HomeMy WebLinkAboutOrdinance No. 20348
ORDINANCE NO. 20348
AN ORDINANCE CONCERNING OFFENSES; At, lENDiNG SECTIONS
4~105, 4.807 AND 4.990 OF THE EUGENE CODE, 1971; ADDING
SECTIONS 4.710, 4.728, 4.822, 4.880, 4.882 AND 4.922 TO THAT
CODE.
The City of Eugene does ordain as follows:
Section 1. The definition for "Open alcoholic beverage container" in Section 4.105
of the Eugene Code, 1971 is amended to provide:
4~105
Definitions. The following words and phrases, as used in sections 4.115 to
4.235 shall mean:
Open alcoholic beverage container. Any bottle, can or other receptacle
containing any alcoholic liquor, hard liquor, or malt beverage, which has been
opened, or a seal broken, or the contents of which have been partially
removed.
Section 2. Section 4.710 is added to the Eugene Code, 1971, to provide:
4.710
Telephonic Harassment. A telephone caller commits the crime of
telephonic harassment if the caller intentionally harasses or annoys another
person:
(1) By causing the telephone of the other person to ring, such caller having
no communicative purpose; or
(2) By causing such other person's telephone to ring, knowing that the
caller has been forbidden from so doing by a person exercising lawful
authority over the receiving telephone.
Section 3. Section 4.728 is added to the Eugene Code, 1971, to provide:
4.728
ReckiesshL Endange_r_i_.n_g___.Au. oth_er Person. A person commits the crime of
recklessly endangering another person if the person recklessly engages in
conduct which creates a substantial risk of serious physical injury to another
person.
Section 4. Section 4.807 of the Eugene Code, 1971 is amended to provide:
4.807
Criminal Trespass in the Second De_g?e_e_. A person commits the crime of
criminal trespass in the second degree if the person enters or remains
unlawfully in a motor vehicle or in or upon premises.
Ordinance- I
Section 5. Section 4.822 is added to the Eugene Code, 1971, to provide:
4.822
Theft,
(1) Theft in the Third Deqree. A person commits the crime of theft in the
third degree if the total value of the property in a single or an aggregate
transaction is under $50, and the person, with the intent to deprive
another of property or to appropriate property to the person or a third
person, the person:
(a) Takes, appropriates, obtains or withholds such property from an
owner thereof; or
(b) Comes into control of property of another that the person knows
or has good reason to know to have been lost, mislaid or
delivered under a mistake as to the nature or amount of the
property or the identify of the recipient, and with the intent to
deprive the owner thereof fails to take reasonable measures to
restore the property to the owner; or
(c)Obtains property of another, and with the intent to defraud:
1. Creates or confirms another's false impression of law, value,
intention or other state of mind which the actor does not
believe to be true; or
2. Fails to correct a false impression which the person
previously created or confirmed; or
3. Prevents another from acquiring information pertinent to the
disposition of the property involved; or
4. Sells or otherwise transfers or encumbers property, failing to
disclose a lien, adverse claim or other legal impediment to
the enjoyment of the property, whether such impediment is
or is not valid, or is or is not a matter of official record; or
5. Promises performance which the person does not intend to
perform or knows will not be performed.
(d) Receives, retains, conceals or disposes of property of another
knowing or having good reason to know that the property was the
subject of theft. For purposes of this subsection, "receiving"
means acquiring, possession, control or title, or lending on the
security of the property.
(2) Theft in the Second Degree. A person commits the crime of theft in the
second degree if the person commits a theft described in subsection (1)
of this section and the total value of the property in a single or
aggregate transaction is $50 or more, but is under $200 if a theft
described in (1)(d), and under $750 if a theft described in (1)(a), (1)(b)
or (1)(0).
Section 6. Sections 4.880 and 4.882 are added to the Eugene Code, 1971 to
provide:
Ordinance - 2
4.880
Possession of a BuL~l_ar~ Tool or Theft Device.
(1) A person commits the crime of possession of a burglary tool or theft
device if the person possesses a burglary tool or theft device and the
person:
(a) Intends to use the tool or device to commit or facilitate a forcible
entry into premises or a theft by a physical taking; or
(b) Knows that another person intends to use the tool or device to
commit or facilitate a forcible entry into premises or a theft by a
physical taking.
(2) For purposes of this section, "burglary tool or theft device" means an
acetylene torch, electric arc, burning bar, thermal lance, oxygen lance
or other similar device capable of burning through steel, concrete or
other solid material, or nitroglycerine, dynamite, gunpowder or any
other explosive, tool, instrument or other article adapted or designed for
committing or facilitating a forcible entry into premises or theft by a
physical taking.
4.882
Unlawful E~lnto a Motor Vehicle. A person commits the crime of
unlawful entry into a motor vehicle if the person enters a motor vehicle, or
any part of a motor vehicle, with the intent to commit a crime. As used in this
section, "'enters" includes, but is not limited to, inserting any part of the body
or any object connected with the body.
Section 7. Section 4.922 is added to the Eugene Code, 1971 to provide:
4.922
Failure to Report as a Sex Offender. A person who is required to report as
a sex offender and who has knowledge of the reporting requirement commits
the crime of failure to report as a sex offender if the person fails to:
(1) Report following a change of residence, school enrollment or
employment if the crime for which the person is required to report is a
misdemeanor;
(2) Make an annual report; or
(3) Provide complete and accurate information, within the time and in the
manner required by state statute and administrative rule.
Section 8. The matrix of Subsection (1) of Section 4.990 of the Eugene Code,
1971, is amended by adding penalties for violation of the provisions of Sections 4.710,
4~728, 4.822, 4.880, 4.882, and 4.922 of that Code, in numerical order therein, to
provide:
4.990 Penalties - ~ecific.
Ordinance - 3
(1)
Violation of the following sections is punishable by fine or confinement
in jail, or both, up to the amounts indicated opposite each:
Section
4.710
4.728
4.822(1)
4.822(2)
4.880
4.882
4.922
Penalt,/
1,000 fine or 100 days in jail, or both
2,500 fine or 100 days in jail, or both
500 fine or 30 days in jail, or both
1,000 fine or 6 months in iail, or both
500 fine or 30 days in jail, or both
1,000 fine or 6 months in jail, or both
1,000 fine or 100 days in jail, or both
Section 9. 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.
Passed by the City Council this
25th day of JuLy, 2005.
Recorder
Approved by the Mayor this
~ day of July, 2005.
Ordinance - 4