HomeMy WebLinkAboutOrdinance No. 19686ORDINANCE NO. 19686
AN ORDINANCE CONCERNING OFFENSES; AMENDING SECTIONS
4.105, 4.190, 4.330, 4.500, 4.726, 4.731, 4.85,
4.881, 4.888, 4.890, 4.910, AND 4.990 OF THE EUGENE
CODE, 1911; AND DECLARING AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 4.105 of the Eugene Code, 1971, is amended by adding
the following in alphabetical order therein:
4.105 Definitions. The fallowing words and phrases, as used in sections
4.115 to 4.235 shall mean:
Open alcoho,]ic beverage container. A container which contains
an alcoholic 1 i quor, hard 1 i quor, ~~ ar malt beverage including, but
not limited to, bottles, cans, glasses, cups or other containers
capable of holding any such beverage which is not sealed or re-
sealed.
Possess. To have physical possession or otherwise to exercise
dominion or control.
Public lace. A place to which the general public has access
and includes, but is not limited to, highways, streets, schools,
playgrounds and premises used in connection with public passenger
transportation. ..
Section 2. Subsection ~1} of Section 4.190 of the Eugene Cade, 1911, is
amended to provide:
4.190 Consum t i on or Possession i n Unlicensed Public Places Prohibited .
~1} Except as provided in subsections ~~}, ~3}, and ~4} of this
sect ~ on, consumpt ~ on of al cohol ~ c 1 ~ quor or possession of an open al cohol i c
beverage container is prohibited in a public place and on private property
extended to the public far use, and no person shall drink, consume alcoholic
liquor, or possess an open alcoholic beverage container in such a place or
on such property, unless authorized by the Oregon liquor Control Commission
or other provisions of this code.
Section 3. The introductory paragraph and definition of "Police service
dog" contained i n Section 4.330 of the Eugene Code, 1971, are amended to pro-
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vide:
4.330 Animal Control - Definitions. Fvr purposes of sections 4.330 to
4.500 of this chapter, the following words and phrases mean:
Police animal, A dog ar horse used in police work under the
control of a peace officer as defined in ORS 1fi1.015 who has
successfully qualified i n the care and use of a pol i ce animal as
required by state statutes, whether or not the animal is being so
used at the time in question. Unless specifically referred to
therein, neither a police service animal nor the officer using it
is subject to any of the restrictions or regulations contained in
sections 4.330 to 4.495 of this chapter.
Section 4. Sect ion 4.500 of the Eugene Code, 1971, is amended to pro-
vide:
4.504 Interference with Police Animal.
~1} Interference with a vlice animal in the second de ree. A
person commits the crime of interference with a police animal in the second
degree if the person:
~a} Intentionally, knowingly or reckless]y torments, inter-
feres with or tampers with a police animal while the police animal
is being used in the lawful discharge of its duty; or
fib} Intentionally torments or seeks to cause injury to a
police animal at any time if the person knows that the animal is a
police animal ; ar
~c} Causes or directs any animal to attack or otherwise i nter-
fere with a police animal while the police animal is being used in
the 1 awful discharge of its duty. A peace officer may destroy an
animal attacking a pol ice animal if no lesser means are reasonably
ava~ 1 abl a to prevent ~ n~ury to the police animal .
~2} Interference with a olice animal in the first de ree. A per-
son commits the crime of interference with a police animal in the first degree
i f the person intentionally or knowingly injures or attempts to injure an
animal the person knows or reasonably should know i s a pol i ce animal while the
police animal is being used in the lawful discharge of its duty.
Section 5. Section 4.126 of the Eugene Code, 1971, is amended to pro-
vide:
4.126 Harassment.
~1} A person commits the crime of harassment if the person inten-
tionally:
~a} Harasses ar annoys another person by:
1. Subjecting such other person to offensive physical
contact; or
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Z. Publicly insulting such other person by abusive words
or gestures in a manner intended and likely to provoke a vio-
l ent response;
fib} Subjects another to alarm by conveying a fal se report,
known by the conveyor to be false, concerning death or serious phy-
sical injury to a person, which report reasonably would be expected
to cause alarm; or
~c} Subjects another to.alarm by conveying a telephonic or
written threat to ~nfl~ct serous physical injury on that person
ar to commit a felony involving the person or property of that per-
son or any member of that person's family, which threat reasonably
would be expected to cause a1 arm.
~2} ,A person is criminally liable for harassment if the person
knowingly permits any telephone under the person's control to be used in vio-
l ati on of subsection ~ 1 } of this section .
Section 6. Section 4.131 of the Eugene Code, 1971, is amended to pro-
vide:
.731 Intmid„atian in the Secon,,,.,,.,,. _,
,~...~~..~.,. ,._„ .~.., d Degree .
~1} A person commits the crime of intimidation in the second
degree if the person:
~a} Tampers or interferes with property, having no right to
do sa 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's race,
color, ref igion, national origin or sexual orientation;
fib} Intentionally subjects another to offensive physical con-
tact because of the person's perception of the other's race, color,
religion, national origin or sexual orientation; or
~c} Intentionally, because of the person's perception of
race, color, religion, national origin or sexual orientation of
another or of a member of the other's family, subjects such other
person to alarm by threatening:
1. To i of 1 i ct serious physical injury upon or to commi t
a felony affecting such other person, or a member of the per-
son's family; or
Z. Ta cause substantial damage to the property of the
other person or of a member of the other person's family.
~2} Fvr purposes of this section, "property" means any tangible
personal property ar real property, and '"sexual orientation" means hetero-
sexuality, homosexuality or bisexuality.
5ecti on 1, Subsections ~ 1 } and ~ 2 } of Section 4.825 of the Eugene Code,
1911, are amended to provide:
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4.825 Shoplifting.
~1} Sho liftin in the second de ree. A person commits the crime
of shoplifting in the second degree if he or she takes possession of goods
having a total value under $50 which are offered far sale by a retai 1 or
wholesale store or other mercanti 1 e establishment with the intent to convert
the goads to his or her own use without paying the purchase price thereof .
~2} Sho liftin in the first de ree. A person commits the crime
of shoplifting in the first degree if he or she takes possession of goods
having a total value of $50 ar more but less than $500, which are offered
for sale by a retail or wholesale store or other mercantile establishment
with the intent to convert the goods to his or her own use without paying
the purchase price thereof.
Section 8. Sections 4.887, 4.888, and 4.890 of the Eugene Cade, 1911,
are amended to pray i de :
4.887 Wea ons - Carr in of Concealed Wea an.
~1} Except as provided in subsection ~2} of this section, no per-
son shall carry concealed upon the person any knife having a blade that pro-
jects ar swings into position by force of a spring or centrifugal force and
commonly known as a switchblade knife, any dirk, dagger, ice pick, slung shat,
metal knuckles, nunchaku, shi ri ka, butterfly knife, blackjack, bi 1 ly club,
sap, sap gloves, straight razor, bolo knife, or bayonet, or any similar in-
strument by the use of which injury could be inflicted upon the person or
property of any other person. For purposes of this section, a dagger shall
include, but is not limited to, any knife sharpened on both edges.
~2} ,Nothing in subsection ~1} of this section applies to any peace
officer as defined in DRS 133.005, whose duty it is to serve process or make
arrests .
4.888 Wea ons - Unlawful Possession of Firearms .
~1} Except as otherwise provided in this section, section 4.889,
DRS 1fifi.260, 1fifi.210, 166.274, 1fi6.284, 166.291, 166.292 or 166.410 to
1fifi.410, a person commits the crime of unlawful possession of a f i rearm i f
the person knowingly:
~ a} Carries any firearm concealed upon the person, without
having a license to carry the firearm as provided in ORS 166.291
and lfifi.292;
fib} Carries concealed and readily accessible about the person
within any vehicle which i s under the person's control or direction
any handgun, without having a license to carry such firearm as pro-
v~ded ~n DRS 166.291 and 1fifi.292; or
~c} Possesses a f i rearm and:
1. 1s under 18 years of age;
2. Has been convicted of a felony or found guilty,
except for insanity under DRS 161.295, of a felony;
3. Was committed to the Mental Health and Development
Disability Services Division under DRS 426.130 within four
years prior to January 1, 1990; or
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4. Was found to be mentally i 11 and subject to an order
under ORS 426.130 that the person be prohibited from purchas-
ing or possessing a firearm as a result of that mental illness.
~2} This section does not prohibit:
~a} A mi nor, who i s not otherwise prohibited under subsection
~1}~c} of this section, from possessing a firearm;
~. Other than a handgun, if the firearm was transferred
to the minor by the minor's parent or guardian or by another
person with the consent of the minor's parent or guardian; or
2, Temporarily for hunting, target practice ar any other
lawful purpose; or
fib} Any citizen of the United States over the age of 18 years
who resides i n or i s temporarily sojourning within this state, and
who i s not within the excepted classes prescribed by ORS 1fib.270
and subsection ~1} of this section, from owning, possessing or keep-
ing within the person's place of residence or place of business any
handgun, and na permit or license to purchase, own, possess or keep
any such firearm at the person's place of residence or place of
business i s required of any such citizen. As used i n 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.
4.890 Wea ons - 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 projecti 1 e by the action of smokeless powder
and which i s readi iy capable of use as a weapon.
` "Handgun" means any conventional pistol or revolver using a
f ~ xed cartr~ dge conta~ ni ng a propel l ant charge, primer and pro-
jecti 1 e, and designed to be aimed ar fired otherwise than from the
shoulder and which fires a s i ngl a shot for each pressure on the
trigger device.
"Minor" means a person under 18 years of age.
"Public place," means a place to which the general public has
access and includes, but i s not 1 imi ted ta, hallways, 1 obbi es and
other parts of apartment houses and hotels not constituting rooms
or apartments designed far actual residence, and highways, streets,
schools, places of amusement, parks, playgrounds and premises used
in connection with public passenger transportation.
Section 9. Section 4.910 of the Eugene Cade, 1911, i s amended to pro-
vide:
4.910 Resistin Arrest.
. ~1} A person commits the crime of resisting arrest if the person
~ ntent ~ onal ly res ~ sts a person known by the person to be a peace officer i n
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making an arrest.
~2} "Resists," as used in this section, means the use or threatened
use of violence, physical force or any other means that creates a substantial
risk of physical injury to any person and includes behavior clearly intended
to prevent being taken into custody by overcoming the actions of the arrest-
ing officer. The behavior does not have to result in actual physical injury
to the arresting officer. Passive resistance does not constitute behavior
intended to prevent being taken into custody.
~3} It is no defense to a prosecution under this section that the
peace officer lacked legal authority to make the arrest, provided the peace
officer was acting under color of official authority.
Section 10. Section 4.990 of the Eugene Code, 1911, is amended to pro-
vide:
4.990 Pena_1t~es - Specific.
t,~ , . ~,.,.. _.
~ ~ } v~ of a ~ i on of the
confinement in jail, or both, up
Section
4.045 to 4.015
4.110
4.115
4.125
4.130
4.140
4.145
4.155
4.1fi0
4.1fi5
4.175
4.180
4.185
4.195
4.240
4.2fi5
4.300
4.310
4.330 to 4.490
4.3352}
4.3403}
4.5001}
4.5002}
4 , fi 15 to 4 . fi5D
4.725
4.12fi
4.129
4.730
4.131
following sections is punishable by fine or
to the amounts indicated opposite each:
Penal t
$ 500 fine
500 fine
100 fine
250 fine
5D0 fine
500 fine
500 fine or 30 days in jail, or both
50o fine
500 fine
500 fine
50D fine
500 fine
500 fine
500 fine
100 fine
500 fine
500 fine
500 fine
Except as specifically l i steel herein, see
subsection ~2} of this section
500 fine ar 30 days in jail, or bath
500 fine or 30 days in jail, or both
500 fine or 30 days in jail, or both
2,500 fine ar 6 months in jail, or bath
See subsection ~3} of t his section
1,000 fine or 100 days in jail, or both
1,000 fine or 100 days in jail, ar bath
500 fine or 100 days in jail, ar both
2,50o fine or 100 days in jail, or both
2, 500 fine or 1 year i n j ail , or bath
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4.732 2,500 fine or 100 days in jail, or both,
with a minimum s even days confinement
in jail
4.735 250 fine
4.160 500 fine
4.170 500 fine
4.180 500 fine or 30 days in jail, or both
4.182 2,500 fine ar 100 days in jail, or both
4.195 500 fine
4.806 500 fine ar 30 days in jail, or both
4.801 500 fine or 30 days in jail, or both
4.808 2,500 fine or 100 days in jail, or both
4.809 2,500 fine ar 104 days in jail, or both
4.8201} 500 fine or 30 days in jail, or both
4.8202} 1,000 fine or 6 months in jail, or both
4.8251} 500 fine or 34 days in jail, or both
4.8252} 1,D00 fine or 6 months in jail, or both
4.830 250 fine
4.832 200 fine
4,833 200 fine
4.835 to 4.850 500 fine
4.855 500 fine
4.860 500 fine
4.812 to 4.879 See subsections ~4} and ~5} of this sec-
tion
4.885 500 fine
4.886 See subsection ~l} of this section
4.887 1,000 fine or 100 days in jail, or both
4.888 2,500 fine or 100 days in jail, or both
4.895 500 fine
4.904 500 fine or 30 days in jail, or both
4.905 500 fine ar 3o days i n jail , ar both
4.906 2,500 fine or 100 days in jail, or both
4.910 2,500 fine or 100 days in jail, or both
4.911 250 fine
4.912 250 fine cif the prosecution hindered is
a violation}
4.920 2,500 fine ar 100 days in jail, or both
4.925 500 fine
4.9301} 500 fine or 30 days in jail, or both
4.9302} 1,000 fine ar 6 months in jail, or both
4.936 See subsection ~6}
4.931 500 fine
4.940 250 fine
4.942 2,500 fine or loo days in jail, or both
4.943 2,500 fine or 100 days in jail, ar both
4.945 500 fine
4.950 5D0 fine
4.965 to 4.975 500 fine
4.981 t0 4.983 500 fine
~ 2} Except when a d i f ferent penalty i s expressly provided i n sub-
section ~1} of this section, violation of sections 4.33o to 4.490 is punish-
abl a as provided i n this subsection:
Ordinance - 1
~ a} One hat f of the fine imposed may be waived i f the vi o-
l ator attends a vi of ators school conducted by the animal regul a-
tian authority,
fib} In addition to the fines imposed by this subsection, the
court may order any Level 3 or Level 4 potentially dangerous dog
to be neutered and any level 4 or level 5 potenti al ly dangerous dog
euthanized and may suspend, for a period of time, any level 5
potentially dangerous dog owner's right to own a dog within
the city including dogs currently owned.
~c} For section 4.3703}, 4.405, 4.430, 4.460, 4.465, 4.410
ar 4, 490 by a f i ne not more than $150.
~d} For section 4,3351}, 4,3402}, 4.375, 4,380,4.3908},
4,3909}, 4,4001}, 4.410, 4.445, 4.450, 4.455 or 4,45 by a fine
of not more than $500
.fie}, The violation of any other section not specified in this
sects an ~ s puny shabl a by a f ~ ne not mare than $250,
~3} violation of section 4.615 to 4.650 i s puni shab1 a as fol 1 ows:
~a} A person found by the court i n a ci vi l action brought
pursuant to section 4,6455}~a} to have engaged in an unlawful
practice is subject to a fine of not mare than $1,000 for each
occurrence thereof. The city shall be required to prove an act
of discrimination under this section by a preponderance of the
evidence.
fib} A, person found gui 1 ty of having intentionally and
wi 11 fully v~ ai ated the prove s~ ons of sections 4.615 to 4, 650 or a
person found guilty of violating those provisions a second or
additional 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 100 days, or both such fine and
imprisonment.
~4} violation of sections 4,572 to 4,879 and any regulations
adopted under those sections, except wi 1 l ful violations as defined i n subsec-
~ 5} , i s punishable by fine not to exceed $500.
~5} The willful violation of sections 4,872 to 4.579 and any regu-
l ations adapted under those sections or the wi 11 ful vi o1 ati an of any other
section of this chapter punishable by fine only while on the mall as defined
in section 4.871 is punishable by a fine not to exceed $1,000 or confinement
i n jail not to exceed one year, or both fine and imprisonment. A wi 11 f ul
violation of section 4.512 to 4. S19 or the regulations adopted thereto shal 1
mean engaging i n the, same prohibited conduct after either receipt of a wri tten
note ce of the v~ 01 ate on as descry bed i n the Eugene Mal 1 Regu1 ati ons or re-
ceipt of a misdemeanant citation from a police officer.
~6} A respons i bl a party who vi al ates section 4.936 i s puni shabl e
by •
~a} A f i ne not to exceed $50 for the second false ai arm;
fib} A fine not to exceed $100 for the third false alarm;
~c} A f i ne not to exceed $250 far the fourth and subsequent
false alarms .
The court may di smi ss a ci tati on issued for violation of section 4.936 i f
within 10 days of the date of the ci tat i an a resOns i b1 a party provides the
court with proof ~ 1 } that the alarm system has been repaired and restored to
warki ng order or l egal iy removed from the premises; or ~2} that the false
Ordinance - 5
alarm was caused solely by lightning or other natural occurrences beyond the
control of the responsible party.
~1~ Violation of section 4.886 is punishable by a fine of not
less than $10 nor more than $500, or confinement in jail for not less than
ten days nor more than six months, or both fine and imprisonment.
Section 10. The City Recorder, at the request of, or with the concur-
rence of the City Attorney, is authorized tv administratively correct any ref-
erence errors contained herein, ar i n other provisions of the Eugene Cade,
1911 to the provisions added, amended ar repealed herein.
Section 11. That the matters contained herein concern the public health,
welfare and safety and therefore, an emergency is hereby declared to exist,
and this Ordinance shall become effective immediately upon its passage by the
City Council and approval by the Mayor.
Passed by the City Council this
14th day of May, 1990
~~~l~.- ~
City Re rder
Approved by the Mayor this
14th day of May, 1990
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