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(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 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. 264, passed 1-12-1981) Penalty, see § 130.99
(A) Assault. No person shall:
(1) Intentionally, knowingly, or recklessly cause physical injury to another; or
(2) With criminal negligence cause physical injury to another by means of a deadly weapon.
(B) Menacing. No person shall by word or conduct intentionally attempt to place another person in fear of imminent serious physical injury.
(C) Harassment. No person shall, with intent to harass, annoy or alarm another person or subject another to offensive physical contact.
(D) Recklessly endangering another person. No person shall recklessly engage in conduct which creates a substantial risk of serious physical injury to another person.
(E) Disorderly conduct. No person shall, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
(1) Engage in fighting or in violent, tumultuous, or threatening behavior;
(2) Use fighting words or obscene language, or make an obscene gesture in a public place;
(3) Disturb any lawful assembly or persons without lawful authority;
(4) Obstruct vehicular or pedestrian traffic in or on a public way, sidewalk, walkway, public place, and street or roadway;
(5) Congregate with other persons in a public place and refuse to comply with a lawful order to disperse;
(6) Initiate or circulate a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe, or other emergency; and/or
(7) Create a hazardous or physically offensive condition by any act which he or she is not licensed or privileged to do.
(F) Loitering. No person shall:
(1) Loiter in, on, or near a school building or grounds, not having any reason or relationship involving custody or responsibility for a student, or upon inquiry by a peace officer or school official, not having a specific legitimate reason for being there; and
(2) Loiter in, on, or about a public place frequented by children, including swimming pools, school bus stops, playgrounds and parks, and public premises adjacent thereto, for the purpose of annoying, bothering, or molesting children.
(G) Abuse of venerated objects.
(1) No person shall intentionally abuse a public monument or structure, a place of worship or burial, or the national or state flag.
(2) As used in this section,
ABUSE means to deface, damage, defile, or otherwise physically mistreat in a manner likely to outrage public sensibilities.
(Ord. 08-2006, passed 7-10-2006) Penalty, see § 130.99
(A) Definition. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERSON RESPONSIBLE FOR THE SUPERVISION OF A CHILD UNDER THIS SECTION. Includes a parent, lawful guardian, or other person lawfully charged with the care or custody of a child under the age of 18 years.
(B) Failure to supervise. A person responsible for the care of minor commits the offense of failure to supervise when that child commits the following acts:
(1) When the child is in violation of this code such that he or she is brought within the jurisdiction of the juvenile court;
(2) When the child violates the curfew law (§ 130.01); and
(3) Fails to attend school as required under ORS 339.010.
(C) Affirmative defenses. If a person fails to supervise a child under division (B)(1) above, it is an affirmative defense when that person:
(1) Is the victim of the act that brings the child within the jurisdiction of the juvenile court; or
(2) Reported the act to the appropriate authorities.
(Ord. 09-2006, passed 7-10-2006) Penalty, see § 130.99
ADOPTED CODES
(A) Oregon Criminal Code adopted. Violation of any provision of the Oregon Criminal Code of 1978, being ORS Chapters 161 through 167, as now or hereafter constituted, shall be an offense against this city.
(B) Adoptions of state criminal laws. Violation of provisions in ORS Chapters 131 to 169 inclusive, as now or hereafter constituted, shall be an offense against this city.
(C) Oregon Uniform Controlled Substances Act adopted. Violation of any provision of the Oregon Uniform Controlled Substances Act of 1977, as now or hereafter constituted, shall be an offense against this city.
(D) Oregon Liquor Control Act adopted. Violation of any provision of the Oregon Liquor Control Act of 1933, being ORS Chapter 471 and ORS 474.105 to 474.115, as now or hereafter constituted, shall be an offense against this city.
(E) Possession and Use of Firearms Act adopted. Violation of any provision of the Possession and Use of any Firearms, ORS 166.180 to 166.645, inclusive as now or hereafter constituted, shall be an offense against this city.
(F) Offenses outside city limits. Where permitted by state law, an act made unlawful by this section shall constitute an offense when committed on any property owned or leased by the city, even though outside the corporate limits of the city.
(G) Jurisdiction. In the above acts and codes, the city shall have jurisdiction over violations and misdemeanors only.
(Ord. 264, passed 1-12-1981) Penalty, see § 130.99
DRUG PARAPHERNALIA
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTROLLED SUBSTANCE. A drug or its immediate precursor classified in Schedules I through V under Federal Controlled Substances Act, 21 U.S.C. §§ 811 to 812, as modified under ORS 475.035.
DRUG PARAPHERNALIA. All equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this subchapter.
(1) It includes, but is not limited to:
(a) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(b) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(c) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(d) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances;
(e) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose used, intended for use, or designed for use in cutting controlled substances;
(g) Separation gins and sifters used, or designed for use, in removing twigs and seeds from, or otherwise cleaning or refining marijuana;
(h) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(i) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(j) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(k) Hypodermic syringes, needles, and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body; and
(l) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
6. Miniature cocaine spoons and cocaine vials;
7. Chamber pipes;
8. Carburetor pipes;
9. Electric pipes;
10. Air-driven pipes;
11. Chillums;
12. Bongs; and
13. Ice pipes or chillers.
(2) In determining whether an object is drug paraphernalia, the authority should consider, in addition to all other logically relevant factors, the following:
(a) Statements by an owner or by anyone in control of the object concerning its use;
(b) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
(c) The proximity of the object, in time and space, to a direct violation of this chapter;
(d) The proximity of the object to controlled substances;
(e) The existence of any residue of controlled substances on the object;
(f) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this subchapter; the innocence of any owner, or of anyone in control of the object, as a direct violation of this section shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
(g) Instructions, oral or written, provided with the object concerning its use;
(h) Descriptive materials accompanying the object which explain or depict its use;
(i) National and local advertising concerning its use;
(j) The manner in which the object is displayed for sale;
(k) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(l) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(m) The existence and scope of legitimate uses for the object in the community; and
(n) Expert testimony concerning its use.
(Ord. 03-2007, passed 3-5-2007)
It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this subchapter.
(Ord. 03-2007, passed 3-5-2007) Penalty, see § 130.99
It is unlawful for any person to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this subchapter.
(Ord. 03-2007, passed 3-5-2007) Penalty, see § 130.99
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