HomeMy WebLinkAboutOrdinance No. 20560
COUNCIL ORDINANCE NO. 20560
COUNCIL BILL 5151
AN ORDINANCE CONCERNING STATE LAW CONSISTENCY; AMENDING
CHAPTER 4 (OFFENSES) AND CHAPTER 5 (TRAFFIC); AND PROVIDING AN
EFFECTIVE DATE.
ADOPTED:January, 25, 2016
SIGNED:January 27, 2016
PASSED:8:0
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE: Immediate
ORDINANCE NO. 20560
AN ORDINANCE CONCERNING STATE LAW CONSISTENCY; AMENDING
CHAPTER 4 (OFFENSES) AND CHAPTER 5 (TRAFFIC); AND PROVIDING AN
EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 4.110 of the Eugene Code, 1971, is amended to provide:
4.110 Sales, Etc., to Certain Persons Prohibited
.
(1)
No person shall sell, give or otherwise make available any alcoholic liquor to
any person who is visibly intoxicated.
(2)
make available any alcoholic liquor to a person under the age of 21 years. A
parent or guardian may give or otherwise make alcoholic liquor available to a
person under the age of 21 years only if the person is in a private residence
and is accompanied by the parent or guardian. A person violates this
subsection who sells, gives or otherwise makes available alcoholic liquor to a
person with the knowledge that the person to whom the liquor is made
available will violate this subsection.
(3)
No person who exercises control over private real property may knowingly
allow any other person under the age of 21 years who is not a child or minor
ward of the person to consume alcoholic liquor on the property, or allow any
other person under the age of 21 years who is not a child or minor ward of the
person to remain on the property if the person under the age of 21 years
consumes alcoholic liquor on the property. The prohibitions of this subsection
apply only to a person who is present and in control of the location at the time
the consumption occurs. The prohibitions of this subsection do not apply to
the owner of rental property, or the agent of an owner of rental property,
unless the consumption occurs in the individual unit in which the owner or
agent resides.
(4)
Nothing in this section prohibits any licensee under this chapter from allowing
a person who is visibly intoxicated from remaining on the licensed premises so
long as the person is not sold or served any alcoholic liquor.
Section 2.
Section 4.240 of the Eugene Code, 1971, is repealed.
Section 3.
Section 4.241 of the Eugene Code, 1971, is added to provide:
4.241 Use of Marijuana Items in Public Place.
(1)
No person shall engage in the use of marijuana items in a public place.
(2)
meanings given those terms in section 5, chapter 1, Oregon Laws 2015.
Ordinance - Page 1 of 6
Section 4.
Section 4.242 of the Eugene Code, 1971, is added to provide:
4.242 Marijuana in Public View.
(1)
No person may produce, process, or store homegrown marijuana or
homemade cannabinoid products or cannabinoid concentrates if the
homegrown marijuana or homemade cannabinoid products or cannabinoid
concentrates can be readily seen by normal unaided vision from a public
place.
(2)
Laws 2015.
Section 5.
Section 4.782 of the Eugene Code, 1971, is amended to provide:
4.782 Criminal Mischief in the Second Degree
. A person commits the crime of criminal
mischief in the second degree if:
(a)
The person violates section 4.780, and as a result thereof, damages property
in an amount exceeding $500; or
(b)
Having no right to do so nor reasonable ground to believe that the person has
such right, the person intentionally damages property of another, or, the
person recklessly damages property of another in an amount exceeding $500.
Section 6.
Section 4.805 of the Eugene Code, 1971, is amended by amending the
to provide:
4.805 Trespassing - Definitions
. As used in sections 4.806 to 4.810, except as the
context requires otherwise:
"Enter or remain unlawfully
" means:
(a) To enter or remain in or upon premises when the premises, at the time of such
entry or remaining, are not open to the public and the entrant is not otherwise
licensed or privileged to do so; or
(b) To fail to leave premises that are open to the public after being lawfully
directed to do so by the person in charge; or
(c) To enter premises that are open to the public after being lawfully directed not
to enter the premises.
Section 7.
Section 4.812 of the Eugene Code, 1971, is amended to provide:
4.812 Violating Privacy of Another
.
(1)
No person, other than an officer performing a lawful duty, shall enter upon
without permission of the owner or person entitled to possession thereof and
Ordinance - Page 2 of 6
while so trespassing look through or attempt to look through a window, door or
transom of the dwelling or that part of the building used as a dwelling with the
intent to violate the privacy of any other person.
(2)
No person shall knowingly make or record a photograph, motion picture,
videotape or other visual recording of another person in a state of nudity
without the consent of the person being recorded if, at the time the recording
is being made or recorded, the person being recorded is in a place and
circumstance where the person has a reasonable expectation of personal
privacy.
(3)
No person shall, for the purpose of arousing or gratifying the sexual desire of
the person, be in a location to observe another person in a state of nudity
without the consent of the other person while the other person is in a place
and circumstance where the person has a reasonable expectation of personal
privacy.
(4)
No person shall knowingly make or record a photograph, motion picture,
videotape or other
the consent of the person being recorded and the person being recorded has
a reasonable expectation of privacy concerning the area.
(5)
Subsections (2) and (3) of this section shall not apply to:
(a) Any legitimate medical procedure performed by or under direction of a
person licensed to provide medical service for the purpose of medical
diagnosis, treatment, education or research, including, but not limited to,
the recording of medical procedures; and
(b) Any activity undertaken in the course of bona fide law enforcement or
corrections activity or necessary to the proper functioning of the criminal
justice system, including but not limited to the operation and
management of jails, prisons and other youth and adult corrections
facilities.
(6)
As used in subsections (2), (3), (4) and (5) of this section, the following terms
and phrases mean:
Intimate Area.
Means nudity, or undergarments that are being worn by a
person and are covered by clothing.
Make or record a photograph, motion picture, videotape or other visual
recording
. Includes, but is not limited to, making or recording or employing,
authorizing, permitting, compelling or inducing another person to make or
record a photograph, motion picture, videotape or other visual recording.
Nudity
. Means uncovered, or less than opaquely covered, post-pubescent
human genitals, pubic areas or a post-pubescent human female breast below
a point immediately above the top of the areola. Nudity includes a partial state
of nudity.
Place and circumstance where the person has a reasonable expectation
of personal privacy
. Includes, but is not limited to, a bathroom, dressing
room, locker room that includes an area for dressing or showering, tanning
booth and any area where a person undresses in an enclosed space that is
not open to public view.
Ordinance - Page 3 of 6
Public view
. Means that an area can be readily seen and that a person
within the area can be distinguished by normal unaided vision when viewed
from a public place as that term is defined in Section 4.890 of this code.
Reasonable expectation of privacy concerning the intimate area.
Means
that the person intended to protect the intimate area from being seen and has
not exposed the intimate area to public view.
Section 8.
Section 4.888 of the Eugene Code, 1971, is amended to provide:
4.888 Weapons - Unlawful Possession of Firearms
.
(1)
Except as otherwise provided in this section, section 4.889, ORS 166.260,
166.270, 166.274, 166.280, 166.291, 166.292 or 166.410 to 166.470, a
person commits the crime of unlawful possession of a firearm if the person
knowingly:
(a) Carries any firearm concealed upon the person, without having a license
to carry the firearm as provided in ORS 166.291 and 166.292;
(b) Possesses a handgun that is concealed and readily accessible to the
person within any vehicle; or
(c) Possesses a firearm and:
1. Is under 18 years of age;
2. Has been convicted of a felony or found guilty, except for insanity
under ORS 161.295, of a felony;
3. Was committed to the Mental Health and Development Disability
Services Division under ORS 426.130 within four years prior to
January 1, 1990; or
4. Was found to be mentally ill and subject to an order under ORS
426.130 that the person be prohibited from purchasing or
possessing a firearm as a result of that mental illness.
(2)
This section does not prohibit:
(a) A minor, who is not otherwise prohibited under subsection (1)(c) of this
section, from possessing a firearm:
1. Other than a handgun, if the firearm was transferred to the minor
by the minor's parent or guardian or by another person with the
consent of the minor's parent or guardian; or
2. Temporarily for hunting, target practice or any other lawful
purpose; or
(b) Any citizen of the United States over the age of 18 years who resides in
or is temporarily sojourning within this state, and who is not within the
excepted classes prescribed by ORS 166.270 and subsection (1) of this
section, from owning, possessing or keeping within the person's place of
residence or place of business any handgun, and no permit or license to
purchase, own, possess or keep any such firearm at the person's place
of residence or place of business is required of any such citizen. As
used in this subsection, "residence" includes a recreational vessel or
recreational vehicle while used, for whatever period of time, as
residential quarters.
Ordinance - Page 4 of 6
(3)
Firearms carried openly in belt holsters are not concealed within the meaning
of this section.
Section 9.
Section 4.990 of the Eugene Code, 1971, is amended by repealing the
penalty for 4.240; adding penalties for 4.241, 4.242 and 4.812(4) in numerical order to the list of
penalties; and amending the penalty for 4.729 to provide:
4.990 Penalties - Specific
.
(1)
Violation of the following sections is punishable by fine or confinement in jail,
or both, up to the amounts indicated opposite each. In addition, the court may
order any treatment, related to the violation, deemed necessary for
rehabilitation of the offender and the safety of the community.
Section Penalty
4.241 1000 fine
4.242 1000 fine
4.729 2500 fine or 1 year in jail, or
both
4.812(2), (3) and (4) 5,000 fine or one year in jail, or both
Section 10.
Section 5.005 of the Eugene Code, 1971, is amended to provide:
5.005 State Traffic Laws
. The provisions of ORS Chapters 801, 802, 803, 805, 806, 807,
809, 810, 811, 813, 814, 815, 816, 818, 819, 820, 821, 822, 823, 825 and OAR
740.100.0010 issued thereunder, and Chapter 153, except for ORS 153.019, ORS
153.020, and ORS 153.021, are hereby adopted, and violations thereof shall
constitute an offense against the city.
Section 11.
The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or in other
provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein.
Section 12.
As a result of certain Bills that passed during the 2015 Legislation Session
which have become effective, it is necessary to amend the City Code provisions relating to City
offenses and State Traffic Laws immediately. Therefore, pursuant to the provisions of Section
32(2) of the Eugene Charter of 2002, with the affirmative vote of two-thirds of the members of the
Ordinance - Page 5 of 6