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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Properties at or near, within 200 feet, with any combination of:
(a) Three or more of the nuisance activities listed in the definition of “nuisance activity” below which occur during any 30-day period;
(b) Four or more of the nuisance activities listed in the definition of “nuisance activity” below which occur during any 90-day period; or
(c) Six or more of the nuisance activities listed in the definition of “nuisance activity” below which occur during any 365-day period.
(2) If nuisance activity occurs near the properties, acts or conditions on the properties must have substantially contributed to bring about the nuisance activity.
NUISANCE ACTIVITY. To commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit any conduct that constitutes a crime, as defined in O.R.S. 161.515, or a violation, as defined in O.R.S. 161.565, or any of the following provisions of this code or the Oregon Revised Statutes:
(1) O.R.S. 471.410, relating to furnishing liquor to minors;
(2) O.R.S. 471.412, relating to serving liquor to visibly intoxicated persons;
(3) O.R.S. 471.430, relating to possession of liquor by minors;
(4) O.R.S. 471.478 through 471.482, relating to the sale of liquor by minors;
(5) O.R.S. 471.405, relating to the unlicensed sale of delivery of liquor;
(6) Code § 130.04, relating to public excretion;
(7) O.R.S. 163.160 through 163.185, relating to assault;
(8) O.R.S. 163.190, relating to menacing;
(9) O.R.S. 163.195, relating to reckless endangerment;
(10) O.R.S. 166.025, relating to disorderly conduct;
(11) O.R.S. 166.155 through 166.165, relating to intimidation;
(12) O.R.S. 166.065, relating to harassment;
(13) Code § 130.01 or O.R.S. 166.630, relating to discharge of a weapon;
(15) O.R.S. 163.465, relating to public indecency;
(16) O.R.S. 163.415, relating to sexual abuse;
(17) O.R.S. 167.007 through 167.017, relating to prostitution;
(18) O.R.S. 164.345 through 164.365, relating to criminal mischief;
(19) O.R.S. 164.315 through 164.335, relating to arson and related offenses;
(20) O.R.S. 163.575, relating to endangerment of the welfare of a minor;
(21) O.R.S. 164.805, relating to littering;
(22) O.R.S. 163.305 through 163.465, relating to sexual offenses;
(23) O.R.S. 167.117 or O.R.S. 167.122 through 167.127, relating to gambling offenses;
(24) O.R.S. 475.005 through 475.285 and 475.906, 475.940 through 475.980, relating to the Uniform Controlled Substances Act;
(25) O.R.S. 475B.260, relating to possession of marijuana by minors;
(26) O.R.S. 475B.270, relating to providing marijuana or allowing marijuana consumption by minors;
(27) Code § 130.06, relating to consumption of alcohol in public;
(28) O.R.S. 162.325, relating to hindering prosecution; or
(29) O.R.S. 164.095, relating to theft by receiving.
PERSON IN CHARGE. A person, a representative or employee of the person who has lawful control of properties by ownership, tenancy, official position, or other legal relationship, including, but not limited to:
(1) A person authorized to manage properties; and
(2) A person authorized to enter into a rental agreement on behalf of another person in charge of properties.
PROPERTIES. Includes any building and any real property, whether privately or publicly owned.
(Prior Code, § 5.905) (Ord. 1999-13, passed 10-22-1999)