HomeMy WebLinkAboutOrdinance No. 19462
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ORDINANCE'N0. 19462
AN ORDINANCE CONCERNING OFFENSES; RENUMBERING.SECTIdN
-4.906-OF THE EUGENE CODE, 1971; AMENDING SECTIONS 2:770,
2.83'5, 4.01'0, 4.125, '4.130, 4.145, 4.160, 4.685', 4.725,
4.729, 4.730, 4.731., 4.735, 4.745, 4.755, 4.760, 4..780,
4.805`, 4.905, 4.911, 4.912; 4.915, 4:`920;"4.930., 4.940,
4.942, 4.9.60, 4.990, AND 4.995 OF`THAT CODE; REPEALING
SECTTONS 4.170, 4.225, 4..280, 4.285, 4.290, 4.705, 4:710,
4.765, 4..785, AND 4:790 OF' THAT CODE; ADDING SECTIONS
4.726, 4.732, 4:782, 4.806, 4:..807, 4:.808,.: 4.809, 4.886,
4.887; 4.888, 4.889,'4.890; 4.891, 4,906, 4.916, 4.9.:17,
AN0-4.943 70 THAI" C00E;`AND DECLARING AN EMERGENCY.
THE CITY OF EUGENt DOES ORDAIN AS FOLLOWS:
Section 1. Subsection (2) of-Section 2.770 of the Eugene Code, 1971`,
is amended to read; and provider
2.77.0 Municipal Court - Complairits and Citations'.
(2) All comp aints or citations for traffic violations and traffic
offenses issued`by a police officer shall contain a form of certificate Dy the:
arresting officer to the effect that he or she`cert'fied under, penal ties pro-
vided in ORS 153.995 that he or she has reasonable ground's to believe, and
does' believe, that the person cited committed the offense cont-vary o law.
Except for citations for parking violations, all other citations shall con-
tain the requirements set forth in-0RS 133.065. Citations for-vi ofation of
parking regulat-ions need not be verified by oath. All other complaints shall`
be verfietl by the oath of`the person making' he same.
Section 2. Subsection (3) 'of Section 2:835 of the Eugene Code, 1971,
is amended to read and provide:
2:835 Personal Property Sale Procedures - Preceding Sale.
(3) If no person appears and establishes ownership of or interest
in the property prior to ,the expiration of six .ionthsafter'the date the per-
sonaa property has_come into the possession of the police department, the
city shall seal the property pursuant to section 2.840;. or upon approval of
'the .city: manager shall transfer the .property to publicuse by entering it on
the city's fixed asset inventor~~. If the personal property is a aaeapan des-
cribed ih chapter 4 of this code declared unlawful to possess by state law
it shall be destroyed by the chief of police.
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Section 3. Section 4.010 of the Eugene Code, .1971.,.. is amended by adding:_
a new subsection (7) thereto, to read and provide:
`4.010 Parties to, Offenses.
(7) :.Person means a human. being..arrd, where appropriate, a public
or private corporation, an unincorporated association, a partnership,,a gov-
ernment or'a governmental instrumentality.
Section 4'. Section _4.906 of the Eugene Code, 1971 is renumbered; Sec-
tions 4.125, 4:130,'.4.145:,: 4.160, 4.685, 4.725, 4.729, 4.730, 4.731, 4.73.5,
:4.745, 4.755, 4.760, 4.780, 4,805, 4.905, 4.911, 4.912, 4,915, 4.92-0, 4.930,
4.940, 4.942, 4.960,`4.990, and 4.995 are amended; Sections 4.170, 4.225,.
4.280, 4.285, 4,290, 4.705, 4.710, 4.765, 4.785, and 4.790 are repealed;`and
new Sections 4:725,-4.732, 4.782, 4.806, 4.807,` 4.808, 4.89, 4.886, 4.887,
4.888, 4.:889, 4:890,-4.891., 4.906, 4.916,`4.917, and 4.943 are added, all` to
read"and provide:
4.12'5 Mi~Ors -Entering or Remainin on Licensed Premises Prohibited;
Exception. Except as provided in section_4.135, no minor, whether
or not he is accompanied by a parent or other responsible relative, shall
enter or remain on a'licensed premises, or a portion thereof, .which 'has 'been
posted by the commission to prohibit use by minors.
`4.13D 'Minors -Permit`ing Minors to Remain on Licensed Premises..
(1) -No licensee or his employe or agent shall permit a minor to:
(a) .Consume alcoholic liquor upon licensed premises,`
:whether or not the alcoholic liquor is given to'the minor by a
parent-or other responsible relative.'
(b) Remain on the premises or portion thereof, except as
provided in sec ion 4.135
(2) The fact that a parent or other responsible relative"has
_accompanied a minor on licensed premises shall not constitute a defense to a
charge for violation of this section, except as provided; in section_4.135.
4.1`45 Misrepresentation of Age: by a.Minor.. A person commits the crime
of misrepresentation of age by a minor if:
(a) Being less than a certain, specified age, the person
knowingly purports to be of any age other than: the true age of the
person with the intent of securing a right, benefi or privi ege
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which by l~.w is denied to persons under that certain specified age;
or
(b) Being unmarried, the '.person ~nowing1y represents that the
-person is married with the intent of securing a right, benefit or
privilege Which by law is denif.d to unmarried persons.
4.1b0 Conduct on LicEnsed Premises. No 1`i,censee, or his or her"employe-
or agE~t, shall -permit any di sor°derly conduct as defi nPd i n section
4<725 in er upon iic.nsed prr~mi es which the licensee controls.
4.685 Sp~~hbiton of Unac%:om~ari_ed or Unemancipated i~inor•s From Benq
ir. Public Piaees 1~~~ring Certain Hours.
{ 1 ~ No minor uf~da~~ 18 years of age shall be i ri or upon any street,
highway, ~~.rfc, alley o~r other public place between the hours ~f 12`midnight
'and `4 a.m~ of the following morning, u~1ess:
(a) Such minor-is ac~om~anied by a parent, guardian or other.
.:person 18 years of age or; over and authorized by the parent or by
_ law to have care and custody_of the minor;
(b) Such minor is then engaged in a lawful pursuit or activ-
i ty which requires the presence ' of the minor i'n such public places.
durng_the hours specified in this section; or
(c) ..The minor is emancipated pursuant to ORS 109.55Q to
109.565.
(2) Any minor who violates sub"section (1) of this section may be
taken into custody as provided `in ORS 419.569 and may be subjected to further
proceeding as provided in ORS 419:472. to 419.597, 419.800 to 419.839 and
419.990. ''
4.725 `Disorderly Conduct. Aperson-commits the crime of disorderly con-
duct if, with intent to cause public inconvenience, annoyance or
alarm, or`recklessly creating `a risk`. thereof, the person;'
(a) Engages iii-fighting or in `viol en tumultuous or threat-
ening behavior; or,
(b) Makes unr`easoriab e noise; or
(c) 'Disturbs any la~~ful assembly of persons without lawful
-.authority;.. or
(d) Obs ructs vehicular or pedestrian traffic on a public
'play; OY'
(e)..Congregates with other persons in a public place and re-
fuses to comply with a lawful order of the police to disperse; or
(f) Initiates or circulates a report, knowing it to be false,'
concerning an alleged or impending fire, explosion, crime, catas-
trophy ar other. emergency.; or
(g) Creates a hazardous or physically offensive condition by-;
any act which the person is note licensed or privileged to da.
4.726 Harassment. A person commits the crime of harassment if, with
intent t~ harass, annoy or alarm another person, the acter:
(a) Subjects-another to offensive physical contact;
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(b) Publicly 'insralts another° by abusive or obscene words or
gestures in a manner intended and likely to provoke a violent
response; or
(c)` Subjects another to alarm by conveying a false report,
known by the conveyor to be false, concerrring..death or serious
phy ical' injury to a person, which report reasonably would be ex-
pected to cause alarm.
4.729 Assault. A person commits the crime of assault if the person:
(a) Intentionally, knowingly or recklessly causes ;physical
injury to another; or
(b} With criminal regl_igence causes physical injury to another_
by means of a deadly weapon;
(c) "Physical injury" means impairment of physical condition
or substantial pain.
4.730 Menacing. A person commits the crime of menacing .if by word 'or
conduct the person intentionally .attempts to place another person'
in fear of imminent serious physical injury.
4.731 Intentional .Intimidation.
{1) A person commits the crime of intimidation if the 'person:
(a) Tampers or interferes with property, having no right to
do so nor reasonable ground to beleve;that the person has_such-
right,'with the intent"to cause substantial inconvenience to
another'because`of theother's race, color, religion or national
origin.
(b) Intentionally ubjects another to offensive physical con-~
tact because of the other's race.,,eolor, re)igion or nationa
origin; or
(c) Iritentional ly, because of race, color, rel igi'an or
national'orgin of another or of a member of the other's family,'
subjects such other person to alarm by threat'en~ngc
1'. To inflict serious physical injury' upon or to commit'
a felony affecting such other 'person, or a member of the per
son's family; or
2. To cause`substantiaT damage. to the property of the
other person or o'f a member of the other person's family.
(2) For purposes of this section, "property" means any tangible
personal property or reap property.
4>732 Assaulting' a Public Safety Officer.
(1) A person commits the crime of assaulting'apublic safety off-
. cer if the person intentionally or knowingly causes physical injury to another'
person, knowing the other person to be a peace officer, corrections officer`
or firefighter, and .while such other person is acting in the course. of offi-
cial duty:..
~2)- A person convicted under this section sh-all be entenced to
not less than seven days of imprisonment .and shall not be granted bench
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parole, probation or suspension of sentence before sewing at least seven.
':..:days of the ,sentence.
-`4.735 Conduct on "Drive-In-" Premises. No person on the premises of a
drive-in restaurant, bank, theatre, t~usiness, public parking
facility,or other public or private property where parking or drive-in
facilities are offered-and extended to tfie public for use shah needlessly
- do any of'the following: `race the 'motor of any motor vehicle; bring to a
sudden start or stop any motor vehicle; impede the orderly movament'of
vehicles or pedestrian traffic-on such premises; or use 'a horn:: on a'motor
vehicle otherwise:than as a reasonable warning.
_4.?45 Prostitution.
(1) -A person commits the crime of p<rost ution if:
(a) -'The person engages in or offers or agrees to engage in
sexual conduct or sexual contact in return for a fee; or
(b) The person pays or offers or :agrees to pay a fee to-`en-
gage' in sexual-conduct or sexual contact.
-(2) As used in this secton:_
(a) '"Prostitute" means a male 'or female person who engages
in sexual conduct or sexual contact for a'fee:
(b) "Sexual conduct" means sexual intercourse or deviate
sexual ihtercourse.,
(c) "Sexual contact" means any-'touching of the sexual organs
or other intimate .parts of a person not married' to the actor .for
the .purpose of arousing or gratifying the sexual desire of either
,party.
4.755 Public Indecency.
(1) - A person commits the crime of ,publ i c' i ndecency ' f wha l e i'n,
or in view of apublic place the persoh performs:
(a) An act of sexual intercourse; or
{b} An: act. of deviate sexual intercourse; or
(c) An act of exposing the gehitaT of the person with the
intent, of arousing the sexual desire of the persoh-or another per-
son'.
(2) As used in this section, the"terms "sexual intercourse" and
"deviate sexua~ intercourse" have the meaning found ih ORS 163.305.
4.760 Prohibited Nudity. It shall be unlawful for any person-eight years
ofage or older to expose his or her genitalia while in a public
:place or place visible from a public place, if the public place is open or
available to persons of the opposite sex.
Property
4.7$0 Criminal Mischief in the Third Degree. A person commits the crime
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of criminal mischiefin the third degree `if, with. intent to cause
substantial inconvenience to the owner or; to another person, and having no
right to do so nor reasonably ground to believe that the person has such
right, th"e person tampers or interferes 'with property ofanother.
4.78.2 `Criminal Mischief iri thee.. Second Degree. A person commits the crime
of criminal m~schiof in the second degree if:,
(a) The :person violates section 4.:780,.:.and as a resultthere-
of,'damages property in'an amount exceeding $I00; or
(b} Having no right to do so nor reasonable ground'to be ie~e
that the person has such right, the person intentionally``damages
property of another, or, the person recklessly damages property of
another irr an amount exceeding ~I00.
4.805 Trespassing --Definitions. As used in sections 4.806 to 4.809,
-except as the context requires otherwise:
"Building„" in addition to its ordinary meaning, includes any
::booth, vehicle, boat, aircraft<or o her structure adapted for over-
night accomodation of persons or for: carrying on busines therein.
Where a building consist of separate units, nclud=ing,.:but not
limited o, separate apartments, offices or rented rooms, each unit
is, in addition to being a part of Such building, a separate build-
ing
"Dwelling" means a building which regularly or intermittently
is occupied by a person lodging therein `at night, whether or of a
` pEi°son is actually "present.
"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 icensed
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.
"Open to the public" means premises which by their;physi-cal
nature, function, .custom, usage, notice or lick thereof'or other
circumstances at the time would .cause a reasonable person to believe
that no permission o enter or remain is required.
°Person-in charge" means a person, or a representative or
employee of the person who has lawful 'control of premises by`~wner~-
ship, tenancy, official position or;other legal relationship. It
includes,-but is not 'limited to the person, or holder of a position,
designated as the person 'or position-holder in charge by the
Governor, board, commission or governing body of .any. political sub-
division. of this state.
`°Premises° includes any building and any<real property, whether
privately`or publicly owned.
4.806 Criminal Trespass in-the. Second Degree by a Guest. A guest commits
the crime of criminal trespass in the second degree if that. guest
intentionally remainsunlawfully in a transient lodging after the departure
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date of the guest's reservation without the approval of the hotel<k~eper.
"Guest".means a person who isre'gistered at a.hotel and is assigned to tran-
sient lodging, and includes any individual accompanying the person.
4.80.7 Criminal Trespass in the Second Degree. -A person commits the
crime of criminal trespass in-the second degree if the person
enters or remains unlawfully in or .upon: premises.
4:808 Criminal".Trespass in the First-Degree. A person commits the-crime
of criminal trespass in the first degree if the person enters or
remains unlawfully in a dwe ding.
4.809 Criminal Trespass While in Possession of-Firearm. P~,person commits
the crime of criminal trespass; while in posse lion of a firearm
who, while in possession of-a firearm, enters or remains unlawfully in or
upon premises:
4.886 Wea ons - Pointin Firearm at Anoth"er. No person over the age of
12 years<shall, with or wit out malice, purposely point or aim any
loaded or empty pistol, gun, revolver or other firearm at or toward any other
person within range-of"the firearm, except in self defense.
4.88 Weapons -Carrying of Concealed Weapon. -
(1} Except as provided in ORS 166.260, 166.29.0 and'subsection (2)
of his section, no`p~rson shall carry concealed upon the person any knife
'Having a blade'that,projects or swings into position by force of a; spring or
centrifugal force and common y known as a switchblade knife, any dirk, dagger,
ice pick, slung shot., metal knuckles, nunchaku, shirika, butterfly knife,
fixed blade knife over 3-1/2" long, a knife sharpened on botfi edges, b'lack-
jack, billy club, sap, sap gloves, straight razor, bolo"knife; or bayonet,
or any s'i`milar instrument by'the use of which injury could be inflicted upon
the person or property of any other person:
(2)` Nothing in subsection (l) cf this section.. applies to any peace
officer ~.s defined~in ORS 133.005, whose duty it is to serve process or make'
acres±s.
4:888 Weapons -Unlawful Possession of ..Fire-arms.
(1) Except as otherwise-provided in this section, section 4.889;
ORS 166.260, 166.270, 166.28x,.166.290 or 160.410 to 166.470,'a person
commits the crime of unlawful possession of a firearm if the-person knowingly
(a) Possesses or :has in possession any machine gun, rifle or
shotgunwith a barrel less than 18 inches long, not registered as
required under federal laws
(b) Carries any firearm concealed upon the ~ersor~, without
having a license to carry such firearm as provided in ORS 166.290;
ar
(c) Carries concealed and readily access'ible`about the person
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within any vehicle which is under the person's control or direction
any firearm capable of being concealed upon the person, without
.having a icense to carry such firearm as provided in ORS, 166.290._
(2) This section does not prohibit any ci izen of the United
States over the age of 18 years whoa resides in or is temp~orari y sojourning
within this state, and who is not within the excepted classes':prescribed by
-0RS 166.270, from owning, possessing or keeping within the person's place of
residence or place of business any pistol,revolver or other"firearm capable
of being concealed upon the person, and no permit or 1i'cense'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 subsec-
tion, "residence" includes a recreational vessel or recreational 'vehicle
while used; for whatever period of time, as residential quarters.
(3} Firearms carried openly in belt holsters are not concealed
within the meaning of this section,
4.889 Weapons - Persons Note Affected by Section 4.888. Section 4.888
does not apply 'to or affect:
(a) Sheriffs, constables, marsfials, policemen, whether active
or honorably retired, or other duly appointed peace officers.
(b) Any :person summoned by any such officer to assist in'mak-
ing arrest's or preserving the peace, ,while said': person so summoned
- is actually engaged in assisting the officer.
(c) The possession or transportation by any merchant of un-
-`loaded firearms as merchandise.'
(d) Members of the 'Army, Navy or Marine Corps of the United
States, or of the National Guard, when on duty.
(e) Organizations which are by `law authorized to purchase or
receive weapons described in -0RS 16b:250 from 'the United States,
or from this state.'
(f) Duly authorized military or civil orranizationsrwhile
`parading, or the members thereof whe _going toVand from tfie pl>aces
- of meeting of their organization.
`(g) Members of any club or organiza ion, for the purpose of
practicing, shooting at tangets upon the established target ranges,
whether public or private, while-such members are using any of `the '
firearms referred to in ORS 166:250 upon such target ranges, or
while going to and from uch ranges.
(h) Licensed hunters or fishermen while engaged in hunting
or fishing, or while going to or returning from a hunting or fish-
ing expedition.
(i) A corrections officer while transporting or accompanying:
an individual convicted of or arrested for an offense and. confined
in a place of incarceration or detention while outside the con-
fines of the place of incarceration 'or detention.
4.890 Weapons - Definitions for Sections 4.888: and. 4:889. As used-in
sections 4.888 and 4.889:
"Firearm" means a weapon, by whatever name known, which is
designed_to expel a projectile by the action of black powder or
smokeless powder ar,,d which is readily capably of use as a weapon.
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"Pinto ;" "revolver;" and "firearms capable of being con.-
-cealedupon the person," a~~ply to and include all firearms having
a barrel less than 12 inches in length.
"h3achine gun"..means a weapon of any description by whatever
name known, loaded or unloaded, from which two or more shots may
be'fired by a single pressure on the trigger de~~ice.
4..891 `Weapons -Seizure of Gor~cealed Weapons; Destruction; Exception;
Sale.
(1) The unlawful concealed carrying upon. the person or within the
vehicle of the carrier of any machine gun, pistol, revolver or other firearm
or, weapon described in this chapter capable of being"concealed upon the per-
son; or any firearm ;used during the commission of any felony or misdemeanor
is a nuisance. Any such weapons taken from the person or vehicle of any: per-
son unlawfully carrying the same are nu-isances, and shall be surrendered to
the police chief.
(2) Upon: the certificate of a judge of a curt of '.record or of
the district attorney that thi~ir preservation is necessary to"the proper. ends
of justice, the po}.:ice chief shal} preserve any w~apons'seized or surrendered
hereunder until the neces it.~,r_therefore ceases to exist. Thereafter, unless
the weapon has been stolen and. its lawful owner has provided satisfactory
identification of the weapon and proof of ownership so as to secure its re-
turn', the police chief shall dispose of`the weapon `in accordance with section
2.83'.5(3) bf this code.
4.905 Initiating a Fa se-Report. A person commits the crime of initiat-
ing a false rerport i`f the person knowingly initiate's a false alarm
or report>whi`ch is transmitted to afire department, law enforcement agency
or `other organization that deals with emergencies involving danger'to life
or proper y.
4.906 Gi~~ing False, Information to Peace Officer for a Citation. !~ person
commits the offense of-going'false information to a peace officer'
for a citation if the'persorr knowingly. uses or gives a false'or fictitious
name, address or date of birth to any peace officer for the purpose of the
' officer's issuing or serving the person a citation under authority of ORS
133.045 to 133.080, 133.110 and 155.050
4.907 Interferring With a Police Officer. It shall bF: unlawful for any
person, intentionally or with rE,~~less. disregard thereof, to inter-
fere with. a police officer in the'officer~s awful performance of'his`or her
duties. To interfere with.as used in this section shall mean any physi-cal
act, including a refusal to leave a particular area in response to a'lawful
order from a police officer, th_i~~ prevents or could reasflnably be-expected'
to pre~~ent a police officer fi°om performing his or her duties.
4.911 Refusin _tr'~ss?st a Peace Officer. A person commi s the offense.
of refu=ing to assist a peace officer if upon command by a person
`: Ordinanc: - '~
known by,the person to be a peace officer the: person unreasonably.-refuses or
fails to assist in effecting an authorized arrest or preventing another from
committing a crime,
- 4.912 Hindering Prosecution.
(l) A -person commits the offense of hindering pr~osecuti on i f,
with intent to hinder the apprehension, prosecution, conviction or punish-
menu of a person who has committed a crimepunishable as amisdemeanor or a'
violation, or with the intent to assist a person who has comm;tted such a
crime or violation in profiting or benefiting from the'commission_of the
crime or violation, he or she:
(a)' Harbors or conceals such person; or;
(b) Warns such person of impendirig discovery or apprehen-
_sion; or
(c) Provides or aids in providing uch person with money,
transportation, weapons, disguise or other. means. of avoiding
discovery or apprehension; or
(d) Prevents or obstructs, 6y means of force, in~midation'
or deception; anyone from performing an act which might>aid iii
the discovery or apprehension of such person; or
(e) Suppresses by any act of concealment, alteration or
destruction physical evidence `which might aid`inthe discovery
or apprehension of such person; or
(f) Aids: such:: person in securing or protecting theprocoeds
of the crime or violation.
(2j` It is na defense to a prosecution for hindering prosecution
that the principal offender is nct.appreheiSded, prosecuted,.convicted or
punished.
(3) In the event"a person hinders the prosecution`of a violatioei
as set forth above;. that person shall only be subject'to a fine not to exceed
$25n.
4-.9.15 Escape From Custody.
(1) A person commi,~s the crime of escape if the person escapes
from custody...
(2`) "Custody" mean"s the imposition of actual- or constructive` res-
traint by a peace officer pursuant to an arre t or court order, but does not
include detention in a correctional facility,. juvenile facility o'r a state
hospital:
(3) "Escape° means the unlawful departure, including failure to
return to custody after temporary leave gray.+;ed for a, specific purpose or
limited period, of a person from custody or a correctional facili±y but dies
note include -failure. to` comply with-provisions of a condi ti onal release i n <ORS
:135.245,
(4) Lt is a defense to a prosecution under-this section that the
person escaping or attempting to escape was in custody pursuant to an illegal
.arrest
4.916 Failure to .Appear. A person commits the crime of failure to appear
if, having by court order been released from custody or a correc-
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tional facility upon a re ease agreement. or security release upon the condi-
tion that the person wi l subsequently appear personally in connection with
charge ';against the person of having committed a misdemeanor or violation, the
person intentionally fails a appear as required.
4.917 Failure to .Appear: on Ci ation. If any person knowingly fails to
appear before a court pursuant to a citation issued and served
under authori ty. of ORS 133..045 to 133.080, 133.1 TO and 156D50 and a "com-
p aint`or information if filed, the persor, commits the crime of failure to
appear on a citation.
4'.920 Criminal Impersonation. A person commits the crime of criminal
impersonation if with intent to obtain'a benefit or to injure or
defraud another the person falsely impersonates a public servant and does an
act in such assumed character;
4:930. Theft of Services.
(1) A person commits the crime of theft of ervices if:
(a:) Witfi intent to avoid payment here`for, he person obtains
services that are.~vailable only for compensation; by farce; threat,
deception or other means to avoid payment for the services -and tfie
servicES in -the aggregate are under X200; or
(b) Having control over the dispo ition of labor or of bus`-
Hess, commercial or industrial equipment or facilities-of another;
tfie person -uses or diverts to the.=use of the person or; a third per-
son such labor, equipment or facilities with intent to derive for
the person or th'e third person a commercial benefit to which the''-
person or the. third person is nct entitled and the services in the
aggregate are under $200.
(2) As used in this section, "services" includes; but'is not
lmited'to, labor, professional services, toll facilities, transportation,
communications service, entertainment., the supplying of food, lodging or'
other accomodations in hotels, restaurants or elsewhere, the supplying of
equipment for use; and the supplying of comr~odites of a public utility
nature such as gas., electricity,-steam and water. "Communication service"
includes, but is not limited to, use `of telephone, computer. and cable tele-
vision-.systems. "
(3) Absconding without payment or offer to pay for hovel, restaur-
ant or ether services for which compensation is customarily paid-immediately
upon tfie receiving. of-them is 'prima facie evidence that the `services were
obtained with intent to avoid payment therefor. Obtaining he use of any
communication system the use of which is avalab e only for compensation,'
includicig but not limited to telephone, computer and cable television systems,
or`obtaining the use of any services of a public utility nature,--4vithout pay-
ment or offer to pay for such use is prima facie evidence that the obtaining`
of the. use of such system or the use. of such services was gained with intent
to avoid payment therefor.
4.940 Fire Control. A person commits the offense of refusi g to assist
Ordinance-- 11
in fire-fighting operations if:
(a}' Upon command by a person known by the 'person to be a fire-
man the persoh unreasonably refuses or fails to assist ih extin-
guishing afire or protecting property threatened thereby; or
(b) Upon command ,by a person known by the person to be a fire-
maneor peace officer the person intentionally and unreasonably dis-
.obeys a awful order relating to the conduct of the person io the
~licinity of a fire.
4.94? Obstructing Goverhmehtal or Judicial Administratioh.
(1) A person comfits the crime of obstructing governmental or Judi-
cial' administration if'the person intentionally obstructs, impairs or hinders
the administration of law or other governmental or judicial function by means'
of :intimidation, force,:-physical or economic interference or obstacle.
(2) This section shall<not apply-to the obstruction of unlawful
;governmental or judicial action or interference with themaki'ng of an arrest.:
4.943 Tampering with Physical....Evidence. A person commits the crime_of
tampering with physical evidence 'if" with intent that it be used,
introduced, reject d or unavailable in an official proceeding which is then
pending or to 'the knowledge of such: person is about to be ins~ituted, the
person:
(a) Destroys, mutilates, alters, conceals or removes physi-
cal evidence impairing i s verity or availability; or
(b) 'Knowingly makes, produces or offers any false physical
~e~idence; or ,
(c} Prevents the `production of physical evi~ience'by an act
of force,. intmidation~or deception against. any person.
4.960 'Child Neglect. A person having custody or control of a _child
under 10 years of age cammi is the; crime cif chid d neglect i f, with
criminal,neglgence, the. person leaves the child unattended in or 'at any
place for swch period of time as may be likely to endanger the health or wel`-
fare of such child.
Penalties
4.990 Pehalties;- Specific.
(1) Violation of section 4.615 to 4.650 is punishable as follows:
(a)` A-persoh found by the court in a civil action brought
pursuant to section.4.645.(5)(a) to .have. engaged in an unlawful
practice is subject to a fine of not more than $1;~J00 for each
occurrence thereof. The city shall be required to prove an act
of discrimination under this section by a preponderance of the
evidence...
(b) A person found gui ty of having intentionally and
willfully violated the provisions of .sections 4:615 to 4.650 or a
person found guilty of violating those provisionsa second or
Ordinance - 12
addi Tonal time shall be subject, upon conviction in the. municipal
court, to-a fine of not more than $1,000 or shall be subject to
imprisonment of not more than I00 days, or both such-fine and
imprisonment.
(2) Violation'of sections 4.045 to 4.075, 4..114,-4.130,. 4.140,
4.155, 4:160, 4.155, '4.175,. 4.180, 4.185; 4.195, 4.265, 4.300, 4.310, 4.450,
4:760;'4.770, x.795, 4..835. to 4.850; 4..855, 4.860, 4.872 to 4.879 and any
regulations adopted under those sections, except willful violations as de-
fined in subsection (3), 4.885, 4.895; 4.925; 4.945, x.950; 4.965'to 4.975,`
and'4.981 to 4,983 is punishable by fine`not to exceed $500.
(3); The willful violation of sec ions 4.87? 'co 4.879 and any regu-
latons'adopted under those'sactions or the willful violation of any other
section of this ch"apter;punis'nable by fine only whale on the'niall as defined
in section 4.871 is'punshable by a fine not to exceed $~.000'or confinement
in jail not to exceed '.one year, or both fine and imprisonment. A willful
violation of section 4.872 to 4.879 or-the regulations adopted thereto shall
mean engaging in .the same prohibited conduct after either receipt of a<written
notice of the violation as described in the Eugene Ma11 Regulations or receipt
of_a misdemeanant citation from a police officer.
(4) Violation of sections 4.125, x.735, 4.830, 4.911, 4:912 (if
the prosecution hindered is a viol'ation); and 4.940 is punishable by fine
not- to exceed 325Q.`
(5) Vio`tation of sections 4.145, 4.335(1), 4.340(2), 4:350, 4.780,
4.807, and 4:9A5 is punishable Cy fine..not to exceed $5.00 or confinement in
jail not to exceed `30 days,:, or both fine and imprisonment.
(6)` Violation of`5ectioh 4.731 is.:punishable by a fine not to
exceed $1,000"or confinement in jail not. to exceed one year, or both fine antl
imprisonment.
(7)- Violation of sections 4.115 and 4.2:40 is punishable by a fine
not: to .exceed `$100.'
(8) Violation of sections 4..832 or 4.833 is punishable by fine not
exceeding $200.
(9) A responsible party who violates section 4.936 is :punishable
by:
(a) A fine not o exceed $50 for'the second false alarm;
(b) A fine not to exceed $1D0 for'-the third >false alarm;
(c) A fine not to exceed $250 for the fourth and subseguen't
false alarms,
Thy count may: dismiss a citation issued for violation of section-4.936: if
wi hinil0 days of the date of the citation a resun ible party: provides the
court with proof (1) that the alarm system has been repaired'andrestored to
working order or legally removed from'the premises; or'(2) that the false
alarm was caused solely;by lightning or other natural 'occurrences `beyond the
control of the respons'ibleparty.
(10) Violation of section 4.937 is punishable by a fine. of not
note more .than $500.
(11) Violation of section 4.732 is punishable pursuant to the pro-
vions of section 4.995, provided, however, a minimum,senten~e of not less
than seven .days imprisonment shall be .imposed, with no bench paro e, probe-`
tion, or suspension of sentence.
(12) Except when'a different penalty is expressly .provided in this
section, viofatiorr of sections 4.330 to 4.490 is punishable as provided in
this subsection:
Ordinance - 13
(a} One half of the fire unposed may be waived if the vio-
lator attends `a violators school. conducted by the animal_regula-
tion authority.
(b)` In addition to the fynes imposed by'this subsectior7; the
court may order any Level 3 or Leve 4 potentially dangerous dog
to f?e neutered and any Level 5 potentia ly dangerous dog;:euthanizetl
and may suspend, for a period of time, any Level 5 potentially dan-
gerous dog owner's right to own a dog within he city including
dogs currently owned.
(c) For section 4.370(3), 4.405,.4.430, 4.460, 4.465, 4.470
or 4.90 by a fine not more than. $1.50..
(d) For section 4.375, 4.380, 4.390(7), 4.390(8), 4.400(1),
4.41,0, 4.445, 4.453'or 4.475 by a fine of not 'more than $500.
(e); Except for. subsections 4.335(2) and. 4.340(3), which'<are
subject to the ..general penalties provided in section 4.995, the
violation of any other section not specified in this section is
punishable by a fine not":more `than $250.
4..99.5 Penalties -Generale; Violation of any other section in his
chap er is punishable by fine not o exceed ~bb0, or confinement
in jail not to exceed T00 days., or both fine and imprisonment, provided, how-
ever, if there is a violation'of any such provision: or any provisioon men-
tioned in section 4".990 identical to a s ate statute with a lesser psna ty
attaching, punishment shall be limited to the lesser penalty°prescribed'in
tide tate law:.
Section '5. At the request of, or .with the concurrence of the'City
Attorney,.: the'City Recorder is authorized to administratively change refer-
ences errors in this Ordinance and elsewhere in the: Eugene Code, 1971 to sec-
tians amended, renumbered, or added or repealed herein.
Section '6. That the matters"contained herein concern the public health,
welfare :and safety and therefore,. an emergency is hereby declared io exist
and this-Ordinance shall become effective immetliate y uponrts passage by the
City Council and approval by-the Mayor.
Passed by; the City Council` this Approved by the Mayor this
13th. day of April, 1987 13th day of April, 1987
ity Recorde a r
Ordinance - 14