Pilot Rock, Oregon

AN ORDINANCE PRESCRIBING GENERAL OFFENSES; PROVIDING PENALTIES; AND REPEALING ORDINANCE NO. 234, 117, 217, 339, 308 AND 375

THE CITY OF PILOT ROCK ORDAINS AS FOLLOWS:

Section 1. Oregon Criminal Code Adopted.

1. Oregon Revised Statutes, Chapters 161, 162, 163, 164, 165, 166 & 167, except for any provisions classified as a felony under state law, are adopted by reference. Violation of an adopted provision of those chapters is an offense against this city.
2. The provisions of the Oregon Revised Statutes, Chapter 161, relating to defenses, burden of proof, general principles of criminal liability, parties, and general principles of justification apply to offenses defined and made punishable by this ordinance.
3. Except where the context clearly indicates a different meaning, definitions appearing in the general definitional and other particular sections of chapters adopted by subsection A above are applicable throughout this ordinance.

Section 2. Drinking in Public Places.

No person shall drink or consume alcoholic liquor in or on a street, alley, mall, parking lot or structure, motor vehicle, public grounds or other public place unless the place has been licensed for that purpose by the Oregon Liquor Control Commission. Provided, however, consumption of alcohol is permitted in a park when a permit has been obtained from the council.

Section 3. Unnecessary Noise.

No person shall create or assist in creating or permit the continuance of unreasonable noise in the city. The following enumeration of violations of this section is not exclusive but is illustrative of some unreasonable noises:

1. Keeping an animal that, by loud and frequent or continued noise, disturbs the comfort and repose of a person in the vicinity.
2. Using an engine, thing or device, that is so loaded, out of repair or operated in such a manner as to create a loud or unnecessary grating, grinding, rattling or other noise.
3. Using a mechanical device operated by compressed air, steam or otherwise, unless the noise created by it is effectively muffled.
4. Construction, excavation, demolition, alteration or repair of a building between the hours of 10:00 PM and 7:00 AM, except by special permit granted by the city.
5. Using or operating an automatic or electric piano, phonograph, loudspeaker or sound amplifying device so loudly that it disturbs persons in its vicinity, or in a manner that makes it a public nuisance. However on application to the council, permits may be granted to broadcast music, news, speeches or general entertainment.

(Sections 4 to 11 reserved for expansion)

Section 12. Discharge of Weapons.

Except at a firing range approved by the council, no person other than a peace officer shall fire or discharge a gun, including a spring or air-activated pellet gun, air gun, BB gun, or other weapon that propels a projectile by use of gunpowder or other explosive, jet or rocket propulsion.

Section 13. Fireworks.

The following sections of the Oregon Fireworks Law are adopted by reference and made a part of this ordinance: ORS 480.110, 480.120, 480.130, 480.140(1) and 480.150.

(Sections 14 – 22 reserved for expansion)

Offenses Relating to Minors

Section 23. Places of Amusement.

1. No person under 18 years of age shall enter, visit or loiter in or about a public cardroom, poolroom, or billiard parlor.
2. No person operating or assisting in the operation of a public cardroom, poolroom, or billiard parlor shall permit a person under 18 years of age to engage in a game of cards, pool, billiards, dice or games of chance, for amusement or otherwise.
3. This section shall not apply to playing billiards or pool in a recreational facility. As used in this section “recreational facility” means an area, enclosure or room in which facilities are offered to the public to play billiards or pool for amusement only and:
   1. Is clean, adequately supervised, adequately lighted and ventilated.
   2. No alcoholic liquor is sold or consumed.
   3. Where access does not require passing through a room where alcoholic liquor is sold or consumed.

(Section 24 – 30 reserved for expansion)

Street and Sidewalk Offenses

Section 31. Obstruction of Building Entrances.

No person shall obstruct an entrance to a building.

Section 32. Obstruction of Fire Hydrants.

No owner of property or person in charge of property adjacent to a street upon which a fire hydrant is located shall place or maintain a bush, shrub or tree or other obstruction within eight feet of the fire hydrant.

(Section 33 – 35 reserved for expansion)

Miscellaneous

Section 36. Begging.

No person shall physically accost another in a public place to solicit alms.

Section 37. Lodging.

1. 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 possession.
2. No person shall lodge in a car, outbuilding or other place not intended for that purpose upon any public property.

Section 38. Selling or Pledging Property of Intoxicated Persons.

No person shall purchase property from a person who is in an intoxicated condition or under the influence of a narcotic drug, or advance, loan money to, or have dealings with such person respecting the title to property.

Section 39. Hauling.

No person shall haul sand, gravel, rock, wood or other substance in a vehicle or conveyance that is so constructed or in such condition as to allow the sand, gravel, rock, wood or other substance to fall on and litter public streets.

(Sections 40 – 45 reserved for expansion)

Section 46. Cruelty to Animals.

1. Except as otherwise authorized by law, no person shall intentionally or recklessly:
   1. Subject any animal under human custody or control to cruel mistreatment.
   2. Subject any animal under his or her custody or control to cruel neglect.
   3. Kill without legal privilege any animal under the custody or control of another, or any wild bird.
2. As used in this section, “animal” includes birds.

Section 47. Poisoning Animals.

No person shall put out or place poison where it is liable to be eaten by cattle, sheep, horses, hogs, dogs, or other domestic animals.

General

Section 48. Offenses Outside City Limits.

This ordinance applies to acts committed on property owned or leased by the city that is outside the corporate limits of the city.

Section 49. Soliciting or Confederating to Violate Ordinances.

No person shall solicit, aid, employ or engage another, or confederate with another to violate a provision of any city ordinances.

Section 50. Attempt to Commit Offenses.

A person who attempts to commit an offense mentioned in this ordinance of the city but who, for any reason is prevented from consummating such act is guilty of an offense.

Section 51. Separate Violations.

When in any city ordinance, an act is prohibited or is made or declared to be unlawful or an offense, or doing an act is required, or the failure to do an act is declared to be unlawful or an offense, each day a violation continues constitutes a separate offense.

Section 52. Penalties.

Violation of a provision of this ordinance is punishable by a fine not to exceed $1,000.00. However, if a violation of a provision is identical to a state statute with a lesser penalty, punishment shall be limited to the lesser penalty prescribed in state law.

Section 53. Nuisance Abatement.

No provision in this ordinance shall preclude abatement of a nuisance as provided in the city’s general nuisance ordinance.

Section 54. Severability.

Invalidity of a section or a part of a section of this ordinance shall not affect the validity of the remaining sections or parts of sections.

Section 55. Repeal.

Ordinance numbers 234, 308, 339, 375, 434, 217 and 117 are hereby repealed.

Section 56. Saving Clause.

Notwithstanding section 55, ordinances repealed shall remain in force to authorize the arrest, prosecution, conviction and punishment of a person who violated the ordinances prior to the effective date of this ordinance.

Passed by the Council and approved by the Mayor this day of , 2000.