HomeMy WebLinkAboutOrd. 20649
20649
040
4.922
.
ADOPTED:211
SIGNED:April23,2021
PASSED:8:0
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE:
ORDINANCE NO. 20649
AN ORDINANCE CONCERNING CHAPTER 4 OFFENSES; ADDING SECTION
4.040 TO THE EUGENE CODE, 1971; AMENDING SECTIONS 4.330, 4.340,
4.731, 4.755, 4.906, AND 4.922 OF THAT CODE; AND AMENDING SECTION
2.773 OF THE EUGENE CODE, 1971 TO MAKE A CORRECTION.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.Section 4.040of the Eugene Code, 1971, is added to provide as follows:
4.040 Pleading Domestic Violence in Accusatory Instrument.
(1) When a crime involves domestic violence, the accusatory instrument may plead, and the
prosecution may prove at trial, domestic violence as an element of the crime. When a crime is
so pleaded, the words “constituting domestic violence” may be added to the title of the crime.
(2) As used in this section:
(a) “Domestic violence”means abuse between family or household members.
(b) “Family or household members” means spouses, former spouses, adult persons
related by blood or marriage, persons cohabiting with each other, persons who have
cohabited with each other or who have been involved in a sexually intimate relationship,
or, unmarried parents of a minor child.
Section 2. Section 4.330 of the Eugene Code, 1971, is amended by adding the
definitions of “Domestic animal,” “Equine,” “Minimum care,” “Physical trauma,” and “Tethering”
in alphabetical order to that section, and by amending the definition of “Physical injury” to
provide as follows:
4.330 Animal Control – Definitions.
For purposes of sections 4.330 to 4.500 of this chapter, the following words and phrases mean:
Domestic animal. Animal, other than livestock or equines, that is owned or possessed by a
person.
Equine. A horse, pony, donkey, mule, hinny, zebra or a hybrid of any of these animals.
Minimum care. Care sufficient to preserve the health and well-being of an animal.
Physical injury. Physical trauma, impairment of physical condition or substantial pain.
Physical trauma. Fractures, cuts, punctures, bruises, burns or other wounds.
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Tethering. Restraining a domestic animal by tying the domestic animal to any object or structure
by any means. Does not include using a handheld leash for the purpose of walking a domestic
animal.
Section 3. Subsections (2) and (3) of Section 4.340 of the Eugene Code, 1971, are
amended to provide as follows:
4.340 Animal Neglect.
(2) Animal neglect in the second degree. A person commits the offense of animal neglect in
the second degree if, except as otherwise authorized by law, the person intentionally,
knowingly, recklessly or with criminal negligence:
(a) Fails to provide minimum care for an animal in such person’s custody or control; or
(b) Tethers a domestic animal in the person’s custody or control and the tethering
results in physical injury to the domestic animal.
(3) Animal neglect in the first degree. A person commits the offense of animal neglect in the
first degree if, except as otherwise authorized by law, the person intentionally, knowingly,
recklessly or with criminal negligence:
(a) Fails to provide minimum care for an animal in the person’s custody or control and
the failure to provide care results in serious physical injury or death to the animal; or
(b) Tethers a domestic animal in the person’s custody or control and the tethering
results in serious physical injury or death to the domestic animal.
Section 4. Section 4.731 of the Eugene Code, 1971, including the Section title, is
amended to provide as follows:
4.731 Bias Crime in the Second Degree.
(1) A person commits a bias crime in the second degree if the person:
(a) Tampers or interferes with property, having no right to do so nor reasonable ground
to believe that the person has such right, with the intent to cause substantial inconvenience
to another because of the person’s perception of the other person’s unhoused status, race,
color, religion, national origin, disability, gender identity or sexual orientation;
(b) Intentionally subjects another person to offensive physical contact because of the
person’s perception of the other person’s unhoused status, race, color, religion, national
origin, disability, gender identity or sexual orientation; or
(c) Intentionally, because of the person’s perception of unhoused status, race, color,
religion, national origin, disability, gender identity or sexual orientation of another person or
of a member of the other person’s family, subjects such other person to alarm by
threatening:
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1. To inflict serious physical injury upon or to commit a felony affecting the other
person, or a member of the other person’s family; or
2. To cause substantial damage to the property of the other person or of a member of
the other person’s family.
(2) As used in this section:
(a) “Gender identity” means an individual’s gender-related identity, appearance,
expression or behavior, regardless of whether the identity, appearance, expression or
behavior differs from that associated with the gender assigned to the individual at birth.
(b) “Property” means any tangible personal property or real property, and
(c) “Unhoused status” means that the individual lacks a fixed, regular, and adequate
nighttime residence and includes individuals who:
1. Are living in emergency, congregate, temporary, or transitional shelters;
2. Have a primary nighttime residence that is a public or private place not designed for,
or ordinarily used as, a regular sleeping accommodation for human beings; or
3. Are living in parked cars, parks, public spaces, abandoned buildings, substandard
housing, bus or train stations, or similar settings.
Section 5. Section 4.755 of the Eugene Code, 1971, is amended to provide as follows:
4.755 Public Indecency.
(1) A person commits the crime of public indecency if while in, or in view of, a public place the
person performs:
(a) An act of sexual intercourse;
(b) An act of oral or anal sexual intercourse;
(c) Masturbation; or
(d) An act of exposing the genitals of the person with the intent of arousing the sexual
desire of the person or another person.
(2) As used in this section, the terms “sexual intercourse” and “oral or anal sexual
intercourse” have the meaning found in ORS 163.305.
Section 6. Section 4.906 of the Eugene Code, 1971, including the Section title, is
amended to provide as follows:
4.906 Giving False Information to Peace Officer or Enforcement Officer in
Connection with a Citation or Warrant.
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A person commits the offense of giving false information to a peace officer or enforcement
officer in connection with a citation or warrant if the person knowingly uses or gives a false or
fictitious name, address or date of birth to any peace officer or enforcement officer when:
(a) The officer is issuing or serving the person a citation under authority of section
4.035 of this code, ORS 133.055 to 133.076, 133.110, 419C.085 or ORS chapter 153; or
(b) There is an outstanding warrant for the person’s arrest.
“Enforcement officer,” as used in this section, means a public safety officer of the University of
Oregon authorized to issue citations for violations pursuant to section 4.035 of this code.
Section 7. Section 4.922 of the Eugene Code, 1971, is amended to provide as follows:
4.922 Failure to Report as a Sex Offender.
(1) A person who is required to report as a sex offender in accordance with the applicable
provisions of ORS 163A.010, 163A.015, 163A.020 or 163A.025 and who has knowledge of the
reporting requirement commits the crime of failure to report as a sex offender if the person:
(a) Fails to report when the person works at, carries on a vocation at or attends an
institution of higher education;
(b) Fails to report following a change of school enrollment or employment status,
including enrollment, employment or vocation status at an institution of higher education;
(c) Fails to report following a change of residence;
(d) Fails to report a legal change of name;
(e) Fails to make an annual report;
(f) Fails to provide complete and accurate information;
(g) Fails to sign the sex offender registration form as required;
(h) Fails or refuses to participate in a sex offender risk assessment as directed by the
State Board of Parole and Post-Prison Supervision, Psychiatric Security Review Board,
Oregon Health Authority or supervisory authority;
(i) Fails to submit to fingerprinting or to having a photograph taken of the person’s face,
identifying scars, marks or tattoos; or
(j) Fails to report prior to any intended travel outside of the United States.
(2) It is an affirmative defense to a charge of failure to report under subsection (1)(c) of this
section by a person required to report under ORS 163A.010 (3)(a)(B), 163A.015 (4)(a)(B) or
163A.025 (3)(a) that the person reported, in person, within 10 days of a change of residence to
the Department of State Police, a city police department or a county sheriff’s office, in the
county of the person’s new residence, if the person otherwise complied with all reporting
requirements.
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