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<br />ORDINANCE NO. 20358 <br /> <br />AN ORDINANCE CONCERNING OFFENSES; AMENDING <br />SECTIONS 4.710 AND 4.940, OF THE EUGENE CODE, <br />1971; AND PROVIDING AN IMMEDIATE EFFECTIVE <br />DATE. <br /> <br />THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: <br /> <br />Section 1. Section 4.710 of the Eugene Code, 1971, is amended to provide: <br /> <br />4.710 Telephonic Harassment. A telephone caller commits the crime of <br />telephonic harassment if the caller intentionally harasses or annoys another <br />person: <br />(1) By causing the telephone of the other person to ring, such caller having <br />no communicative purpose; or <br />(2) By causing such other person's telephone to ring, knowing that the <br />caller has been forbidden from so doing by a person exercising lawful <br />authority over the receiving telephone. <br />(3) By sending to, or leaving at, the other person's telephone a text <br />message, voice mail or any other message, knowing that the caller has <br />been forbidden from so doing by a person exercising lawful authority <br />over the receiving telephone. <br />(4) It is an affirmative defense to a charge of violating this section that the <br />caller is a debt collector, as defined in ORS 646.639, who engaged in <br />the conduct proscribed by this section while attempting to collect a debt. <br />The affirmative defense created by this subsection does not apply if the <br />debt collector committed the unlawful collection practice described in <br />ORS 646.639(2)(a) while engaged in the conduct proscribed by this <br />section. <br /> <br />Section 2. Section 4.940 of the Eugene Code, 1971, is amended to provide: <br /> <br />4.940 Fire Control. A person commits the offense of refusing to assist in fire- <br />fighting operations if: <br />(a) Upon command by a person known by the person to be a firefighter the <br />person unreasonably refuses or fails to assist in extinguishing a fire or <br />protecting property threatened thereby; or <br />(b) Upon command by a person known by the person to be a firefighter or <br />peace officer the person intentionally and unreasonably disobeys a <br />lawful order relating to the conduct of the person in the vicinity of a fire. <br />(c) Subsections (a) and (b) of this section do not apply to a person working <br />for a news organization if the person is reporting on the fire and the <br />person does not unreasonably interfere with fire-fighting operations. <br /> <br />Ordinance - 1 <br />