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(A) When a person shall be convicted of an offense under the laws of the city and shall be adjudged to pay a fine and costs and shall fail to pay the fine and costs, the Municipal Judge may collect labor on the streets or on other public works, one day for each $8 of such fine unpaid.
(B) Persons fined and sentenced to labor as set out in this section shall be under the charge and supervision of the Chief of Police and the Police Department.
(Prior Code, § 130.06) (Ord. 259, passed 5-8-1979)
ADVERTISING AND NOISE MAKING
No person shall affix a notice, placard, bill, card, poster, banner, advertisement or other paper on a sidewalk, crosswalk, curb or curbstone, or a portion or part of a public way or public place, or a lamp post, electric light, telegraph, telephone pole or railway structure, hydrant, shade tree or tree-box or on the piers, columns, trusses, girders, railings, gates or other parts of a public bridge or viaduct, or other public structure or building, or on a pole, box or fixture of the fire alarm or police telegraph system, except as may be authorized or required by the laws of the United States, the state, this title or other ordinances.
(Prior Code, § 130.15) (Ord. 259, passed 5-8-1979) Penalty, see § 130.99
No person shall make any unreasonably loud or raucous noise which disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city.
(Prior Code, § 130.16) (Ord. 259, passed 5-8-1979) Penalty, see § 130.99
(A) The following acts are declared to be unreasonably loud or raucous noises in violation of this title; however, this enumeration shall not be deemed exclusive.
(1) Horns, signaling devises and the like. The sounding of any horn or signaling device on any automobile, motorcycle, bus or other vehicle except as a reasonable signal required by the exigencies of vehicular or pedestrian traffic; the creation by means of any such signaling device of any sound which disturbs the sleep, peace, quiet, comfort or repose of other persons; the sounding of any such device for an unnecessary or unreasonable period of time.
(2) Radios, phonographs and the like.
(a) The playing, using or operating of, any radio, musical instrument, phonograph, television set, tape recorder or other machine or device for the producing or reproducing of sound in such a manner as to disturb the sleep, peace, quiet, comfort or repose of other persons, or at any time with louder volume than is necessary for convenient hearing by the person or persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners thereto.
(b) The operation of any such machine or device in such a manner so as to be plainly audible at a distance of 50 feet from the building, room, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(3) Loud speakers, amplifiers and the like. Using, operating or permitting to be used or operated any mechanical loud speaker or sound amplifier, either stationary or mobile, for producing or reproducing sound which is cast upon the public streets or other public property. This section does not prohibit the reasonable use of mechanical loud speakers or sound amplifiers in the course of public addresses which are noncommercial in character.
(4) Yelling, shouting and the like. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to disturb the sleep, peace, quiet, comfort or repose of other persons.
(5) Animals. The keeping of any animal which by frequent or long continued noise disturbs the sleep, peace, quiet, comfort or repose of other persons.
(6) Steam whistles. The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, as a warning of fire or danger or upon request of proper city authorities.
(7) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom, except where such discharge is from vehicles used for participation in vehicle spectator sports activities between the hours of 7:00 a.m. and 10:00 p.m., and the activities are properly licensed by the city and consistent with its zoning ordinance.
(8) Defect in vehicle or load. The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such a manner as to disturb the sleep, peace, quiet, comfort or repose of other persons.
(9) Loading, unloading, opening boxes. The loading or unloading or any vehicle or the opening, closing or destruction of bales, boxes, crates and containers, so as to disturb the sleep, peace, quiet, comfort or repose of other persons.
(10) Construction or repair of buildings, streets and the like. The construction (including excavation), demolition, alteration or repair of any building, street, sidewalk, driveway, sewer or utility line between the hours of 7:00 p.m. and 7:00 a.m., except as provided in § 130.23.
(11) Schools, courts, churches, hospitals. The creation of any sound on any street adjacent to any school, institution of learning, church or court, while the same is in use, or adjacent to any hospital, nursing home or other institution for the care of the sick or infirm, which would tend to unreasonably interfere with the operation of the same or disturb the sleep, peace, quiet, comfort or repose of other persons.
(12) Pile drivers, hammers, machinery and the like. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance or machinery, the use of which creates a sound which disturbs the sleep, peace, quiet, comfort or repose of other persons.
(13) Blowers and compressors. The operation of any blower, power fan, internal combustion engine, electric motor or compressor, the operation of which causes sound due to the explosion of operating gases or fluids, or the compression of air, unless the sound from such machine is sufficiently muffled so as to be minimal.
(B) Permit fees, if any required under division (A) above, shall be set by resolution of the Council.
(Prior Code, § 130.17) (Ord. 259, passed 5-8-1979) Penalty, see § 130.99
(A) In cases of emergency or other urgent public necessity, the City Administrator may issue a permit allowing activities described in § 130.22(A)(10) to take place at any hour. Emergency permits may not be issued for periods exceeding three days but may be renewed for successive periods not exceeding three days each for so long as the emergency continues.
(B) If, due to the location of the building or other site, the potential nature of the sound from the activity, the potential nature of the sound from vehicular traffic to and from the site and the loss or inconvenience that would result to any party in interest, the building official determines that the sleep, peace, quiet, comfort or repose of other persons will not be disturbed, he or she may issue a permit allowing activities described in § 130.22(A)(10) to take place between such hours from 7:00 p.m. to 7:00 a.m. as he or she deems proper.
(C) (1) Permits issued by the City Administrator pursuant to divisions (A) and (B) above may be for such days or times as he or she deems proper within the limits provided.
(2) The City Administrator may also include such restrictions or conditions in permits as he or she feels necessary to ensure the sleep, peace, quiet, comfort or repose of other persons.
(3) The City Administrator may also suspend or revoke a permit if he or she finds that the sleep, peace, quiet, comfort or repose of any person is impaired by the activities carried on, or the restrictions or conditions contained in the permit have been violated.
(4) The decisions of the City Administrator to grant, suspend or revoke any permit may be appealed to the City Council, whose decision thereon shall be final.
(D) (1) In addition to the activities allowed by § 130.22(A)(10), additions to, alteration or repair of any single or two-family dwelling structure may be performed without permit between the hours of 7:00 p.m. and 10:00 p.m.
(2) If, however, the City Administrator determines that the sleep, peace, quiet, comfort or repose of any person will be impaired by sound from the activity, he or she may require that the activity cease at 7:00 p.m.
(3) The decision of the City Administrator may be appealed to the City Council, and its decision thereon shall be final.
(Prior Code, § 130.18) (Ord. 259, passed 5-8-1979)
ALCOHOL AND DRUGS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC LIQUOR. An alcoholic beverage containing more than 0.5% of alcohol by volume.
COMMISSION. The State Liquor Control Commission as provided for the State Liquor Control Act, being O.R.S. 471.027 et seq.
DESIGNATED PICNIC AREA. The portion of a city park including and immediately surrounding picnic tables, outdoor fireplaces, outdoor grills, open-wall picnic shelters or stove facilities.
HARD LIQUOR. An alcoholic beverage, including sweet wines and all spirituous liquors, containing 14% or more of alcohol by volume.
LICENSED PREMISES. The room or enclosure for which a license has been issued by the commission for the serving, mixing, handling or selling of alcoholic liquor.
LICENSEE. A person who has an alcoholic liquor license from the Commission authorizing such person to sell or dispense alcoholic liquor.
MALT BEVERAGE. A beverage as defined in the State Liquor Control Act.
MINOR. A person under the age of 21 years unless otherwise stated.
OTHER RESPONSIBLE RELATIVE.
(1) An adult who is the spouse of a minor;
(2) An adult related to the minor, who has taken over the parental duties of governing the minor’s actions; or
(3) A duly appointed, qualified and acting guardian who has taken over the parental duties of governing the minor’s actions.
SELL. Soliciting or receiving an order for or keeping, offering or exposing for sale, delivering for value or in any way other than gratuitous, peddling, keeping with intent to sell, to traffic in, for any consideration, promised or obtained, direct or indirect or under any pretext or by any means whatsoever, procuring or allowing to be procured alcoholic liquor for any other person.
STATE LIQUOR CONTROL ACT. The state law so designated by O.R.S. 471.027 as now or hereafter amended and supplemented, and includes the State Distilled Liquor Control Act, as defined by O.R.S. 471.230, as now or hereafter amended and supplemented.
TOXIC VAPORS. Vapors released from drugs, from substances containing ketones, aldehydes, organic acetates, ether, toluene, chlorinated hydrocarbons, solvents or from other matter having a propensity to release vapors which cause intoxication, inebriation, euphoria, excitement, exhilaration, stupefaction or dulling of the senses or nervous system.
(Prior Code, § 130.30) (Ord. 259, passed 5-8-1979)
(A) Purchase and the like, prohibited; exception. Except as provided in this section, no minor shall purchase, acquire or have in his or her possession alcoholic liquor.
(B) Lawful consumption. Nothing contained in this subchapter shall be construed as prohibiting a parent or other responsible relative of a minor from giving a minor alcoholic liquor and permitting him or her to consume it within the home of the parent or other responsible relative of the minor, or at other private places not in view of the public where the parent or other responsible relative is present.
(C) Delivering or selling. Except as provided by O.R.S. 471.480, no minor, either for himself or herself, or as agent or employee of another, shall sell, offer for sale or deliver an alcoholic liquor. Nor shall a person employ, hire or engage a minor to sell, offer for sale or deliver alcoholic liquor.
(D) Falsely representing age. No minor shall falsely represent his or her age, or produce evidence that would falsely indicate his or her age, for the purpose of securing a right, benefit or privilege denied minors by this subchapter. Nor shall a person falsely represent a minor to be 21 years of age or older for the purpose of securing or assisting the minor in securing any right, benefit or privilege denied to minors by this subchapter.
(Prior Code, § 130.32) (Ord. 259, passed 5-8-1979) Penalty, see § 130.99
No licensee, his or her employee or agent shall permit a visibly intoxicated person to enter on licensed premises which the licensee controls.
(Prior Code, § 130.33) (Ord. 259, passed 5-8-1979) Penalty, see § 130.99
(A) Except as provided in division (B) below, no person shall drink or consume alcoholic liquor in a public place or upon private property extended to the public for use unless licensed, in advance, for that purpose by the Liquor Commission.
(B) No person shall drink or consume alcohol in city parks unless in compliance with the following.
(1) Upon finding it to be in the public interest and consistent with city goals and policies, the City Council may, by motion, exempt a special event from the prohibitions of this section and allow malt beverages and alcoholic liquor to be consumed in the City Civic Center Park.
(2) The motion shall specify the period of time, the location covered by the exemption and must be licensed, in advance, for that purpose by the Liquor Commission.
(Prior Code, § 130.34) (Ord. 259, passed 5-8-1979; Ord. 416, passed 3-8-2010) Penalty, see § 130.99
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