Laserfiche WebLink
Ordinance without formatting <br />showing Council amendments. <br />(v) False Swearing on a Keg Receipt, section 4.908 of this code, made <br />unlawful under section 4.191 of this code. <br />(w) Prohibited Noise, sections 4.080 through 4.083 of this code. <br />(x) Interfering with a Peace Officer, ORS 162.247, and section 4.907 of this <br />code. <br />(y) Harassment, section 4.726 of this code. <br />(z) Menacing, section 4.730 of this code. <br />(aa) Hindering Prosecution, section 4.912 of this code. <br />(bb) Resisting Arrest, section 4.910 of this code. <br />(cc) Urinating/Defecating, section 4.770 of this code. <br />(2) <br /> Notice. <br />(a) Upon the occurrence of a response under subsection (1) of this section, <br />and in circumstances where the person(s) responsible for the gathering <br />was not the first to call police to request assistance, a “First Response <br />Warning Notice” shall be provided to: <br />1. The person(s) responsible for the gathering; <br />2. The person(s) in charge of the premises, if different than the <br />person specified in (a)1., and if present at the time of the <br />gathering; and <br />3. Owner(s) of the premises, if different than the persons specified in <br />(a)1. and (a)2., and if present at the time of the gathering. <br />If the activity or conduct occurs on premises not occupied by the owner <br />and the owner is not present at the gathering, a copy of the notice shall <br />be mailed to the owner. An owner who receives notice pursuant to the <br />immediately preceding sentence shall not be deemed a notice recipient <br />for purposes of liability for the special response fee as set forth in <br />subsection (4) of this section. If a notice recipient is a minor, such <br />notice shall be mailed to the parents or guardians of the minor by <br />certified mail, return receipt requested. <br />(b) Any person to whom a first response warning notice has been issued <br />may contest the validity of the notice by filing a written request for review <br />with the municipal court. The request must be filed within 15 days from <br />the date the notice was issued and shall set forth with particularity the <br />reason(s) the determination is invalid. The decision of the municipal <br />court shall be based on the report of the incident giving rise to the notice <br />and the written information provided by the person to whom the notice <br />was issued. The municipal court’s decision on the validity of the notice <br />shall be final, and shall be issued within ten days from the date the <br />request is received. If the notice is found invalid, it shall be so noted on <br />all entries in the city’s records. The filing of a written request for review <br />with the municipal court shall not toll the running of the 90 day period <br />specified in subsection (3) of this section. <br />(3) <br /> Special Response Fee. Each notice recipient shall be liable for a special <br />response fee as set forth in subsection (4) of this section if within 90 days after <br />issuance of the notice the police respond to a subsequent gathering of 25 or <br />more persons on the same premises and the police arrest or cite two or more <br />persons for violation of the Oregon criminal statutes or provisions of this code <br />listed in subsection (1) of this section. Notwithstanding the prior sentence, a <br />notice recipient at a gathering shall not be liable for the special response fee if <br />the notice recipient was the person who was the first individual to call the <br />police to request assistance, and the person can demonstrate that he or she <br />Ordinance - Page 5 of 7 <br />10/10/12 WS Ordinance <br /> <br />