HomeMy WebLinkAboutOrdinance No. 20358
-g~c:
COUNCIL ORDINANCE NUMBER 20358
COUNCIL BILL NUMBER 4917
AN ORDINANCE CONCERNING
OFFENSES; AMENDING SECTIONS
4.710 AND 4.940, OF THE EUGENE
CODE, 1971; AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE.
ADOPTED: January 23, 2006
PASSED: 7:0
REJECTED:
OPPOSED:
ABSENT: Councilor Poling
EFFECTIVE: immediately
ORDINANCE NO. 20358
AN ORDINANCE CONCERNING OFFENSES; AMENDING
SECTIONS 4.710 AND 4.940, OF THE EUGENE CODE,
1971; AND PROVIDING AN IMMEDIATE EFFECTIVE
DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 4.710 of the Eugene Code, 1971, is amended 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.
(3) By sending to, or leaving at, the other person's telephone a text
message, voice mail or any other message, knowing that the caller has
been forbidden from so doing by a person exercising lawful authority
over the receiving telephone.
(4) It is an affirmative defense to a charge of violating this section that the
caller is a debt collector, as defined in ORS 646.639, who engaged in
the conduct proscribed by this section while attempting to collect a debt.
The affirmative defense created by this subsection does not apply if the
debt collector committed the unlawful collection practice described in
ORS 646.639(2)(a) while engaged in the conduct proscribed by this
section.
Section 2. Section 4.940 of the Eugene Code, 1971, is amended to provide:
4.940 Fire Control. A person commits the offense of refusing to assist in fire-
fighting operations if:
(a) Upon command by a person known by the person to be a firefighter the
person unreasonably refuses or fails to assist in extinguishing a fire or
protecting property threatened thereby; or
(b) Upon command by a person known by the person to be a firefighter or
peace officer the person intentionally and unreasonably disobeys a
lawful order relating to the conduct of the person in the vicinity of a fire.
(c) Subsections (a) and (b) of this section do not apply to a person working
for a news organization if the person is reporting on the fire and the
person does not unreasonably interfere with fire-fighting operations.
Ordinance - 1
Section 3. 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.
Section 4. Certain Bills passed at the 2005 Legislation Session that amend the
provisions amended herein became effective, therefore, it is necessary for the
preservation of the public health, welfare and safety for this Ordinance to have
immediate effect. This Ordinance shall become effective immediately upon its passage
by the City Council and approval by the Mayor, retention by the Mayor for more than ten
days, or readoption over a Mayoral veto by two-thirds of all members of the City
Council.
Passed by the City Council this
23rd day of January, 2006.
fYJ;Q~
~~
Approved by the Mayor this
"2< day of January, 2006.
~t~. fcA'j
ayor
Ordinance - 2