For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
CHRONIC NUISANCE PROPERTY: A. Property on which three (3) or more nuisance activities exist or have occurred during any ninety (90) day period; or
B. Property on which or within four hundred feet (400') of which any person associated with the property has engaged in three (3) or more nuisance activities during any ninety (90) day period; or
C. Property which, upon request for execution of a search warrant, has been the subject of a determination by a court that probable cause does exist that possession, manufacture, or delivery of a controlled substance or related offenses as defined in Oregon Revised Statutes 167.203, 475.005 through 475.285 and/or 475.940 through 475.980 has occurred within the previous ninety (90) days, and the City Police Department has determined that the search warrant was based on evidence of continuous or repeated nuisance activities at the property; or
D. Property on which continuous or repeated "nuisance activities" as defined in subsections G, H, M, and N of that definition, exist or have occurred.
CONTROL: The ability to regulate, restrain, dominate, counteract or govern property, or conduct that occurs on a property.
NUISANCE ACTIVITIES: Any of the following activities, behaviors or conduct:
A. Harassment as defined in Oregon Revised Statutes 166.065(1)(a).
B. Intimidation as defined in Oregon Revised Statutes 166.155 through 166.165.
C. Disorderly conduct as defined in Oregon Revised Statutes 166.025.
D. Assault or menacing as defined in Oregon Revised Statutes 163.160 through 163.190.
E. Sexual abuse, contributing to the delinquency of a minor or sexual misconduct as defined in Oregon Revised Statutes 163.415 through 163.445.
F. Public indecency as defined in Oregon Revised Statutes 163.465.
G. Prostitution or related offenses as defined in Oregon Revised Statutes 167.007 through 167.017.
H. Alcoholic liquor violations as defined in Oregon Revised Statutes 471.105 through 471.482.
I. Offensive littering as defined in Oregon Revised Statutes 164.805.
J. Criminal trespass as defined in Oregon Revised Statutes 164.243 through 164.265.
K. Theft as defined in Oregon Revised Statutes 164.015 through 164.140.
L. Arson or related offenses as defined in Oregon Revised Statutes 164.315 through 164.335.
M. Possession, manufacture, or delivery of a controlled substance or related offenses as defined in Oregon Revised Statutes 167.203, 475.005 through 475.285, and/or 475.940 through 475.980.
N. Illegal gambling as defined in Oregon Revised Statutes 167.117, and/or 167.122 through 167.127.
O. Criminal mischief as defined in Oregon Revised Statutes 164.345 through 164.365.
Q. Fire or discharge of a weapon as defined in section 5-1-3 of this code.
R. Unlawful operation of sound producing or reproducing equipment as defined in section 4-3-3 of this title.
S. Curfew as defined by Oregon Revised Statutes 419C.680.
T. Curfew as defined by section 5-2-1 of this code.
PERSON: Any natural person, agent, association, firm, partnership, corporation or other entity capable of owning, occupying or using property in the city.
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 of a property.
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 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 residence, 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 may be limited to the unit or the portion of the property on which any nuisance activity 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. 778, 9-4-2012)
Notes
| 1 | 1. As defined in ORS 161.405. |
| 2 | 2. As defined in ORS 161.450. |