HomeMy WebLinkAboutOrdinance No. 20245
ORDINANCE NO. 20245
AN ORDINANCE CONCERNING THE CRIMES OF
HARASSMENT, T~SPASS, VIOLATION OF PRIVACY,
INI'ERFERING WITH A POLICE OFFICER, AND
INTERFERING WITH PUBLIC TRANSPORTATION;
AMENDING SECTIONS 4.726, 4.808, 4.810, 4.907 AND 4.990,
AND ADDING SECTION 4.977 OF THE EUGENE CODE,
1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Subsections (1)(c) and (2) of Section 4.726 of the Eugene Code, 1971, are
amended as follows:
4.726 Harassmem.
(1) A person commits the crime of harassment if the person intentionally:
(c) Subjects another to alarm by conveying a telephonic, electronic or
w~ritten threat to inflict serious physical injury on tha:r person or to commit a felony
involving the person or property of that person or any member of that persor~'s family,
which threat reasonably would be expected to cause alarm.
(2) A person is criminally liable fbr harassment if the person knowingly permits
any telephone or electronic device under the person's control to be used in violation of subsection
(1) of' this section.
Section 2. Section 4.808 of the Eugene Code, 1971, is amended as fbllows:
4.808
person:
premises if:
Criminal Trespass in the First De rgr~.
(1) A person commits the crime of criminal trespass in the first degree if the
(a) Enters or rernains unlawfhlly in a dwelling; or
(b) Enters or remains -tmlawfully in or upon premises that have been
determined to be not fit for use under ORS 453~855 to 453.912 as provided by
administrative rules adopted by the city manager under section 2.019 of this code.
(2) Subsection (1)(b) of this section does not apply to the ow~aer of record of the
(a) The owner enters or remains on the premises fbr the purpose of
inspecting or decontaminating the premises or lawfully removing ~tems from the
premises; and
(b) The owner has not been arrested for, charged with or convicted of a
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crhrfinal offense that contributed to the determination that the premises are not fit for
use.
_Section 2. Section 4.810 of the Eugene Code, 197t, is amended as follows:
4~810 Viol. vac_2 of Another.
(1) No person, other than an officer performing a lawful duty, shall enter upon
land or into a 'building used in whole or part as a dwelling not the person's own without permission
of the owner or person entitled ro possession thereof and 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 i~ at the time the recording is being made or recorded, the person being
recorded ~s 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 ofnudky without the consent of the
other person while hhe other person is in a place and circumstance where the person has a reasonable
expectation of personal privacy.
(4) 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 ~br the purpose of medical diagnosis,
~reatmenr~ 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 en~brcement
or corrections activity or necessary to the proper functioning of the criminal justice
sys~em~ including but not limited to the operation and management of jails, prisons
and other youth and adult corrections facilities.
(5) As used in subsections (2), (3) and (4) of this section, the following terms and
phrases mean:
Make or record a photograph, motion picture, vi.d. eotape 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.
Nudi. t~. 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
pcrso . Includes, but is not limited to, a bathroom, dressing room, locker
room thai 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,
Public view. Means that an area can be readily seen and that a person within
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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.
Section 4. Section 4.907 of the Eugene Code, 1971, is a~nended to provide:
4.907 In_;erferin_g_~With a Police Officer. A person connnits the crime of interfering v,4th
a police officer if the person, knoMng that another person is a police officer,
intentionally acts in a mariner that prevents, or attempts to prevent~ a police officer from perfbrming
tlne lawfhl duties of the police officer wkh regards to another person, or the person refuses to obey
a tawful order by the police oflicer. This section does not apply in situations in which the person is
engaging in activity that would constitute resisting arrest under section 4.910 of this code, or in
which the person is engaging in passive resistance.
Section 5. Section 4.977 of the Eugene Code, 1971, is added to provide:
Miscellaneous
4.977
person:
Inter,bring with Public Transportation.
(1) As used in this section, the follow/ng words and phrases mean:
Enter or remain unlawfully. Has the meaning given that term in section 4.805
of this code.
Pubt2c transit station. Includes all facilities, structures, lands and rights of
way that are owned, leased, held or used for the purposes of providing public
transportation services.
Public transit vehicle. A vehicle that is used fbr public transportation or
operated by or under contract to any public body in order to provide public
transportation.
Public tr~sportation. Transportation provided by a city, county', special
district or any other political subdivision or municipal or public corporation~
(2) A person commits the crime of interfering wqth public transportation if the
(a) Intentionally or knowingly enters or remains unlawfully in or on a
public transk vehicle or public transit station;
(b) Intentionally or knowingly interferes with the provision or use of
public transportation serwices by, among other things, interfering with the movement
of~ or access to, public transit vehicles;
(c) While in or on a public transit vehicle or pubtic transit station,
engages in disorderly conduct as defined in section 4.725 of tiffs code; or
(d) Subjects a public transportation passenger, employee, agent~ security
officer or transit police officer to offensive physical contact.
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_Section~ Section 4.990 of the Eugene Code~ 1971~ is amended by amending the penalties
for violations of Sections 4.808 and 4.910~ and adding penalties for violations of Sections 4.810~
4.907 and 4.977 of the Eugene Code, 197 l, in numerical order to the penalty table in Subsection (1)
thereof'.., as follows:
Penalties
4.990 Pena_!!ies * Specific.
(1) Violation of the following sections is punishable by fine or confinement in
jail, or both, up to the amounts indicated opposite each:
S__ectioB
4.8O8
4.810(1)
4.810(2) and (3)
4.907
4.910
4~977
Penal_l~
5,000 fine or one year in jail, or both
500 tine or 100 days in jail, or both
5,000 fine or one year in jail, or both
5,000 fine or one year injail, or both
5,000 fine or one year in jail, or both
5,000 fine or one year injail, or both
S~etion 7_, The City Recorder, at the request of, or with the concurrence of the CiD, 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.
Passed by the CiD, Council th~s
14ta day of January, 2002,
Recorder
Approved by the Mayor this
day of JanUary, 2002.
Mayor
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