Chapter 7.08 DISORDERLY CONDUCT

Chapter 7.08
DISORDERLY CONDUCT

Sections:

7.08.010 Disorderly conduct.

7.08.020 Harassment.

7.08.030 Loitering.

7.08.040 Drinking in public places.

7.08.050 Unnecessary noise.

7.08.052 Sound amplifying paging systems.

7.08.060 Tampering with animals used for law enforcement purposes.

7.08.070 Assault.

7.08.080 Menacing.

7.08.090 Recklessly endangering another person.

7.08.010 Disorderly conduct.

(1) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he/she:

(a) Engages in fighting or in violent, tumultuous or threatening behavior; or

(b) Makes unreasonable noise; or

(d) Disturbs any lawful assembly of persons without lawful authority; or

(e) Obstructs vehicular or pedestrian traffic on a public way; or

(f) Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or

(g) Initiates or circulates a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency; or

(h) Creates a hazardous or physically offensive condition by any act which he/she is not licensed or privileged to do.

(2) Public Intoxication. A person commits the crime of public intoxication if he/she creates, while in a state of intoxication, any disturbance of the public in any public or private business or place. (Ord. 5026 § 1, 1993; Ord. 3603 § 1, 1972; Ord. 2823 § 3, 1958).

7.08.020 Harassment.

(1) A person commits the crime of harassment if, with intent to harass, annoy or alarm another person, the actor:

(a) Subjects another to offensive physical contact;

(b) Publicly insults another by abusive or obscene words or gestures in a manner likely to provoke a violent or disorderly response;

(c) Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person, which report reasonably would be expected to cause alarm;

(d) Subjects another to alarm by conveying a telephonic or written threat to inflict serious physical injury on that person or to commit a felony involving the person or property of that person or any member of that person’s family, which threat reasonably would be expected to cause alarm;

(e) Subjects another to alarm or annoyance by telephonic use of obscenities or description of sexual excitement or sadomasochistic abuse or sexual conduct as defined in ORS 167.060 including intercourse, masturbation, cunnilingus, fellatio, or anilingus, which use or description is patently offensive and otherwise obscene as defined in ORS 167.087(2)(b) and (c); or

(f) Causes the telephone of another to ring with no communicative purpose.

(2) A person is criminally liable for harassment if the person knowingly permits any telephone under the person’s control to be used in violation of subsection (1) of this section. (Ord. 4629 § 1, 1984; Ord. 4492 § 1, 1982; Ord. 3603 § 2, 1972; Ord. 2823 § 4, 1958).

7.08.030 Loitering.

A person commits the crime of loitering if he/she:

(1) Loiters in or near a school building or grounds, not having any reason or relationship involving custody of or responsibility for a student, or upon inquiry by a peace officer or school official, not having a specific, legitimate reason for being there; or

(2) Loiters or prowls in a public place without apparent reason and under circumstances which warrant justifiable alarm for the safety of persons or property in the vicinity and upon inquiry by a peace officer, refuses to identify himself/herself and give a reasonably credible account of his/her presence and purposes. (Ord. 5026 § 1, 1993; Ord. 3603 § 3, 1972; Ord. 2823 § 5, 1958).

7.08.040 Drinking in public places.

It is unlawful for any person to drink any intoxicating liquor upon any street or in any public place; provided, however, that nothing in this section contained shall be deemed to apply to the drinking of any intoxicating liquor in any establishment wherein the same may be sold for premises consumption under the laws of the State. (Ord. 2823 § 7, 1958).

7.08.050 Unnecessary noise.

It is unlawful for any person to create, assist in creating, permit, continue, or permit the continuance of any loud, disturbing, or unnecessary noise in the City. The following acts are declared to be violations of this section, but such enumerations are not deemed to be exclusive:

(1) The keeping of any animal which by frequent or loud continued noise disturbs the comfort and repose of any person in the vicinity;

(2) The use of any automobile, motorcycle, streetcar, or other vehicle, any engine, stationary or moving instrument, device, or thing so out of repair, so loaded, or operated in such manner as to create loud or unnecessary grating, grinding, rattling, or other noises;

(3) The sounding of any horn or signal device on any automobile, motorcycle, streetcar, or other vehicle on any street or public place of the City, except as a necessary warning or danger to property or person;

(4) The use of any mechanical device operated by compressed air, steam, or otherwise, unless the noise created thereby is effectively muffled;

(5) The erection, including excavation, demolition, alteration, or repair of any building, other than between the hours of 7:00 a.m. and 6:00 p.m., except upon special permit granted by the Common Council;

(6) The use of any gong or siren upon any vehicle other than police, fire, or other emergency vehicle;

(7) The operation of any gasoline engine without having the same equipped with and using thereupon a muffler;

(8) The use of “muffler cutout” on any motor vehicle upon any street;

(9) The use or operation of any automatic or electric piano, phonograph, radio, loudspeaker, or any sound amplifying device so loudly as to disturb persons in the vicinity thereof or in such manner as renders the same a public nuisance; provided, however, that upon application to the City Manager permits may be granted to responsible persons or organizations to broadcast programs of music, news, speeches, or general entertainment;

(10) The conducting, operating, or maintaining of any garage within 100 feet of any building used as a private residence, apartment house, rooming house, or hotel in such a manner as to cause loud or offensive noises to be emitted therefrom between the hours of 10:00 p.m. and 7:00 a.m. The foregoing acts are declared nuisances and any person violating any of the provisions of this section shall be deemed guilty of an offense. (Ord. 4937 § 1, 1990; Ord. 3873 § 1, 1975; Ord. 2823 § 43, 1958).

7.08.052 Sound amplifying paging systems.

(1) For purposes of this chapter, a “sound amplifying paging system” is defined as any device which amplifies any sound from which a person may obtain the information that he or she is receiving a telephone call or from which he or she may receive directions from another person. “Sound amplifying paging system” does not include any sound amplification device used by any law enforcement agency, fire department, or other unit of government that uses such device in connection with law enforcement or public safety function.

For purposes of this chapter, “plainly audible” is defined as any sound which can be heard outside of any building by the human ear 20 feet or more from the source of such sound.

(2) It shall be unlawful to operate or permit the use or operation of any sound amplifying paging system which produces a plainly audible sound except as provided herein.

(3) Operation of sound amplifying paging systems shall be permitted from the hours of 8:00 a.m. to 9:00 p.m. so long as the volume of sound shall not exceed 65 decibels at any property line which is under the control of the operator of the system and is contiguous to the property upon which the sound amplifying paging system is located.

(4) It shall be unlawful to operate any sound amplifying paging system which is plainly audible between the hours of 9:00 p.m. and 8:00 a.m.

(5) This section applies only to amplified sound or speech. It does not apply to the unamplified human voice. (Ord. 4998 § 1, 1992).

7.08.060 Tampering with animals used for law enforcement purposes.

It is unlawful for any person to torture, torment, beat, kick, strike, choke, cut, stab, stone, shoot, mutilate, injure, disable, kill, or tamper with any animal while it is being caged, kennelled, transported, exhibited, exercised, or used in discharging or attempting to discharge any lawful duty or function or power of office by any police officer or his/her representative for any police agency. (Ord. 5026 § 1, 1993; Ord. 4633 § 1, 1984).

7.08.070 Assault.

A person commits the crime of assault if the person:

(1) Intentionally, knowingly, or recklessly causes physical injury to another; or

(2) With criminal negligence causes physical injury to another by means of a deadly weapon. (Ord. 5141 § 2, 1994).

7.08.080 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. (Ord. 5141 § 3, 1994).

7.08.090 Recklessly endangering another person.

A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of physical injury to another person. (Ord. 5141 § 4, 1994).