HomeMy WebLinkAboutOrdinance No. 20256
ORDINANCE NO. 20256
AN ORDINANCE CONCERNING THE CPAMES OF FU~ISHING LIQUOR
TO PROHIBITED PERSONS, ALLOWING UNLAWFUL CONSUMPTION,
T~SPASS IN THE FIRST DEGREE~ CROSSING PRIVATE PROPERTY
AND ASSAULTING A PEACE OFFICER; AMENDING SECTIONS 4Al0,
4~808, 4;990, AND 5~555 AND REPEALING 4~131 AND 4.732 OF THE
EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Sectior~ 4.110 of the Eugene Code, 1971, is amended as follows:
4.110 t~.~ 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) No one other than the person' s parent or guardian shall sell, give or otherwise
make available any alcoholic liquor to a person under the age of 21 years. 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 rernain on the property if the person under the age of
21 years constables alcoholic liquor onthe property. The prohibitions of this s~_ibsection 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. Sections 4.131 and 4.732 of the Eugene Code, 1971, are repealed.
Section 3. Section 4.808 of the Eugene Code, 1971, is amended as follows:
4.808
person:
Criminal Trespass in the First De~.
(1) A person commits the crime of criminal trespass in the first degree if the
Ordinance
premises if:
(a) Enters or remains unlawfully in a dwelling;
(b) Enters or remains unlawfully 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;
(c) Having been denied future entry to a building pursuant to a merchant' s
notice oftrespass, reenters the building during hours when the building is open to the
public with the intent to commit theft therein; or
(d) Enters or remains unlawfully upon railroad yards~ tracks, bridges or
rights of way.
(2) Subsection (1)(b) of this section does not apply to the owner of record of the
(a) The owner enters or remains on the premises for the purpose of
inspecting or decontaminating the premises or lawfully removing items from the
premises; and
(b) The owner has not been arrested for, charged with or convicted of a
criminal offense that contributed to the determination that the premises are not fit for
use.
Section 4, Subsections (1) and (9) of Section 4.990 of the Eugene Code, 1971~ are arnended
by revising the penalty for violation of Section 4.110 by adding penalties for violation of new
subsections (1), (2) and (3) to the penalty table; deleting the entries for Sections 4~131 and 4.732
the penalty table; and deleting subsection (9), as follows:
Penalties
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:
Section Penaltz
4.110(1) and (2) $5,000 fine or 1 year injail~ or both
4.110(3) $1,000 fine or community service, or both
5,555
Section 5~ Subsection (3) of section 5.555 of the Eugene Code, 1971~ is amended as follows:
Crossing Private_Pr Premise~ Open to the Public~
(3) Convictions shall not be reported to the Department of Motor Vehicles.
Ordinance ~ 2
Section6. The City' Recorder, at the request of, or with the concurrence of the City Attorney~
~s 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 City COuncil this
12t~ day of June, 2002~
C~ Recorder
Approved by the Mayor this
12tb day of June, 2002.
Ordinm~ce - 3
Kine Fie]land, City Recorder
Date: June 19~ 2002
Scrivener Error Correction to Ordinance No. 20256
6 of
(9) of this
the lead-in
is
you have any questions, please do not hesitate to contact me
G LONG GARY RUDNICK~ P.C~
CIT ' ATTOm'4EYS