For the purposes of this subchapter, the following definitions shall apply if the context clearly indicates or requires a different meaning.
CHRONIC NUISANCE PROPERTY. Property on which two or more nuisance activities have occurred during any 30-day period; property on which, or within 200 feet of, any person associated with the property has engaged in two or more nuisance activities during any 30-day period; or property which, upon request for execution of a search warrant, has been the subject of a determination by a court that probable cause that possession, manufacture, or delivery of a controlled substance or related offenses under Oregon law have occurred within the previous 30 days; and the execution of the search warrant has resulted in the discovery of such controlled substances.
CONTROL. The ability to regulate, restrain, dominate, counteract or govern conduct that occurs on a property.
NUISANCE ACTIVITIES. Any of the following activities, behaviors or criminal conduct, as defined under Oregon state law: harassment; intimidation; disorderly conduct; assault or menacing; sexual abuse, contributing to the delinquency of a minor, or sexual misconduct; public indecency; prostitution or related offenses; alcoholic liquor violations; theft; arson or related offenses; possession, manufacture, or delivery of a controlled substance or related offenses; illegal gambling; criminal mischief; any attempt to commit (as defined by O.R.S. 161.405), or conspiracy to commit (as defined by O.R.S. 161.455), any of the above offenses; unlawful discharge of a firearm; unlawful operation of sound-producing or reproducing equipment or unnecessary noise.
PERMIT. To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the commission of an act.
PERSON. Any natural person, agent, association, firm, partnership or corporation capable of owning, occupying or using property in the City of Shady Cove.
PERSON ASSOCIATED WITH. Any person who, on the occasion of a nuisance activity, has entered, patronized, visited, or attempted to enter, patronize or visit, or waited to enter, patronize or visit a property or person present on a property, including without limitation any officer, director, customer, agent, employee, or any independent contractor of a property, person in charge, or owner thereof.
PERSON IN CHARGE. Any person, in actual or constructive possession of a property, including but not limited to an owner or occupant of property under his or her dominion, ownership or control.
PROPERTY. Any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residential premises, room, house, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof, or any business equipment, whether or not permanent. For property consisting of more than one unit, PROPERTY is limited to the unit or the portion of the property on which any nuisance abatement has occurred or is occurring, but includes areas of the property used in common by all units of property including without limitation other structures erected on the property and areas used for parking, loading and landscaping.
(Ord. 274, passed 8-6-2015)