.
No minor under eighteen (18) years of age shall be on a street,
highway, park, alley or other public place between the hours
specified in Section 9.24.020, unless:
A. The minor is accompanied by a parent, guardian or other
person
twenty-one (21) years of age or over and authorized by the parent
or
by law to have custody of the minor;
B. The minor is engaged in a lawful pursuit or activity which
requires the minor's presence upon the street, highway, park, alley
or other public place; or
C. The minor is emancipated under ORS 109.550 to 109.565. (Ord.
7-1995 par 1)
9.24.020 Curfew hours.
For the purposes of this chapter, the applicable hours of curfew
are:
A. On Sunday through Thursday, between ten p.m. and five-thirty
a.m. of the following morning;
B. On Friday and Saturday, between 11:59 p.m. and five-thirty
a.m. of the following morning. (Ord. 7-1995 par 2)
9.24.030 Parental responsibility.
No parent, guardian or other person having legal custody of a minor
under the age of eighteen (18) years shall permit the minor to be
in
violation of this chapter. (Ord. 7-1995 par 3)
9.24.040 Police custody.
Any police officer is authorized to take a minor violating a
provision of this chapter into custody as provided by ORS 419.569.
(Ord. 7-1995 par 4)
9.24.050 Refusal of parent or guardian to take custody.
No parent, guardian or other person having legal custody of a minor
taken into police custody as provided in Section 9.24.040 shall
refuse to come immediately and take custody of the minor upon being
notified to do so by the police. (Ord. 7-1995 par 5)
9.24.060 Violation Penalty.
Violation of a provision of this chapter is punishable by a fine
not
to exceed one hundred dollars ($100.00). (Ord. 7-1995 par 6)
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Chapter 9.28 WEAPONS AND FIREWORKS
Sections:
9.28.010 Concealed weapons.
9.28.020 Discharging weapons.
9.28.030 Forfeiture.
9.28.040 Fireworks.
9.28.010 Concealed weapons.
Except as provided in ORS 166.260 and 166.291, no person shall
carry concealed about his person or in a public place a revolver,
pistol or other firearm, or any knife other than an ordinary
pocketknife, any dirk, dagger, stiletto, nunchaku stick, or any
other weapon by the use of which injury could be inflicted upon
the person or property of another. For purposes of this section,
an ordinary pocketknife is one with a maximum blade length of
three and one-half inches which is not a switchblade or springblade
knife. (Ord. 104 par 3 (part), 1996; Ord. 2-1982 par 9)
9.28.020 Discharging weapons.
No person other than an authorized peace officer shall fire or
discharge a gun or other weapon, including spring or air-actuated
pellet guns, air guns, BB guns, bow and arrow, or any weapon which
propels a projectile by use of gunpowder or other explosive, jet or
rocket propulsion. The provisions of this section shall not be
construed to prohibit the firing or discharging of a weapon by any
person in the defense or protection of his property, person or
family, and shall not prohibit the firing or discharging of a
weapon
by any person in a supervised firing range or shooting gallery.
(Ord. 2-1982 par 10)
9.28.030 Forfeiture.
Whenever a person is arrested for violating Section 9.28.010 or
9.28.020, the weapon shall be confiscated by the arresting officer
and delivered to the municipal judge.
* If the accused is not convicted, the weapon shall be returned to
him, unless his possession of the weapon would violate state or
federal law.
* If the accused is convicted or the weapon may not be lawfully
returned to him, it shall become the property of the city of Elgin.
If the weapon can be sold without violating state or federal law,
it
may be sold or destroyed as directed by the municipal judge. If the
sale of the weapon would be unlawful, it shall be destroyed or
become the property of the city of Elgin for training or display
purposes. (Ord. 2-1982 par 11)
9.28.040 Fireworks.
The following sections of the Oregon Fireworks Law, together with
all acts and amendments applicable to cities which are now or
hereafter enacted, are adopted by reference and made a part of this
title: ORS 480.110, 480.120, 480.130, 480.140(1) and 480.150. (Ord.
104 par 3 (part), 1996; Ord. 2-1982 par 12)
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