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<br />ATTACHMENT A <br /> <br />ORDINANCE NO. __________ <br /> <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 /> <br /> THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: <br /> <br /> Section 1. <br /> Section 4.710 of the Eugene Code, 1971, is amended to provide: <br />4.710 Telephonic Harassment. <br /> A telephone caller commits the crime of <br />telephonic harassment if the caller intentionally harasses or annoys another <br />person: <br />(1) <br /> By causing the telephone of the other person to ring, such caller having <br />no communicative purpose; or <br />(2) <br /> 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 <br />caller has been forbidden from so doing by a person exercising <br />lawful authority over the receiving telephone. <br />(4) It is an affirmative defense to a charge of violating this section <br />that the caller is a debt collector, as defined in ORS 646.639, who <br />engaged in the conduct proscribed by this section while <br />attempting to collect a debt. The affirmative defense created by <br />this subsection does not apply if the debt collector committed the <br />unlawful collection practice described in ORS 646.639(2)(a) while <br />engaged in the conduct proscribed by this section. <br /> <br />Section 2. <br /> A new Subsection (c) is added to Section 4.940 of the Eugene Code, <br />1971, to provide: <br />4.940 Fire Control <br />. A person commits the offense of refusing to assist in fire- <br />fighting operations if: <br />(a) <br /> Upon command by a person known by the person to be a [fireman] <br />firefighter the person unreasonably refuses or fails to assist in <br />extinguishing a fire or protecting property threatened thereby; or <br />(b) <br /> Upon command by a person known by the person to be a [fireman] <br />firefighter or peace officer the person intentionally and unreasonably <br />disobeys a lawful order relating to the conduct of the person in the <br />vicinity of a fire. <br />Ordinance - <br />1 <br /> <br />