Lake Oswego City Code

Chapter 34 CRIMES AND CIVIL VIOLATIONS

Article 34.02 Criminal.

Section 34.02.001 Title, Effective Date.

LOC Ch. 34 shall be referred to as the "Offenses Chapter of the City of Lake Oswego." The effective date of this chapter is January 27, 1983.

(Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 1955, Sec. 1; 11-17-87.)

Section 34.02.005 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.02.006 Application of the Oregon Criminal Code.

Except as otherwise provided, provisions of the Oregon Criminal Code of 1971, as constituted on October 23, 1999, relating to offenses, burden of proof, general principles of criminal liability, definitions, attempt, conspiracy, parties, process, general principles of justification, classification of offenses and penalties apply to offenses defined and made punishable by the offenses chapter of the City of Lake Oswego. The provisions of the Oregon Criminal Code, as stated above, shall not apply to Sections 34.04.101 through 34.16.999. Those sections shall make use of the civil violation procedure as provided in this Chapter and ORS 153.005 to 153.033; 153.039 to 153.111, and the nuisance abatement procedures as provided in this chapter. Criminal conduct as defined in this chapter which occurs in conjunction with or as part of an episode otherwise involving a civil violation may be prosecuted in a single proceeding in municipal court.

(Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 1910, Sec. 12; 03-05-85. Ord. No. 1955, Sec. 2; 11-17-87. Ord. No. 1999, Sec. 1; 03-06-90. Ord. No. 2038, Sec. 1; 09-17-91. Ord. No. 2083, Amended, 12/07/93; Ord. No. 2125, Amended, 09/19/95)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.02.010 Definitions.

Except where the context clearly indicates a different meaning, the definitions appearing in the definitional and other sections of particular chapters of the Oregon Criminal Code are applicable to Sections 34.02.010 to 34.02.081. Abbreviated reference to the Oregon Revised Statutes is "ORS". The definition of "peace officer" in ORS 133.005(3) shall be supplemented to include inspectors and investigators employed by the Oregon Liquor Control Commission.

(Ord. No. 1648, 11-9-76. Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 1901, Sec. 1; 9-18-84. Ord. No. 1910, Sec. 12; 03--05-85. Ord. No. 1955, Sec. 3; 11-17-87. Ord. No. 1999, Sec. 2; 03-06-90. Ord. No. 2038; Sec. 2; 09-17-91. Ord. No. 2083, Amended, 12/07/93; Ord. No. 2125, Amended, 09/19/95; Editorial change 03/01/96; Ord. No. 2161, Amended, 12/16/97)

Section 34.02.019 Attempts, Solicitation, Conspiracy.

The following sections of the Oregon Criminal Code are adopted and incorporated by reference in the Offenses Chapter of the City of Lake Oswego.

1. ORS 161.405 Attempt Described.

2. ORS 161.425 Impossibility not a Defense.

3. ORS 161.430 Renunciation as a Defense to Attempt.

4. ORS 161.435 Solicitation Described.

5. ORS 161.440 Renunciation as a Defense to Solicitation.

6. ORS 161.450 Conspiracy Described.

7. ORS 161.455 Conspiratorial Relationship.

8. ORS 161.460 Renunciation as a Defense to Conspiracy.

9. ORS 161.465 Duration of Conspiracy.

10. ORS 161.475 Defenses to Solicitation and Conspiracy.

11. ORS 161.485 Multiple Convictions Barred in Inchoate

Crimes.

12. The provisions of LOC 34.02.019(1) and 34.02.019(4) apply to the following "C" felonies and shall be prosecuted as "A" misdemeanors.

a. ORS 162.065 Perjury.

b. ORS 162.155 Escape, Second Degree.

c. ORS 162.265 Bribing a Witness.

d. ORS 162.275 Bribe Receiving by a Witness.

e. ORS 162.285 Tampering with a Witness.

f. ORS 162.325 Hindering Prosecution.

g. ORS 163.165 Assault, Third Degree.

h. ORS 163.245 Custodial Interference, Second Degree.

i. ORS 163.275 Coercion.

j. ORS 163.535 Abandonment of Child.

k. ORS 164.055 Theft, First Degree.

l. ORS 164.065 Theft of Lost, Mislaid Property.

m. ORS 164.085 Theft by Deception.

n. ORS 164.095 Theft by Receiving.

o. ORS 164.125 Theft of Services.

p. ORS 164.135 Unauthorized Use of a Vehicle.

q. ORS 164.140 Criminal Possession of Rented or Leased Property.

r. ORS 164.215 Burglary, Second Degree.

s. ORS 164.315 Arson, Second Degree.

t. ORS 164.365 Criminal Mischief, First Degree.

u. ORS 164.395 Robbery, Third Degree.

v. ORS 165.013 Forgery, First Degree.

w. ORS 165.022 Criminal Possession of Forged Instrument in the First Degree.

x. ORS 165.032 Criminal Possession of Forgery Device.

y. ORS 165.055 Fraudulent use of a Credit Card.

z. ORS 165.800 Identity Theft.

aa. ORS 166.015 Riot.

bb. ORS 166.165 Intimidation, First Degree.

cc. ORS 166.220 Carrying a Dangerous Weapon with Intent to Use.

dd. ORS 166.270 Ex-Con in Possession of Firearm.

ee. ORS 167.127 Promoting Gambling, First Degree.

ff. ORS 167.137 Possession of Gambling Records, First Degree.

gg. ORS 167.212 Tampering with Drug Records.

(Ord. No. 1955, Sec. 4; 11-17-87. Ord. No. 1999, Sec. 3; 03-06-90. Ord. No. 2038, Sec. 3; 09-17-91. Ord. No. 2083, Amended, 12/07/93; Ord. No. 2125, Amended, 09/19/95; Ord. No. 2161, Amended, 12/16/97)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.02.020 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.02.021 Offenses Against the City and Public Justice.

The following sections of the Oregon Criminal Code are adopted and incorporated by reference in the offenses chapter of the City of Lake Oswego:

1. ORS 133.076 Failure to Appear on a Criminal Citation.

2. ORS 153.992 Failure to Appear (Violation Proceeding).

3. ORS 162.075 False Swearing.

4. ORS 162.085 Unsworn Falsification.

5. ORS 162.145 Escape.

6. ORS 162.195 Failure to Appear in the Second Degree.

7. ORS 162.235 Obstructing Governmental Administration.

8. ORS 162.245 Refusing to Assist a Peace Officer.

9. ORS 162.247 Interfering with a Peace Officer.

10. ORS 162.295 Tampering with Physical Evidence.

11. ORS 162.305 Tampering with Public Records.

12. ORS 162.315 Resisting Arrest.

13. ORS 162.355 Simulating Legal Process.

14. ORS 162.365 Criminal Impersonation.

15. ORS 162.375 Initiating a False Report.

16. ORS 162.385 Giving false Information to a Police Officer for a Citation.

(Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 1910, Secs. 1 and 12; 03-05-85. Ord. No. 1955, Sec. 5; 11-17-87. Ord. No. 1999, Sec. 4; 03-06-90. Ord. No. 2003, Sec. 1; 03-06-90. Ord. No. 2038, Sec. 4; 09-17-91. Ord. No. 2083, Amended, 12/07/93; Ord. No. 2125, Amended, 09/19/95; Ord. No. 2161, Amended, 12/16/97)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.02.022 Removing Public Notices.

No person shall knowingly deface, alter or tear down any official notice or bulletin.

(Ord. No. 1856, Sec. 1; 12-28-82.)

Section 34.02.023 Tampering with Public Property.

No person shall knowingly tamper with, injure, deface, destroy or remove any marker, fire alarm box, fire hydrant, topographic survey monument, motor vehicle sign, signs regulating parking, motor vehicle directional control devices or any other personal property or fixture erected or maintained by the City, county or the State of Oregon.

(Ord. No. 1856, Sec. 1; 12-28-82.)

Section 34.02.025 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.02.030 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.02.031 Offenses Against Persons.

The following sections of the Oregon Criminal Code are adopted and incorporated by reference in the offenses chapter of the City of Lake Oswego:

1. ORS 163.160 Assault in the Fourth Degree.

2. ORS 163.190 Menacing.

3. ORS 163.195 Recklessly Endangering Another Person.

4. ORS 163.200 Criminal Mistreatment in the Second Degree.

5. ORS 163.208 Assaulting a Public Safety Officer.

6. ORS 163.465 Public Indecency.

7. ORS 163.467 Private Indecency.

8. ORS 163.545 Child Neglect.

9. ORS 163.575 Endangering Welfare of a Minor.

10. ORS 163.577 Failing to Supervise a Child.

11. ORS 163.700 Invasion of Personal Privacy.

12. ORS 163.709 Unlawful Directing of Light from a Laser Pointer.

13. ORS 163.732 Stalking.

14. ORS 163.750 Violating Court's Stalking Protective Order.

15. ORS 165.572 Interference with Making a Report.

(Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 1910, Sec. 12; 03-05-85. Ord. No. 1955, Sec. 6; 11-17-87. Ord. No. 1999, Sec. 5; 03-06-90. Ord. No. 2038, Sec. 5; 09-17-91. Ord. No. 2083, Amended, 12/07/93; Ord. No. 2125, Amended, 09/19/95; Ord. No. 2161, Amended, 12/16/97)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.02.032 Repealed and renumbered as LOC 34.02.031(13), Ord. No. 2231, 03-21-00.

Section 34.02.033 Placing a Public Safety Worker at Risk of Bloodborne Pathogens.

1. A person commits the crime of placing a public safety worker at risk of bloodborne pathogen if the person knowingly:

a. Verbally places a public safety worker in danger of contracting a bloodborne pathogen by threatening to spit on such worker and carries an admitted or known bloodborne pathogen; or

b. Physically places a public safety worker in danger of contracting a bloodborne pathogen by throwing, spitting or contracting such worker with saliva, blood, urine or feces.

2. As used in this section:

a. Public safety worker is defined as a city, county or state employee who, as a job requirement must come into contact with the public.

b. Bloodborne pathogen includes but is not limited to Hepatitis B and the HIV virus.

3. Placing a public safety worker at risk of bloodborne pathogen is a Class A Misdemeanor.

(Ord. No. 2084, Enacted, 01/04/94)

Section 34.02.035 Offenses against Property; Fraud and Deception.

The following sections of the Oregon Criminal Code are adopted and incorporated by reference in the offenses chapter of the City of Lake Oswego:

1. ORS 164.043 Theft in the Third Degree.

2. ORS 164.045 Theft in the Second Degree.

3. ORS 164.065 Theft of Lost, Mislaid Property.

4. ORS 164.085 Theft by Deception.

5. ORS 164.095 Theft by Receiving.

6. ORS 164.125 Theft of Services.

7. ORS 164.140 Possession of Leased or Rented Property.

8. ORS 164.162 Mail Theft or Receipt of Stolen Mail.

9. ORS 164.235 Possession of Burglary Tools.

10. ORS 164.243 Criminal Trespass in the Second Degree by a Guest.

11. ORS 164.245 Criminal Trespass in the Second Degree on a Premises.

12. ORS 164.255 Criminal Trespass in the First Degree.

13. ORS 164.265 Criminal Trespass While in Possession of Firearms.

14. ORS 164.272 Unlawful Entry into Motor Vehicle.

15. ORS 164.335 Reckless Burning.

16. ORS 164.345 Criminal Mischief in the Third Degree.

17. ORS 164.354 Criminal Mischief in the Second Degree.

18. ORS 164.775(1), (2), (3) and (6) Deposit of Trash Within 100 yards of Waters or in Waters.

a. For the purposes of this subsection and subsection (19), waters shall include the Willamette River, the Tualatin River, Springbrook Creek, Tryon Creek and Lake Oswego or any of the canals or tributaries connected with Lake Oswego.

19. ORS 164.785(1), (2), (3) and (4) Offensive Substances in Waters, on Highways or other Property Prohibited.

20. ORS 164.805 Offensive Littering.

21. ORS 165.007 Forgery in the Second Degree.

22. ORS 165.017 Criminal Possession of a Forged Instrument.

23. ORS 165.047 Unlawfully Using Slugs.

24. ORS 165.055 Fraudulent use of a Credit Card.

25. ORS 165.065 Negotiating a Bad Check.

26. ORS 165.805(1) Misrepresentation of Age by a Minor.

(Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 1910, Sec. 12; 03-05-85. Ord. No. 1955, Sec. 7; 11-17-87. Ord. No. 1999, Sec. 6; 03-06-90. Ord. No. 2003, Sec. 2; 03-06-90. Ord. No. 2038, Sec. 6; 09-17-91. Ord. No. 2083, Amended, 12/07/93; Ord. No. 2125, Amended, 09/19/95; Ord. No. 2161, Amended, 12/16/97)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.02.040 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.02.041 Disorderly Conduct; Weapons.

The following sections of the Oregon Criminal Code are adopted and incorporated by reference in the offenses chapter of the City of Lake Oswego:

1. ORS 166.025 Disorderly Conduct; except subsection l(c).

2. ORS 166.065 Harassment; except subsections (1)(a)(B).

3. ORS 166.075 Abuse of Venerated Objects.

4. ORS 166.090 Telephonic Harassment.

5. ORS 166.095 Misconduct with Emergency Telephone Calls.

6. ORS 166.115 Interfering with Public Transportation.

7. ORS 166.155 Intimidation, Second Degree.

8. ORS 166.180 Negligently Wounding Another.

9. ORS 166.240 Carrying of Concealed Weapons.

10. ORS 166.250 Unlawful Possession of a Firearm.

11. ORS 166.370 Possession of Firearm in or on Public Building.

12. ORS 166.385 Possession of a Hoax Destructive Device.

13. ORS 166.630 Discharging Weapon on or Across Highway.

14. ORS 166.635 Throwing or Shooting at Trains.

(Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 1910, Sec. 12; 03-05-85. Ord. No. 1955, Sec. 8; 11-17-87. Ord. No. 1961, Sec. 1; 2-17-88. Ord. No. 1999, Sec. 7; 03-06-90. Ord. No. 2038, Sec. 7; 09-17-91. Ord. No. 2083, Amended, 12/07/93; Ord. No. 2125, Amended, 09/19/95; Ord. No. 2161, Amended, 12/16/97)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.02.042 Gambling.

The following sections of the Oregon Criminal Code are adopted and included by reference in the offenses chapter of the City Code of Lake Oswego

1. ORS 167.122 Unlawful gambling in the Second Degree.

2. ORS 167.132 Possession of gambling records in the Second Degree.

3. ORS 167.147 Possession of a Gambling Device.

(Ord. No. 1955, Sec. 9; 11-17-87. Ord. No. 1999, Sec. 8; 03-6-90. Ord. No. 2038, Sec. 8; 09-17-91. Ord. No. 2083, Amended, 12/07/93; Ord. No. 2125, Amended, 09/19/95; Ord. No. 2161, Amended, 12/16/97)

Section 34.02.045 Discharge of Weapons.

1. No person, other than an authorized peace officer acting within the scope of his/her duties, shall fire any gun or other weapon, including air actuated pellet guns, "BB" guns or a weapon which is capable of propelling a projectile by use of a bow or sling, explosives or jet, or rocket propulsion.

2. The provisions of this section shall not be construed to prohibit the firing or discharging of any weapon by any person in the defense or protection of property which that person owns or controls, his person or family, or at any place duly licensed or designated for target practice. The provisions of this section shall not be construed to prohibit the display of fireworks, duly authorized by the City of Lake Oswego.

(Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 1955, Sec. 10; 11-17-87. Ord. No. 2084, Amended, 01/04/94)

Section 34.02.047 Interference with Assistance, Search and Rescue and/or Therapy Animals.

1. A person commits the crime of interfering with an assistance, a search and rescue or a therapy animal if the person intentionally or knowingly:

a. Injures or attempts to injure an animal the person knows or reasonably should know is an assistance animal, a search and rescue animal or a therapy animal;

b. Interferes with an assistance animal while the assistance animal is being used to provide assistance to a physically impaired person; or

c. Interferes with a search and rescue animal or a therapy animal while the animal is being used for search and rescue or therapy purposes.

2. As used in this section:

a. "Assistance animal" means any animal trained to assist a physically impaired person in one or more daily life activities, including but not limited to:

(1) Dog guides, as defined in ORS 346.610;

(2) Hearing ear dogs, as defined in ORS 346.640;

(3) Pulling a wheelchair;

(4) Fetching dropped items; and

(5) Balance work.

b. "Physically impaired person" means any person who is permanently physically impaired, whose physical impairment limits one or more of daily life activities and who has a record of impairment and is regarded by health care practitioners as having such an impairment, requiring the use of an assistance animal including but not limited to blindness, deafness and complete or partial paralysis.

c. "Search and rescue animal" means that animal has been professionally trained for, and is actively used for, search and rescue purposes.

d. "Therapy animal" means that the animal has been professionally trained for, and is actively used for, therapy purposes.

3. Interfering with an assistance, a search and rescue or a therapy animal is a Class A misdemeanor.

(Ord. No. 2084, Enacted, 01/04/94)

Section 34.02.048 Throwing Objects Off of Overpasses and Bridges onto Roadways, Pathways or Waterways Prohibited.

1. A person commits the crime of throwing an object off an overpass or a bridge if the person:

a. With criminal negligence throws an object off an overpass and bridge; and

b. Knows, or reasonably should have known, that the object was of a type or size to cause damage to any person, vehicle or boat that the object might hit.

2. Throwing an object off an overpass or a bridge is a Class A misdemeanor.

3. As used in this section, "Overpass" or "Bridge" means a structure carrying a roadway or pedestrian pathway over a roadway, pedestrian pathway or waterway, including Oswego Creek, Oswego Lake and the Canal.

(Ord. No. 2084, Enacted, 01/04/94)

Section 34.02.050 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.02.051 Controlled Substances and Alcohol.

The following sections of the Oregon Criminal Code are adopted and incorporated by reference in the offenses chapter of the City of Lake Oswego.

1. ORS 167.222 Frequenting a Place Where Controlled Substances are Used.

2. ORS 471.410 Providing Liquor to a Person under 21 or to Intoxicated Person; Allowing Consumption by Minor

on Property; Mandatory Minimum Penalties.

3. ORS 471.430 Purchase or Possession of Liquor by Person under 21; Entry of Licensed Premises by Person

Under 21.

4. ORS 475.005 Definitions.

5. ORS 475.991 Unlawful Delivery of Imitation Controlled Substances.

6. ORS 475.992 (l)(d), (1)(e), (2)(b), (3)(d), (3)(e), (4)(c), (4)(d), (4)(e) and (4)(f) Possession of Less Than One

Ounce of Marijuana.

7. ORS 475.994 Prohibited Acts Involving Records and Fraud.

8. ORS 475.995 Penalties for Distribution to Minors, sections (3) and (4).

(Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 1910, Sec. 12; 03-05-85. Ord. No. 1955, Sec. 11; 11-17-87. Ord. No. 1999, Sec. 9; 03-06-90. Ord. No. 2038, Sec. 9; 09-17-91. Ord. No. 2079, Amended, 09/07/93; Ord. No. 2083, Amended, 12/07/93; Ord. No. 2125, Amended, 09/19/95; Ord. No. 2161, Amended, 12/16/97)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.02.052 Placement of Tobacco Product Vending Machines, Penalty for violation.

No person having authority over such placement shall locate a vending machine from which tobacco products, as defined in ORS 431.840, in any form are dispensed in any place legally accessible to persons under 18 years of age except taverns and cocktail lounges, industrial plants, as defined in ORS 308.408, hotels and motels. Violation of this section is a violation as defined in ORS 161.565, punishable by a fine of not more than $250. Each day of violation constitutes a separate offense.

[Cross-reference: See ORS 167.402.]

(Ord. No. 2038, Sec. 10; 09-17-91. Ord. No. 2083, Amended, 12/07/93; Ord. No. 2084, Amended, 01/04/94; Ord. No. 2125, Amended, 09/19/95; Ord. No. 2161, Amended, 12/16/97)

Section 34.02.053 Repealed. Ord. No. 2231, 03-21-00.

Section 34.02.054 Tampering with Police Canine.

1. No person shall torture, torment, beat, kick, strike, choke, cut, stab, burn, stone, shoot, mutilate, injure, disable, kill or tamper with any police canine as defined by LOC 31.02.100.

2. No person shall cause or direct any animal to attack or otherwise interfere with a police canine.

3. A law enforcement officer may destroy any animal attacking a police canine where lesser means of preventing injury to the police canine are not reasonably available.

(Ord. No. 1950, Sec. 3; 7-21-87.)

Section 34.02.055 False Certification.

No person shall, in connection with the issuance of a civil violation citation, criminal citation or filing of a complaint, knowingly certify falsely to the matter set forth in the citation or complaint.

(Ord. No. 1856, Sec. 1; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.02.056 Failure to Leave Area of Arrest, Custody or Stop.

1. No person shall refuse to leave the area of an arrest, custody or stop, or, having left that area, reenter it, after being directed to leave that area by an individual whom the person knows to be a peace officer.

2. For the purpose of the crime of failure to leave area of an arrest, custody or stop, the following definitions shall apply:

a. Arrest means to place a person under actual or constructive restraint for the purpose of charging him with an offense.

b. Custody means to place a person under actual or constructive restraint pursuant to a court order or for other lawful purposes.

c. Peace officer means any member of, the Oregon State Police, a sheriff or deputy sheriff and a city police officer.

d. Stop means a lawful temporary restraint of a person's liberty, by a peace officer (i) when such officer reasonably suspects that such person is committing, or has committed, an offense, or (ii) when such officer reasonably believes that such person is in need of attention pursuant to ORS 426.215 or ORS 426.460, or (iii) when such officer reasonably believes that such person is the subject of service of a warrant or court order.

e. To leave the area of an arrest, custody or stop means to physically move to a location not less than ten (10) feet extending in a radius from where a peace officer is engaged in effecting an arrest, taking a person into custody, or stopping a person; the radius may be extended beyond ten (10) feet when a peace officer reasonably believes that such extension is necessary because there exists a substantial risk of physical injury to any person.

(Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 2161, Amended, 12/16/97)

Section 34.02.057 Obeying Peace Officer at Assembly.

1. At any assembly of three or more persons, when there is reasonable cause to believe that a disturbance of the peace or a danger to public safety is imminent if the assembly continues, a peace officer may order persons present at the assembly to abandon any weapons, to disperse, or both, if the officer finds that two or more persons present:

a. Are threatening bodily harm to another or damage to property with immediate power to carry out that threat, or

b. Have committed an unlawful act of violence during the course of assembly.

2. It is unlawful for any person present at the scene of an assembly of three or more persons to disobey an order of a peace officer authorized by this section.

(Ord. No. 1856, Sec. 1; 12-28-82.)

Section 34.02.058 Repealed. Ord. No. 2231, 03-21-00.

Section 34.02.059 Repealed.

(Ord. No. 2125, Repealed, 09/19/95)

Section 34.02.060 (Repealed by Ord. No. 1856, 12-28-82.)

Section 34.02.061 Demolition of Landmark.

No person shall demolish a landmark without first complying with the provisions of LOC 58.02.125 and receiving a permit which allows such demolition.

(Ord. No. 2000, Sec. 5; 3-14-90.)

Section 34.02.063 Abuse of a Memorial to the Dead.

1. A person commits the crime of abuse of a memorial to the dead if the person intentionally:

a. Destroys, mutilates, defaces, injures or removes any:

A. Tomb, monument, gravestone or other structure or thing placed or designed for a memorial to the dead; or

B. Fence, railing, curb or other thing intended for the protection or for the ornamentation of any structure or thing listed in subparagraph (A) of this paragraph; or

b. Destroys, mutilates, removes, cuts, breaks or injuries any tree, shrub or plant within any structure listed in paragraph (a) of this subsection.

2. Abuse of a memorial to the dead is a Class A misdemeanor.

3. This section does not apply to a person who is the burial right owner of that person's representative, an heir at law of the deceased or a person having care, custody or control of the cemetery by virtue of law, contract or other legal right, if the person is acting within the scope of the person's legal capacity.

(Ord. No. 2125, Enacted, 09/19/95)

Section 34.02.070 (Repealed by Ord. No. 1856, 12-28-82.)

Section 34.02.080 (Repealed by Ord. No. 1856, 12-28-82.)

Section 34.02.081 Penalties.

1. Violations of LOC 34.02.010 to 34.02.081 shall be punished as misdemeanors except those violations which are incorporated sections of the Oregon Criminal Code which shall be punished as set out therein.

2. Violation of LOC 34.02.010 to 34.02.081 shall be punished by a fine not exceeding Two Thousand Dollars ($2,000) or imprisonment for a term not exceeding one hundred eighty (180) days, or by both. The penalty for violations which are incorporated sections of the Oregon Criminal Code are set out therein provided, however, if the same offense is punishable under both LOC 34.02.010 to 34.02.081 and of the laws of the State of Oregon, then the maximum penalty for violation of LOC 34.02.010 to 34.02.081 shall not exceed the maximum penalty under the comparable state law.

(Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 1955, Sec. 13; 11-17-87. Ord. No. 2084, Amended, 01/04/94; Editorial change 03/01/96)

Section 34.02.090 (Repealed by Ord. No. 1448, 12-21-71.)

Article 34.04 Civil Violations.

Section 34.04.100 (Repealed by Ord. No. 1856, 12-28-82.)

Section 34.04.101 Establishment and Purpose.

1. A procedure to handle violations of City Code provisions as civil violations is hereby established, pursuant to the home rule powers granted the City of Lake Oswego by Article IV, Section 1, and Article XI, Section 2 of the Oregon Constitution, and by Sections 4 and 22 of the Lake Oswego Charter.

2. The civil violation procedure is established for the purpose of decriminalizing penalties for violations of certain Code provisions and for the purpose of providing a convenient and practical forum for the civil hearing and determination of cases arising out of said violations. It is intended that violations be punishable even though the responsible party does not knowingly or intentionally violate provisions of the Code. The mere fact that a violation exists and that a person is responsible is sufficient to initiate violation proceedings and impose a fine. A culpable mental state as an element of proof is hereby expressly dispensed with.

3. Violation of LOC 34.04.101 through 34.20.060 shall be known as and referred to as "civil violations".

4. A person may be found liable, responsible or guilty of an alleged civil violation by reason of ownership or possession of the property on which an event or condition exists or has existed or by reason of such person being the proximate cause of such act or condition.

(Ord. No. 1856, Sec. 1; 12-28-82.)

(Ord. 2287, Amended, 01/23/2001, Prior Text; Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.04.105 Definitions.

For the purpose of LOC 34.04.101 through 34.20.060, unless the context indicates otherwise, the following definitions apply:

City Manager. As used in this chapter, City Manager means the person holding the position of City Manager or any officer or employee of the City of Lake Oswego.

Civil Violation. An offense against the City in the form of a violation of a provision of the City Code constitutes a civil violation and shall be handled in accordance with the procedures established by this chapter. When a violation is of a continuing nature, a separate violation will be deemed to occur on each calendar day the violation continues to exist, and a separate citation may be filed for each such violation.

Fines and Schedules. The only penalty to be imposed for a violation is a monetary penalty called a fine, in addition to any costs, assessments or restitution ordered by the court. However, this section shall not be read to prohibit in any way any other alternative remedies set out in code provisions covered by this violation procedure which are intended to abate or alleviate code violations or nuisances, nor shall the City be prohibited from recovering, in a manner prescribed by law, any expense incurred by it in abating or removing Code violations pursuant to said chapter. In addition, the City is not by the use of the violation procedure precluded from utilizing any other enforcement mechanism provided by the general laws of the State.

(Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 1910, Sec. 3; 3-5-85.)

(Ord. 2287, Amended, 01/23/2001, Prior Text; Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.04.106 Cumulative Remedies.

1. Official Action. All officials, departments and employees of the City vested with authority to issue permits or grant approvals shall adhere to and require conformance with this chapter, and shall issue no permit or grant approval for any development or use which violates or fails to comply with conditions or standards imposed to carry out this chapter. Any permit or approval issued or granted in conflict with the provisions of this chapter, whether intentional or otherwise, shall be void.

2. Inspection and Right of Entry. Whenever the City Manager has reasonable cause to suspect a violation of any provision of this chapter or any Code provision which may be enforced through the civil violation or nuisance abatement proceedings, the City Manager may enter on any site or into any structure for the purpose of investigation, provided that no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises if other than the owner. The City Manager may seek and secure a search warrant from the municipal court in order to gain entry. Prior refusal of consent to search the premises need not be established in order to obtain a search warrant. If consent is not received the City Manager shall have obtained a search warrant prior to entry. In addition the City Manager shall have recourse to every other remedy provided by law to secure entry.

3. Injunctive Relief. Upon request of the City Manager, the City Attorney may institute an appropriate action in any court to enjoin the maintenance of any use, occupation, building or structure which is in violation of any provision of this chapter.

4. Evidence of Violation. Proof of a violation of this chapter or permit or approval issued or granted hereunder shall be deemed prima facie evidence that such violation is that of the owner of the property upon which the unlawful use, activity, condition, building, structure or other development exists. Prosecution, or lack thereof, of the owner of the property, the occupant, or other person in possession or control of property shall not be deemed to relieve any other responsible person.

5. Cumulative Remedies. The rights, remedies and penalties provided in this chapter are cumulative, are not mutually exclusive and are in addition to any other rights, remedies and penalties available to the City under any other provisions of law.

(Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 1910, Sec. 4, 3-5-85.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.04.110 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.04.111 Violation Procedure.

All reports of violations covered by this chapter shall be made to the City Manager.

(Ord. No. 1856, Sec. 1; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.04.115 Repealed. Ord No. 2231, 03-21-00.

Section 34.04.120 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.04.121 Repealed. Ord No. 2231, 03-21-00.

Section 34.04.125 Uniform Violation Citation and Complaint.

1. A uniform violation citation and complaint signed by the City Manager or any citizen, may be filed with the Municipal Court, charging the person cited with a civil violation and setting a date for said person to appear before the Municipal Court to answer said complaint.

2. Notwithstanding ORS 153.042(1), if the City Manager has reasonable grounds to believe that a violation has occurred, the City Manager may issue a violation citation whether or not the conduct alleged to constitute the violation takes place in the City Manager's presence.

3. A citizen may not file a complaint for violation of state statute, except as provided in ORS 153.058(8).

4. The City Manager shall prescribe the form of the uniform violation citation and complaint, but it shall consist of at least four parts. Additional parts may be inserted for administrative purposes by those charged with the enforcement of the Code.

The required parts are:

a. The complaint.

b. The abstract of court record.

c. The police or City department record.

d. The summons.

5. The complaint in a violation citation shall contain the following information:

a. The name of the court and the court's file number.

b. The name of the city, or the name of the citizen commencing the proceedings.

c. The name of the person cited.

d. A statement or designation of the violation that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the violation is alleged to have been committed.

e. The complaint shall contain a form of certificate in which the City Manager or citizen must certify, under the penalties provided in ORS 153.990, that the City Manager or citizen has reasonable grounds to believe, and does believe, that the person named in the complaint committed the violation specified in the complaint. A certificate conforming to this subsection shall be deemed the equivalent of a sworn complaint.

6. The summons in a violation citation shall contain the following information:

a. The name of the court and court's file number.

b. The name of the person cited.

c. The date on which the citation was issued.

d. The name of the City Manager, the other city officer or employee issuing the citation.

e. The time and place at which the person cited is to appear in court.

f. A statement or designation of the violation that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the violation is alleged to have been committed.

g. A notice to the person cited that a complaint will be filed with the court based on the violation.

h. The amount of base fine, if any, fixed for the violation.

i. A statement notifying the person that a monetary judgment may be entered against the person for up to the maximum amount of fines, assessments, restitution and other costs allowed by law for the violation if the person fails to make all required appearances at the proceedings.

7. Filing by citizen. Upon the filing of a complaint by a citizen, the court shall cause the summons to be delivered to the person cited and shall deliver a copy of the complaint to the City Attorney. The court may require the City Manager to serve the summons. The summons shall also contain a section showing whether it was personally served on the cited person or delivered by some other method.

8. Service and filing by City Manager. Upon issuing a violation citation, the City Manager shall cause the summons to be delivered to the person cited and shall cause the complaint and abstract of court record to be delivered to the court.

(Ord. No. 1856, Sec. 1; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.04.130 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.04.131 Summons.

Service of the violation citation and complaint shall be accomplished by any method permitted under the Oregon Rules of Civil Procedure, Rule 7.

(Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 1910, Sec. 8; 3-5-85. Ord. No. 2153, Amended, 07/15/97)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.04.132 Appearance by Defendant.

1. A defendant who has been issued a violation citation must either:

a. Make a first appearance by personally appearing in court at the time indicated in the summons; or

b. Make a first appearance in the manner provided in subsection (2) of this section before the time indicated in the summons.

2. A defendant who has been issued a violation citation may make a first appearance in the matter before the time indicated in the summons by one of the following means:

a. The defendant may submit to the court a written or oral request for a trial.

b. The defendant may enter a plea of no contest by delivering to the court the summons, a check or money order in the amount of the base fine set forth in the summons, and a statement of matters in explanation or mitigation of the violation charged. The delivery of a statement of matters in explanation or mitigation under the provisions of this paragraph constitutes a waiver of trial and consent to the entry of a judgment forfeiting the base fine based on the statement and any other testimony or written statements that may be presented to the court by the citing officer or other witnesses.

c. The defendant may execute the appearance, waiver of trial and plea of guilty that appears on the summons and deliver the summons and a check or money order in the amount of the base fine set forth in the summons to the court. The defendant may attach a statement of matters in explanation or mitigation of the violation.

3. The court may require that a defendant requesting a trial under subsection (2)(a) of this section deposit the base fine specified under ORS 153.125 to 153.145 or such other amount as the court determines appropriate if the defendant has failed to appear in any court on one or more other charges in the past. If the defendant does not deposit the amount specified by the court, the defendant must personally appear in court at the time indicated in the summons. The amount deposited by the defendant may be applied against any fine imposed by the court, and any amount not so applied shall be refunded to the defendant at the conclusion of the proceedings.

4. If the defendant personally appears in court at the time indicated in the summons and enters a plea of guilty, the judge shall consider any statement in explanation or mitigation made by the defendant.

5. The court may require a defendant to appear personally in any case, or may require that all defendants appear in specified categories of cases.

6. If a defendant has entered a no contest plea or guilty plea in the manner provided in subsection (2)(b) or (2)(c) of this section, and the court determines that the base fine amount is not adequate by reason of previous convictions of the defendant, the nature of the offense charged or other circumstances, the court may require that a trial be held unless an additional fine amount is paid by the defendant before a specified date. Notice of an additional fine amount under this subsection may be given to the defendant by mail. In no event may the court require a total fine amount in excess of the maximum fine established for the violation by statute.

7. If a defendant fails to make a first appearance on a citation for a traffic violation, as defined by ORS 801.550, or fails to appear at any other subsequent time set for trial or other appearance, the driving privileges of the defendant are subject to suspension under ORS 809.220.

(Ord. 2231, Add, 03/21/2000)

Section 34.04.133 Base Fines.

The Municipal Court Judge shall adopt base fines for violations subject to the jurisdiction of the court, in amounts not less than those specified under ORS 153.125 to 153.145.

(Ord. 2231, Add, 03/21/2000)

Section 34.04.134 Arrest Warrant or Show Cause Order upon Failure to Appear.

1. Except as provided in subsection (2) of this section, a warrant for arrest may be issued against a person who fails to make a first appearance on a citation for a violation, or fails to appear at any other subsequent time set for trial or other appearance, only if the person is charged with failure to appear in a violation proceeding under ORS 153.992.

2. If a person fails to make a first appearance on a citation for a violation, or fails to appear at any other subsequent time set for trial or other appearance, the court may issue an order that requires the defendant to appear and show cause why the defendant should not be held in contempt. The show cause order may be mailed to the defendant by certified mail, return receipt requested. If service cannot be accomplished by mail, the defendant must be personally served. If the defendant is served and fails to appear at the time specified in the show cause order, the court may issue an arrest warrant for the defendant for the purpose of bringing the defendant before the court.

(Ord. 2231, Add, 03/21/2000)

Section 34.04.135 Repealed. Ord No. 2231, 03-21-00.

Section 34.04.136 When Trial Required.

1. The court may require that at trial be held in any violation proceeding.

2. Unless a plea of guilty or no contest is entered, a trial must be scheduled for a violation if conviction of the violation would result in the revocation or suspension of the defendant's driving privileges.

(Ord. 2231, Add, 03/21/2000)

Section 34.04.137 Time and Place of Trial.

If the defendant requests a trial under LOC 34.04.132, or a trial is required by the court or by law, the court shall fix a date, time and place for the trial. Unless notice is waived by the defendant, the court shall mail or otherwise provide to the defendant notice of the date, time and place at least five days before the trial. If the citation is for a traffic violation, the notice must contain a warning to the defendant that if the defendant fails to appear at the trial, the driving privileges of the defendant are subject to suspension under ORS 809.220.

(Ord. 2231, Add, 03/21/2000)

Section 34.04.138 Trial; Generally.

1. Violation proceedings shall be tried to the court sitting without jury. The trial in a violation proceeding may not be scheduled fewer than seven days after the date that the citation is issued unless the defendant waives the sevenday period.

2. The state, municipality or political subdivision shall have the burden of proving the charged violation by a preponderance of the evidence.

3. The pretrial discovery rules in ORS 135.805 to 135.873 apply in violation proceedings.

4. The defendant may not be required to be a witness in the trial of any violation.

5. Defense counsel shall not be provided at public expense in any proceeding in which only violations are charged.

6. A district attorney or city attorney may aid in preparing evidence and obtaining witnesses but, except upon good cause shown to the court, shall not appear in violation proceedings unless counsel for the defendant appears. The court shall ensure that the district attorney or city attorney is given timely notice if defense counsel is to appear at trial.

(Ord. 2231, Add, 03/21/2000)

Section 34.04.139 Trial, Testimony by Affidavit.

Notwithstanding any other provision of law, the court may admit as evidence in any trial in a violation proceeding the affidavit of a witness in lieu of taking the testimony of the witness orally and in court. The authority granted under this section is subject to all of the following:

1. Testimony may not be presented by affidavit under the provisions of this section unless the court has adopted rules authorizing the use of affidavits and providing procedures for the introduction and use of the testimony.

2. The court shall allow testimony by affidavit under this section only upon receiving a signed statement from the defendant waiving the right to have the testimony presented orally in court.

3. Testimony by affidavit under this section is not subject to objection as hearsay.

4. A statement signed by the defendant under subsection (2) of this section does not constitute a waiver of trial unless the affidavit specifically so provides.

5. Nothing in this section requires that the defendant or any other witness waive the right to appear if other testimony is introduced by affidavit as provided in this section.

(Ord. 2231, Add, 03/21/2000)

Section 34.04.140 Repealed. Ord. No. 1856, 12-28-82.

Section 34.04.141 Repealed. Ord No. 2231, 03-21-00.

Section 34.04.145 Judgments; Enforcement.

1. Entry of judgments, including default judgments, and relief therefrom shall be governed by the provisions of ORS 153.090 to 153.111. When a person fails to appear for a requested hearing, $20.00 shall be added to any judgment, with any base fine to be credited to this amount. Nothing in this chapter shall be construed to limit in any way the contempt powers of the municipal judge granted by the Lake Oswego City Charter, Code or State law, and the judge may exercise those powers as may be deemed necessary and advisable in conjunction with any matter arising under the procedures set forth in this chapter. Upon a willful failure to comply with the Court's order the offender may be sentenced and committed to jail pursuant to LOC 13.02.010 (as amended).

2. City lien docket. Delinquent fines, costs, assessments or restitution and those brought to default judgment which were assessed for violations which occurred on real property or for improper use of real property and which have not been paid within 30 days after becoming due constitute a lien against said real property. When posted in the City lien docket, such lien may be collected in the same manner as other such debts owing to the City. Upon such entry in the Lien Docket, the amount so entered shall be immediately due and payable and shall be a perfected lien and charge upon the said property. Such lien shall be prior to the rights and interest in said property of all persons in possession of said property and all persons to whom notice of the violation has been given under LOC 34.04.125 and all persons claiming by, through or under any of them. The amount of the lien shall bear interest at the rate of 10% per annum from the date of entry in the Lien Docket. At any time after entry in the Lien Docket the City may proceed, without further notice or demand, to foreclose such lien for the amount thereof, together with interest, reasonable attorney's fees and costs in the manner allowed by State law for collection of assessments for local improvement districts.

3. City license; permits. Nothing in this section shall limit the City from revoking or denying any City license or permit held or desired by a person owing a fine, costs, assessments or restitution pursuant to this Chapter. Any City department which receives notice from the Municipal Court that a person who desires a permit from such City department is owing and delinquent in payment, shall refuse to issue said permit until such delinquent fine, costs, assessment or restitution is paid in full.

4. Penalty. An assessment of a fine for a violation shall be an assessment to pay an amount not exceeding One Thousand Dollars ($1,000).

(Ord. No. 1321, Sec. 1; 4-16-69. 34.145 renumbered 34.161, Ord. No. 1856; Sec. 11; 12-28-82; new section assigned 34.145 by Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 2084, Amended, 01/04/94)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Article 34.06 Applicability to City Ordinances.

Section 34.06.146 Violations of the Sign Ordinance.

Violations of the sign chapter (LOC Chapter 47), as now or hereafter constituted, are hereby declared civil violations and such violations shall be enforced under the provisions of this chapter. Whenever the City Manager becomes aware of violations of the provisions of the sign chapter he may initiate enforcement measures as prescribed herein.

(Ord. No. 1856, Sec. 1; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.06.147 Violations of the Community Development Code.

Violations of the Community Development Code of the City of Lake Oswego (LOC Chapter 50), as now or hereafter constituted, are hereby declared civil violations and such violations may in addition to or in lieu of other remedies or enforcement measures provided by State law or ordinance be enforced under the provisions of this chapter. Whenever the City Manager becomes aware of violations of the provisions of the Community Development Code, he may initiate enforcement measures as prescribed herein.

(Ord. No. 1856, Sec. 1; 12-28-82.)

(Ord. 2316, Amended, 03/05/2002, Prior Text; Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.06.148 Violations of the License Chapter.

Violations of the License Chapter of the Lake Oswego Code (LOC Chapter 20), as now or hereafter constituted, are hereby declared civil violations and such violations may in addition to or in lieu of any other remedies or enforcement measures provided by State law or ordinance be enforced under the provisions of this chapter. Whenever the City Manager becomes aware of violations of the provisions of the licensing chapter, he may initiate the enforcement measures as prescribed herein.

(Ord. No. 1856, Sec. 1; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.06.149 Violations of the Animal and Fowl Chapter.

Except as otherwise expressly stated, violations of the Animal and Fowl Chapter of the Lake Oswego Code (LOC Chapter 31), as now or hereafter constituted, are hereby declared civil violations and such violations may in addition to or in lieu of other remedies or enforcement measures provided by State law or ordinance be enforced under the provisions of this chapter. Whenever the City Manager becomes aware of violations of the provisions of the above chapter, he may cause enforcement measures to be initiated as prescribed herein.

(Ord. No. 1856, Sec. 1; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.06.150 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.06.151 Violations of the Building Regulations Chapter.

Violations of the Building Regulations Chapter of the Lake Oswego Code (LOC Chapter 45), as now or hereafter constituted, are hereby declared civil violations and such violations may in addition to or in lieu of other remedies or enforcement measures provided by state law or ordinance be enforced under the provisions of this chapter. Whenever the City Manager becomes aware of violations of the provisions of said chapter he may cause enforcement measures to be initiated as prescribed herein.

(Ord. No. 1856, Sec. 1; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.06.153 Violations of the Library Chapter or Rules.

Violations of the Library Chapter of the Lake Oswego Code (LOC Chapter 16) as now or hereafter constituted or the rules adopted by the Library Board, are hereby declared civil violations and such violations may in addition to or in lieu of other remedies or enforcement measures provided by State law or ordinance be enforced under the provisions of this chapter. Whenever the City Manager becomes aware of violations of the provisions of the above chapter, he may cause enforcement measures to be initiated as prescribed herein.

(Ord. No. 1856, Sec. 1; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.06.154 Violation of the Fire Protection Chapter.

Violations of the Fire Protection Chapter of the Lake Oswego Code (LOC Chapter 15) as now or hereafter constituted are hereby declared civil violations and such violations may in addition to or in lieu of other remedies or enforcement measures provided by State law or ordinance be enforced under the provisions of this chapter. Whenever the City Manager becomes aware of violations of the provisions of the above chapter, he may cause enforcement measures to be initiated as prescribed herein.

(Ord. No. 1856, Sec. 1; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.06.155 Begging.

1. It shall be unlawful and a civil violation for any person to beg, solicit alms or other gratuities upon the streets or in any public place, provided, however, that this section shall not apply to the solicitation of gratuities by a charitable, fraternal or religious organization.

2. As used in this section, "charitable, fraternal or religious organization" means any person organized and existing for charitable, benevolent, eleemosynary, humane, patriotic, religious, philanthropic, recreational, social, educations, civil, fraternal or other non-profit purposes and who is also exempt from payment of federal income taxes because of its charitable, fraternal or religious purposes.

(Ord. No. 1856, Sec. 1; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.06.156 Jumping or Diving From City Structures.

It shall be unlawful and a civil violation for any person to jump or dive from any bridge, dolphin, pier, dock or other City Structure.

(Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 2060, Sec. 1; 06-02-92.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.06.157 (Repealed by Ord. No. 1918; 5-21-85.)

Section 34.06.158 False Application.

It shall be unlawful and a civil violation for any person to knowingly make a false application for any permit, license, claim, right or other privilege or a renewal or reapplication thereof. A person commits the offense of false application if the person performs any of the following acts:

1. Uses or gives a false or fictitious name, identity, address, age or status,

2. Makes a false statement,

3. Conceals a material fact, and

4. Commits any other fraud in any such application.

(Ord. No. 1856, Sec. 1; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.06.159 Curfew.

1. It shall be unlawful and a civil violation for any child under the age of eighteen years to be in or remain in or upon any street, alley, park or other public place between the hours specified herein.

2. It shall be unlawful and a civil violation for any parent, guardian or person having the care or custody of a child under the age of eighteen years to knowingly permit, or by insufficient control allow, a child to violate subsection (1) of this section.

3. It is a defense to prosecution under subsections (1) or (2) of this section that the child was:

a. accompanied by, or on an errand at the direction of, a parent, guardian or other person of the age of eighteen years or more authorized by a parent or guardian to have the care and custody of the child on the occasion in question;

b. in a motor vehicle involved in interstate travel;

c. engaged in an employment activity, or going to or returning home from an employment activity;

d involved in an emergency consisting of an unforeseen combination of circumstances or the resulting state that calls for immediate action, including, but not limited to, a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life;

e. on the public right of way abutting the child’s residence;

f. attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Lake Oswego, a civic organization or another similar entity that takes responsibility for the child;

g. exercising First Amendment rights protected by the United States Constitution; or

h. emancipated pursuant to ORS 109.550 to 109.565.

4. For the purpose of this section the applicable hours shall be: As to children under fourteen years of age who have not begun high school, between 10:15 p.m. and 6:00 a.m. of the following morning; as to children fourteen years of age or over or who have begun high school, between 12:00 midnight and 6:00 a.m. of the following morning.

5. Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place during curfew hours. The officer shall not issue a citation or take the child into custody under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses or other circumstances, no defense under subsection (3) of this section is present or applicable.

(Ord. No. 1856, Sec. 1; 12-28-82. Ord. No. 2153, Amended, 07/15/97)

(Ord. 2492, Amended, 09/06/2007, Prior Text; Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.06.160 (Repealed by Ord. No. 1856, 12-28-82.)

Section 34.06.161 Inhaling Toxic Vapors.

It shall be unlawful and a civil violation for any person to knowingly inhale or breathe any drug, vapor, chemical or other substance containing ketones, aldehydes, organic acetates, amylnitrates, ether, chlorinated hydrocarbons or other substance or combination of substances which releases vapor in such quantity as to cause or produce conditions of intoxication, inebriation, excitement, stupefaction, hallucination or dulling of the brain or nervous system, with the intention that such condition upon the body or mind result. It is a defense that the inhalation of such substance is required, directed or prescribed by a duly licensed physician or dentist.

(Ord. No. 1856, Sec. 1; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.06.162 Urinating or Defecating in Public.

It is unlawful and a civil violation for any person in a public place or in view of a public place to urinate or defecate, except in public restrooms designed for such purpose.

(Ord. No. 1856, Sec. 1; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.06.163 (Repealed by Ord. No. 1954; 12-1-87.)

Section 34.06.164 Violations of the Historic Preservation Chapter.

Violations of the Historic Preservation Chapter of the Lake Oswego Code (LOC Chapter 58), except a violation of the demolition provisions of LOC 58.02.125, as now or hereafter constituted, are hereby declared civil violations and such violations may, in addition to or in lieu of other remedies or enforcement measures provided by State law or City Code, be enforced under the provisions of this chapter. Whenever the City Manager becomes aware of violations of the provisions of the above chapter, the City Manager may cause enforcement measures to be initiated as prescribed herein.

(Ord. No. 2000, Sec. 3; 3-14-90.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.06.170 (Repealed by Ord. No. 1781; 12-16-80.)

Section 34.06.175 (Repealed by Ord. No. 1781; 12-16-80.)

Section 34.06.180 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.06.190 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.06.200 (Repealed by Ord. No. 1484-A; 9-5-72.)

Section 34.06.205 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.06.210 (Repealed by Ord. No. 1471; 6-20-72.)

Section 34.06.215 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.06.220 (Repealed by Ord. No. 1601; 11-18-75.)

Section 34.06.230 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.06.240 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.06.250 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.06.260 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.06.270 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.06.280 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.06.290 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.06.300 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.06.310 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.06.320 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.06.330 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.06.340 (Repealed by Ord. No. 1856; 12-28-82.)

Article 34.08 Nuisances.

Section 34.08.400 Public Nuisance Defined.

A public nuisance is:

1. Any condition or use of property which causes or tends to cause detriment or injury to the public health, safety or welfare; or

2. Any condition specified in LOC 34.10.500 to 34.12.600; or

3. Any condition defined as a nuisance by any Lake Oswego Code provision.

(Ord. No. 1856, Sec. 1; 12-28-82.)

Section 34.08.405 Nuisance Abatement.

1. Whenever it comes to the attention of the City Manager that any nuisance, as defined in LOC 34.08.400, exists in the City, the City Manager may cause abatement proceedings to be initiated.

2. If the City Manager determines that a nuisance exists, a notice shall be sent to the occupant of the property where the nuisance exists and in case there is no such occupant or the occupant is not the property owner, then notice shall also be sent to the property owner or its agent.

The notice(s) may be personally served or sent by registered or certified mail, postage prepaid, return receipt requested to the person(s) responsible. A notice mailed to the property owner shall be sent to the last known address as shown on the county property tax assessment records.

3. The City Manager shall cause a notice to be posted on the premises where the nuisance exists.

4. The notice to abate shall contain:

a. A description of the real property on which the nuisance exists by street address or otherwise. This condition is satisfied if the notice describes the adjoining or nearby property as affected by such nuisance.

b. A description of the nuisance.

c. A direction to abate the nuisance within a specified period of time but in no event longer than 30 days from the date of the notice.

d. A statement that the responsible person or property owner may appeal the City Manager's decision of the existence of the nuisance by giving written notice to the City Recorder within 10 days from the date of the notice.

e. A statement that unless the nuisance is removed, the City may remove or abate the nuisance and charge the responsible party with the cost of abatement as specified in LOC 34.08.421 and may place a lien on the property on which the nuisance exists in the amount of the costs incurred by the City for the abatement.

5. Upon completion of the posting and mailing, the person posting and mailing the notice shall cause to be executed and filed a certificate stating the date of service and posting and the manner of service.

6. An error in the name or address of the owner, occupant or person responsible or the use of a name other than that of the owner, occupant or person responsible shall not make the notice void. So long as it can be shown the owner or responsible party had actual knowledge of the condition constituting a nuisance, the posted notice shall be sufficient.

(Ord. No. 1856, Sec. 1; 12-28-82.)

Section 34.08.410 (Repealed by Ord. No. 1856, Sec. 1; 12-28-82.)

Section 34.08.411 Abatement by Person Responsible.

1. Within the time specified after the posting and service of the notice as provided in LOC 34.08.405, the person responsible shall remove the nuisance or appeal the City Manager's decision that a nuisance exists.

2. A person responsible, who wishes to appeal the City Manager's decision that a nuisance exists, shall file with the City Recorder, within 10 days of the date of the notice, a written statement which shall specify the basis for the appeal.

3. The matter shall be referred to the City Council as a part of the Council's regular proceedings. Further abatement action by the City shall be stayed until the Council disposes of the appeal. Prior to such meeting the City Manager may notify any interested person or organization of the matter before the Council. At the time set for consideration, the person appealing and any other interested person or organization may appear and be heard by the Council. The Council shall then determine whether the condition constitutes a nuisance.

4. If the person responsible fails or refuses to remove the nuisance or to appeal the City Manager's decision that a nuisance exists within the time specified, the determination by the City Manager of whether the nuisance exists becomes final.

5. If it is determined that a nuisance in fact exists, then the responsible party shall remove or abate the nuisance within 30 days of the original notice to abate or in the case of an appeal to the Council within 10 days from the date the Council decides the matter.

(Ord. No. 1856, Sec. 1; 12-28-82.)

Section 34.08.415 Abatement by the City.

1. In the event of the failure, refusal or neglect of the responsible party of any premises or property to cause a nuisance to be removed or abated, notwithstanding notice to do so as provided by LOC 34.08.405, the City Manager may cause the nuisance to be abated by the City.

2. The officer charged with abatement or removal of the nuisance shall have the right at reasonable times to enter into or upon property to investigate or cause the removal of the nuisance. Should the property owner or occupant refuse consent to enter upon the premises the officer may seek a search warrant for investigation and abatement purposes.

3. The City Manager shall keep an accurate record of the expenses or costs incurred by the City in abating or removing the nuisance.

(Ord. No. 1856, Sec. 1; 12-28-82.)

Section 34.08.420 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.08.421 Assessment of Costs.

1. The City Manager, by registered or certified mail, postage prepaid, shall send to the owner and/or the person responsible a notice stating:

a. The total cost of abatement, including but not limited to personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs and expenses, including attorney fees, claims against the City arising as a consequence of the nuisance and procedures associated with collecting money due hereunder.

b. That the cost as indicated will be assessed to and become a lien against the property and/or chargeable and collected from the responsible party or owner unless paid within 30 days from the date of the notice of assessment.

c. That if the owner or person responsible objects to the cost of abatement as indicated, a written notice of objection shall be filed with the City Recorder not more than 10 days from the date of the notice.

2. Within the time specified after the mailing of the notice, the person responsible shall pay the assessment of costs or object to the assessment. The person responsible who objects to the assessment shall file with the City Recorder a written statement which shall specify the basis for objection to the assessment of costs. No objection shall be heard to the determination that a nuisance existed before the City's abatement or removal.

3. The matter shall be referred to the City Council as a part of the Council's regular proceedings. At the time set for consideration, the person responsible and protesting the amount of the assessment may appear and be heard. The Council shall then determine the amount of the assessment.

4. In the case where no protest is made to the amount of the assessment, or where the Council has determined the amount of the assessment, the City Manager shall file in the Lien Docket of the City, the amount of the assessment which upon such filing becomes a lien on the property. The Manager shall also maintain the record of the matter, including proof of mailing of the notice, a copy of the notice, copies of any correspondence from the person responsible and a copy of the Council minutes indicating an amount to be assessed. From the date of filing until paid the assessment of costs shall constitute a lien and encumbrance on the property, bear interest at 10% compounded per annum, or any part thereof, and may be collected in the same manner as assessments for local improvement districts prescribed by the City Code.
(Ord. No. 1856, Sec. 1; 12-28-82.)

Section 34.08.425 Remedies Not Exclusive.

The nuisance abatement procedure provided in LOC 34.08.405 through 34.08.421 is not an exclusive remedy; any other remedy provided by this chapter or State law is available unless otherwise provided. The City Manager or the appropriate official may in addition to nuisance abatement or any other proceedings initiate civil violation proceedings against the owner of property on which the condition exists or against any other person determined to be responsible for such condition. Any penalty or fine imposed for the civil violation shall be in addition to reimbursement for any abatement costs as determined under LOC 34.08.421.

(Ord. No. 1856, Sec. 1; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.08.430 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.08.431 Injunctive Relief.

Upon request of the City Manager, the City Attorney may institute an appropriate action in any court to enjoin the maintenance of any use, occupation, building or structure which is in violation of any provision of this chapter.

(Ord. No. 1856, Sec. 1; 12-28-82.)

Section 34.08.435 Summary Abatement.

A nuisance which threatens or causes immediate serious harm to the health, safety or welfare of life or property may be summarily abated by the City Manager. Where the City Manager determines that a nuisance of serious potential harm exists, such that summary abatement is judged necessary and prudent, the preabatement notice and opportunity to cure provisions of LOC 34.08.405 through 34.08.411 need not be complied with. The emergency nature of the nuisance and its immediate abatement are more important than the responsible person's right to preabatement notice and opportunity to cure. The provisions for assessment and collection of costs for removal or abatement by the City (LOC 34.08.415 and 34.08.421) shall apply in the case of summary abatement, except the person responsible may in addition to the amount of the assessment be heard on the propriety of the City Manager's determination that the summary abatement was necessary or prudent.

(Ord. No. 1856, Sec. 1; 12-28-82.)

Section 34.08.440 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.08.450 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.08.460 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.08.470 (Repealed by Ord. No. 1856; 12-28-32.)

Section 34.08.480 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.08.490 (Repealed by Ord. No. 1856; 12-28-82.)

Article 34.10 Types of Nuisance.

Section 34.10.500 Attractive Nuisance.

It shall be unlawful for any owner, lessee, occupant or any person having control, custody or management of any premises to permit to remain unguarded or unsafe upon such premises, any abandoned or discarded item, or any item which is non-functional for its intended purpose, or unused objects or equipment, such as automobiles, furniture, stoves, refrigerators, freezers, cans, containers or any other device having the characteristics of an attractive nuisance or which is liable to attract children. It shall be unlawful for any such owner, lessee, occupant or person having control, custody or management of any such premises to permit to remain unguarded or unsafe upon such premises, any pit, quarry, cistern, well or other excavation. A violation of this section is a civil violation and a public nuisance.

(Ord. No. 1856, Sec. 1; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.10.510 Sidewalks and Streets to be Kept Free From Debris and Overhanging Brush and Limbs.

Property owners or users shall keep the sidewalks and streets abutting their property free from earth, rock, yard clippings, and other debris and from projecting or overhanging bushes, brush and limbs that may obstruct or render unsafe the passage of persons or vehicles. Limbs, branches, leaves and other vegetative growth shall not under any circumstances be allowed to project an elevation of less than nine (9) feet above the level of the sidewalk. A violation of this section is a civil violation and a public nuisance.

(Ord. No. 153, Sec. 2; 6-15-26. Ord. No. 1856, Sec. 2; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.10.520 Periodic Brush Cutting Required; Exceptions.

Property owners, lessees, occupants, persons in possession or control of property and all such responsible persons shall cut and remove from their property all weeds, thistles, noxious vegetation, all dead bushes, dead trees, stumps, and any growth of an inflammable nature and all grass or weeds more than ten (10) inches in height. Any person in possession or control of real property shall further be responsible for trimming away from any property line to a distance of ten (10) feet all blackberry vines or plant material which characteristically spreads under or around barriers intended to prevent intrusion. A violation of this section is a civil violation and a public nuisance.

(Ord. No. 153, Sec. 3; 6-15-26. Ord. No. 1233, Sec. 1; 8-6-68. Ord. No. 1856, Sec. 3; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.10.525 Maintaining Inoperable Vehicles on Private Property Prohibited.

It shall be unlawful for any person to maintain any inoperable vehicle on private property for a period of time in excess of one month. For the purposes of this chapter an inoperable vehicle is defined as any vehicle which does not display a current state vehicle license and/or tags or which cannot be moved without being either repaired or dismantled or which is no longer safely usable for the purposes for which it was manufactured. This definition shall not include any vehicle kept in a building when not in use or any vehicles kept on the premises of a business lawfully engaged in wrecking, junking or repair of vehicles. Any owner of an inoperable vehicle or any person maintaining such a vehicle on premises under his control for a period of time in excess of one month shall be liable to abatement proceedings by the City as maintaining a public nuisance. Repeated violation of this section is also declared to be a public nuisance. For purposes of this section, "repeated violation" means that an individual or corporate entity has been convicted of violating this section two or more times within a five year period. It is no defense to the "repeated violation" allegation that different vehicles or properties were involved. The City may seek an injunction pursuant to LOC 34.08.431 against repeated violators in order to permanently enjoin maintenance of inoperable vehicles in violation of this section. A violation of this section is a civil violation and a public nuisance.

(Ord. No. 1459, 3-21-72. Ord. No. 1856, Sec. 4; 12-28-82. Ord. No. 2056, Sec. 1; 05-19-92. Ord. No. 2125, Amended, 09-19-95.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.10.530 Public Nuisances; Composting Excepted.

1. Persons in possession or control of real property shall at all times maintain such property free from growth or material which may harbor or attract vermin or insects or aid in the spread of disease, or which may be offensive or unsightly to the community in which the property is located. Property not maintained free of such growth or material shall be considered and deemed a public nuisance. Without limitation upon the foregoing, the existence or maintenance of any of the following upon real property shall be a public nuisance: stagnant water, filth, dung (except manure used as fertilizer), rubbish, refuse, junk, noxious vegetation, garbage, scrap or waste materials. A violation of this section is a civil violation and a public nuisance.

2. It shall not be a public nuisance pursuant to subsection (1) of this section for persons in possession or control of real property to engage in composting on such property. For the purpose of this subsection:

a. "Composting" means a controlled biological decay of compost material where moisture, heat, bacteria, earthworms and micro-organisms found in nature transform compost material into compost in a manner which does not create offensive odors or a health hazard.

b. "Compost" means the end product resulting from the composting of the compost material commonly known as humus or soil amendments.

c. "Compost material" means organic wastes, such as yard waste, leaves, grass clippings, sod, vegetable and fruit waste, dust, wood ashes, manure and other organic wastes.

(Ord. No. 1233, Sec. 3; 8-6-68. Ord. No. 1249, Sec. 1; 8-6-68. Ord. No. 1397, Sec. 1; 9-15-70. Ord. No. 1856, Sec. 5; 12-28-82. Ord. No. 2068, Sec. 1; 10-06-92.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.10.535 Sidewalks to be Kept Clear of Water, Snow, Debris, Etc.

It shall be unlawful for the owner, lessee or occupant of any building or structure to permit water, ice or snow to fall from any such building or structure upon any street or sidewalk, to flow across any such street or sidewalk or to collect upon any sidewalk. Every such owner, lessee or occupant shall at all times keep and maintain in a proper state of repair adequate drain pipes or a drainage system sufficient to carry to the sewer, gutter, drywell or drainage ditch any overflow water accumulating on the roof or about such building. A violation of this section is a civil violation and a public nuisance.

(Ord. No. 1856, Sec. 6; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.10.536 Repealed. (Ord. No. 2100, Repealed, 08/01/94)

Section 34.10.537 Loud, Disturbing or Unnecessary Noise.

It shall be 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 at any time of day.

(Ord. No. 1856, Sec. 6; 12-28-82. Ord. No. 2009, Sec. 1; 6-19-90. Ord. No. 2145, Amended, 02/18/97)

(Ord. 2397, Amended, 09/07/2004, Prior Text; Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.10.539 Specific Noise Prohibitions.

1. It shall be unlawful for any person to commit, create, assist in creating, permit, continue or permit the continuance of any of the following:

a. The keeping of any animal that by frequent or continued noise disturbs the comfort and repose of any person in the vicinity.

b. The sounding of any horn or signal device on any automobile, motorcycle or other vehicle on any street, except as necessary warning of danger to property or person or as permitted to be used by authorized emergency vehicles.

c. The use of any mechanical device, operated by compressed air, steam, gasoline or otherwise, unless the noise created thereby is effectively muffled.

d. The erection, excavation, demolition, alteration or repair of any building or structure at any time other than during the following hours, except by special permit granted by the City Manager:

i. Between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday in residential zones, or Monday through Saturday in other than residential zones;

ii. Between the hours of 8:00 a.m. and 6:00 p.m. on Saturday in residential zones;

iii. Between the hours of 10:00 a.m. and 6:00 p.m. on Sunday and the following holidays, if such work does not require a permit under Chapter 45 of this Code:

A. New Years Day (January 1);

B. Labor Day (the first Monday in September);

C. Thanksgiving Day (the fourth Thursday in November);

D. Christmas Day (December 25);

E. Monday, when New Years Day or Christmas Day falls on the preceding Sunday; and

F. Friday, when New Years Day or Christmas Day falls on the succeeding Saturday.

Absent a special permit granted by the City Manager, performance of such work at any time on Sunday or on any of the holidays listed in subsection 1 (d)(iii) A through F of this section shall violate this section if the work is of a type that requires a permit under Chapter 45 of this Code.

e. In residential zones, the use or operation, by persons engaged in construction activity that requires a permit under Chapter 45 of this Code, of any device designed for sound production or reproduction so as to be plainly audible off the premises where the construction activity occurs. As used in this subsection (e), "construction activity" shall mean the erection, excavation, demolition or repair of any building or structure.

f. The use or operation of any gong or siren upon any vehicle other than police, fire or other authorized emergency vehicle.

g. The use or operation of any device designed for sound production or reproduction, including, but not limited to, any radio, television set, musical instrument, stereophonic equipment, loud speaker, sound production or reproduction device, bell, drum or chime between the hours of 10:00 p.m. and 7:00 a.m., so as to be plainly audible within any dwelling unit that is not the source of the sound.

h. The gathering of any number of persons upon premises, whether public or private, and the creation of noise from the collective voices of such persons between the hours of 10:00 p.m. and 7:00 a.m. that is plainly audible within any dwelling unit that is not the source of the sound. Before a violation of this section is enforced the person or persons who creates or assists in creating the noise shall be warned or requested by any person, either in writing or orally to cease, reduce or otherwise bring down the level of sound.

2. The prohibitions described in subsection 1 of this section are separate and distinct from the prohibitions described in LOC 34.10.537. For example, noise that does not occur within a parameter (such as time of day, date or frequency) described in subsection 1 of this section may nevertheless be unlawful if the noise violates LOC 34.10.537.

3. A violation of this section is a civil violation and a public nuisance.

(Ord. 2461, Amended, 06/06/2006, Prior Text; Ord. 2430, Amended, 09/06/2005, Prior Text; Ord. 2425, Amended, 08/10/2005, Prior Text; Ord. 2425, Amended, 08/02/2005, Prior Text; Ord. 2397, Add, 09/07/2004)

Section 34.10.540 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.10.550 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.10.552 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.10.560 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.10.570 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.10.580 (Repealed by Ord. No. 1856; 12-28-82.)

Section 34.10.582 (Repealed.by Ord. No. 1859; 02-08-83.)

Article 34.11 Liability.

Section 34.11.599 Liability.

The City of Lake Oswego shall not be liable to any person for any loss or injury to person or property growing out of any casualty or accident happening to such person or property on account of a property owner, lessee or occupant of property who fails or neglects to promptly comply with the duties imposed by this chapter. Any owner, lessee or occupant of property who fails or neglects to promptly comply with the provisions of this chapter shall be answerable to any such person injured by such failure or neglect for any and all damages, which could be recovered in an action at law. If any property owner, lessee or occupant by his or her failure or neglect to perform any duty required of him or her by the terms of this chapter contributes in causing injury or damages, they shall reimburse the City for all damages or injury it has sustained or has been compelled to pay in such case, including but not limited to reasonable attorneys fees for the defense of same and such payments may be enforced in any court having jurisdiction.

(Ord. No. 1856, Sec. 6; 12-28-82).

Article 34.12 Parks.

Section 34.12.600 Park Offenses.

Unless otherwise indicated, the park rules and offenses apply to all park and recreation property within the City of Lake Oswego and along the Willamette River regardless of the extent to which such park has been altered or improved. A violation of park rules as now or hereafter constituted is declared a civil violation and may be enforced in accordance with the City's civil violation procedure.

(Ord. No. 1856, Sec. 7; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.12.610 Riding Over Footbridge Prohibited.

It shall be unlawful for any person to ride a horse, motorcycle, or motorscooter onto the footbridge over Oswego Creek in the City park.

(Ord. No. 744, Sec. 1; 2-7-61.)

Section 34.12.611 Hours Park May Be Used; Exception.

It is unlawful and a civil violation for any person to use, occupy, park a vehicle or otherwise remain upon park property between 10:00 p.m. and 6:00 a.m., unless a permit for use at such times shall have been obtained from the City Manager.

(Ord. No. 1856, Sec. 8; 12-28-82.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.12.612 Firearms in Park Prohibited.

It shall be unlawful to carry into or possess in the City park any firearm.

(Ord. No. 389, Sec. 2; 7-5-49. Ord. No. 1856, Sec. 9; 12-28-82.)

Section 34.12.613 Jumping or Diving from Footbridge Prohibited.

It shall be unlawful for any person to jump or dive from the footbridge over Oswego Creek in the George Rogers Memorial Park.

(Ord. No. 938, Sec. 1; 6-25-63. Ord. No. 1856, Sec. 9; 12-28-82.)

Section 34.12.614 Establishment of Golf Course Rates.

The rate of charges to be imposed for use of the facilities at the Municipal Golf Course and Driving Range shall be established and may from time to time be amended by the City Council, by resolution.

(Ord. No. 1437, Sec. 1; 7-6-71. Ord. No. 1856, Sec. 9; 12-28-82.)

Section 34.12.615 Golf Course Regulations.

The City Council may establish, and from time to time may amend by resolution, uniform rules of play governing the use of the facilities of the Municipal Golf Course and Driving Range. Said rules and regulations shall be formulated in order to provide for the reasonable use and enjoyment of the facilities by the public, to prevent damage to the facilities, to provide for the safety of persons using the facilities, and to provide for the orderly administration thereof. Such regulations shall be posted in the clubhouse and may be posted in other conspicuous places at the golf course facilities. Persons using the golf course or driving range facilities shall obey such regulations and upon breach thereof may be expelled from the facilities and may be barred from future use thereof by the City employees responsible for the operation of the facilities.

(Ord. No. 1437, Sec. 1; 7-6-71. Ord. No. 1856, Sec. 9; 12-28-82.)

Section 34.12.616 Offenses.

It shall be unlawful for any persons to use or attempt to use the facilities of the Municipal Golf Course or Municipal Driving Range without first having paid the prescribed fee for such use. It shall be unlawful for any person, except employees and officers in the City in the performance of their duties, to trespass upon the Municipal Golf Course or Driving Range, or to use said facilities for any purpose other than golfing without the prior consent of the City. It shall be unlawful for any person to intentionally damage the Municipal Golf Course or Driving Range or any of the property thereon. It shall be unlawful for any person to remain upon the golf course premises after having been notified by a duly authorized City employee to leave the premises for breach of any rule or regulation pertaining to the use of the facilities.

(Ord. No. 1437, Sec. 1; 7-6-71. Ord. No. 1856, Sec. 9; 12-28-82.)

Section 34.12.617 City Council to Establish Park Rules.

The City Council may establish, and from time to time may amend, by resolution, reasonable rules governing the use of City park and recreation facilities. Said rules and regulations shall be formulated in order to provide for the reasonable use and enjoyment of the facilities by the public, to prevent damage to the facilities, to provide for the safety of persons using the facilities, to provide for the orderly administration of park and recreation facilities, and to protect the City from unnecessary liability or expense in connection therewith.

(Ord. No. 1443, Sec. 1; 10-19-71. Ord. No. 1856, Sec. 9; 12-28-82.)

Section 34.12.618 Regulations Available to Public.

Such regulations shall be filed with the City Recorder and available for public inspection at any time. Additional copies of the rules and regulations, or portions thereof, may be distributed by the recreation department or posted at the park and recreation facilities. Persons using the park and recreation facilities of the City shall obey such regulations and upon breach thereof may be expelled from the facilities and may be barred from the future use thereof by the City employees responsible for the operation of the facilities.

(Ord. No. 1443, Sec. 2; 10-19-71. Ord. No. 1856, Sec. 9; 12-28-82.)

Section 34.12.619 Existing Park Ordinances not Repealed.

LOC 34.12.617 to 34.12.620 is not intended to repeal existing ordinances of the City governing the use of park and recreation facilities or prohibiting certain conduct therein. The regulations adopted by the Council pursuant to LOC 34.12.617 to 34.12.620 shall be consistent with other ordinances of the City.

(Ord. No. 1443, Sec. 3; 10-19-71. Ord. No. 1856, Sec. 9; 12-28-82.)

Section 34.12.620 Unlawful to Violate Rules.

It shall be unlawful for any person to remain upon park or recreation facilities after having been notified by duly authorized City employee to leave the premises for breach of any rule or regulation pertaining to the use of said facilities. It shall be unlawful for any person to continue to violate any rule or regulation pertaining to the use of park and recreation facilities, or to repeat such violation, after (a) having been personally notified of the existence of such regulation, or (b) if such regulation is conspicuously posted at the facility where the violation occurs.

(Ord. No. 1443, Sec. 4; 10-19-71. Ord. No. 1856, Sec. 9; 12-28-82.)

Section 34.12.630 (Renumbered 34.12.612. Ord. No. 1856, Sec. 9; 12-28-82.)

Section 34.12.640 (Renumbered 34.12.613. Ord. No. 1856, Sec. 9; 12-28-82.)

Section 34.12.650 (Renumbered 34.12.614. Ord. No. 1856, Sec. 9; 12-28-82.)

Section 34.12.660 (Renumbered 34.12.615. Ord. No. 1856, Sec. 9; 12-28-82.)

Section 34.12.670 (Renumbered 34.12.616. Ord. No. 1856, Sec. 9; 12-28-82.)

Section 34.12.700 (Renumbered 34.12.617. Ord. No. 1856, Sec. 9; 12-28-82.)

Section 34.12.710 (Renumbered 34.12.618. Ord. No. 1856, Sec. 9; 12-28-82.)

Section 34.12.720 (Renumbered 34.12.619. Ord. No. 1856, Sec. 9; 12-28-82.)

Section 34.12.730 (Renumbered 34.12.620. Ord. No. 1856, Sec. 9; 12-28-82.)

Article 34.14 Gambling.

Section 34.14.800 Definitions.

As used in LOC 34.14.800 to 34.14.900, unless the context requires otherwise:

Bingo or lotto means a game, played with cards bearing lines of numbers, in which a player covers or uncovers a number selected from a container, and which is won by a player who is present during the game and who first covers or uncovers the selected numbers in a designated combination, sequence or pattern.

Bookmaking means promoting gambling by unlawfully accepting bets from members of the public as a business, rather than in a casual or personal fashion, upon the outcomes of future contingent events.

Charitable, fraternal or religious organization means any person organized and existing for charitable, benevolent, eleemosynary, humane, patriotic, religious, philanthropic, recreational, social, educational, civic, fraternal or other non-profit purposes, and who is also exempt from payment of federal income taxes because of the organization's charitable, fraternal or religious purposes. The fact that contributions to an organization profiting from the contest do not qualify for charitable deductions for tax purposes or that the organization is not otherwise exempt from payment of federal income taxes, pursuant to the Internal Revenue Code of 1954, as amended, constitutes prima facie evidence that the organization is not a bona fide charitable, fraternal or religious organization.

Contest of chance means any contest, game, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.

Gambling means that a person stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under the control or influence of the person, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Gambling does not include:

1. Bona fide business transactions valid under the law of contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including but not limited to contracts of indemnity or guaranty and life, health and accident insurance.

2. Engaging in contests of chance under the following conditions:

a. The contest is played for some token other than money;

b. An individual contestant may not purchase more than $10 worth of tokens for use in the contest during any 24-hour period;

c. The tokens may be exchanged only for property other than money;

d. Except when the tokens are exchanged for a beverage or merchandise to be consumed on the premises, the tokens are not redeemable on the premises where the contest is conducted or within 50 miles thereof; and

e. Except for charitable, fraternal or religious organizations, no person who conducts the contest as owner, agent or employee directly profits from operation of the contest.

3. Social games.

4. Bingo, lotto, or a Monte Carlo event operated in compliance with ORS 465.100(2) and LOC 34.14.820.

5. Lawful raffles conducted pursuant to a license issued by the State of Oregon under ORS 464.250 to 464.390.

Lottery or policy means an unlawful gambling scheme in which:

1. The players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other medium, one or more of which chances are to be designated the winning ones; and

2. The winning chances are to be determined by a drawing, or by some other method; and

3. The holders of the winning chances are to receive something of value.

Monte Carlo Event means a gambling event at which wagers are placed with imitation money upon contests of chance in which players compete against the house. As used in this subsection, "imitation money" includes imitation currency, chips or tokens.

Player means a person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity. A person who gambles at a social game of chance on equal terms with the other participants therein is a person who does not otherwise render material assistance to the establishment, conduct or operation thereof by performing, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises therefor and supplying cards or other equipment used therein. A person who engages in bookmaking is not a player.

Raffle means a form of a lottery in which each participant buys a ticket for an article or money designated as a prize and where the winner is determined by a random drawing. A raffle includes the elements of consideration, chance and a prize. Consideration is presumed to be present unless it is clearly and conspicuously disclosed to prospective participants by the operators that tickets to the drawing may be acquired without contributing something of economic value.

Social game means:

1. A game, other than a lottery, between players in a private home where no house player, house bank or house odds exist and there is no house income from the operation of the social game; and

2. A game, other than a lottery, between players in a charitable, fraternal or religious organization where no house player, house bank or house odds exist, there is no house income from the operation of the social game and where players are limited to members in good standing of such organizations and the spouses or guests of such members.

Something of value means any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein.

Unlawful means not specifically authorized by law.

(Ord. No. 1781, Sec. 1; 12-16-80. Ord. No. 1959, Secs. 1, 2; 2-17-88. Ord. No. 2161, Amended, 12-16-97)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.14.810 Licensing of Social Games; Revocation; Appeal.

1. A social game in any place, other than a private residence, is unlawful unless conducted pursuant to a valid license issued under this section.

2. An application to the City to conduct social games shall not be approved unless:

a. The applicant is a charitable, fraternal or religious organization which has existed and operated with its principal place of business within the City of Lake Oswego for at least three years prior to the date of application.

b. The applicant agrees to permit immediate access for City inspection of the premises at any time during a game without notification to the licensee.

c. The application includes all information deemed by the City to be proper and necessary to determine if the application and the social games promoted or conducted pursuant thereto conform to the requirements of this chapter.

d. The applicant pays an application fee as established by the City Council.

3. An application may be approved upon any condition the City deems proper and necessary to ensure compliance with the requirements of this chapter.

4. Licenses issued under this section shall be for a period of one year only. Any licensee may reapply for a new license not more than 60 days prior to the expiration date of the existing license.

(Ord. No. 1781, Sec. 2; 12-16-80.)

Section 34.14.820 Licensing of Bingo, Lotto, or a Monte Carlo Event.

1. Bingo, lotto, or a Monte Carlo Event is unlawful at any place unless conducted pursuant to a valid license issued under this section.

2. An application to the City to conduct bingo, lotto, or a Monte Carlo Event shall not be approved unless:

a. The applicant is a charitable, fraternal or religious organization that:

i. complies with ORS 464.430; and

ii. has existed and operated with its principal place of business within the City of Lake Oswego for three years prior to the date of application.

b. The applicant agrees to permit immediate access for City inspection of the premises at any time during a game without notification to the licensee.

c. The applicant shall include all information deemed by the City to be proper and necessary to determine if the application for bingo, lotto, or Monte Carlo Event games conducted pursuant thereto conform to the requirements of this chapter.

d. The applicant pays an application fee as established by the City Council.

3. An application may be approved upon any condition the City deems proper and necessary to ensure compliance with the requirements of this chapter.

4. A license issued under this section shall be for a period of one year only. Any licensee may reapply for a new license not more than 60 days prior to the expiration date of the existing license.

5. No person who conducts the contest, other than a charitable, fraternal or religious organization or a player, may directly profit from the operation of a game bingo, lotto, or a Monte Carlo Event.

(Ord. No. 1781, Sec. 3; 12-16-80. Ord. No. 2161, Amended, 12-16-97)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.14.821 Raffles.

It is lawful in the City of Lake Oswego to conduct a raffle after having obtained a license for such activity from the State of Oregon so long as the raffle is conducted in compliance with all applicable legal requirements.

(Ord. No. 1959, Sec. 3; 2-17-88. Editorial change 4-20-89.)

Section 34.14.830 License Revocation; Appeal of Revocation or Denial.

1. A license issued under this chapter may be revoked upon reasonable notice and opportunity to be heard, if

a. The licensee, or any agent or employee of the licensee, violates any federal or state gambling laws, of any provision of this chapter; or

b. The licensee has made any false, misleading or otherwise not fully truthful statement in the application; or

c. Facts exist that if the licensee were applying for a license under this section such application would be denied; or

d. The licensee or any agent or employee of the licensee fails to comply with any of the terms or conditions of the license.

2. Any licensee that has had a license issued under this section revoked shall be ineligible to apply for a new license for a period of five years.

3. Revocation of any license under this section shall be in addition to any other penalties which may be imposed.

4. Denial of an application or revocation of a license may be appealed to the City Council within 10 days of such denial or revocation.

(Ord. No. 1781, Sec. 4; 12-16-80.)

Section 34.14.840 Right to Amend or Repeal.

The City expressly reserves the right to amend or repeal any or all sections of LOC 34.14.800 to 34.14.900 at any time. The provisions of LOC 34.14.800 to 34.14.900 create no vested rights. Any amendment or repeal of LOC 34.14.800 to 34.14.900 shall be effective immediately upon all existing licenses. If, because of any such amendment or repeal, any license is no longer authorized under this section, the City may refund the prorated portion of the license fee for that part of the license year which will not be used.

(Ord. No. 1781, Sec. 5; 12-16-80.)

Section 34.14.900 Penalties for Gambling Violations.

Violation of LOC 34.14.810, 34.14.820 and 34.14.821 is punishable as a civil violation. Knowingly submitting an application for a license which is false is a violation and punishable as a civil violation.

(Ord. No. 1781, Sec. 6; 12-16-80. Ord. No. 1856, Sec. 10; 12-28-82. Ord. No. 1959; Sec. 4; 2-17-88.)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Article 34.16 Solicitation.

Section 34.16.910 Definition.

For the purposes of LOC 34.16.910 to 34.16.950 the terms "solicit" and "solicitation" shall mean the entry onto real property used for residential purposes by a person for the purpose of communicating with an occupant of the property, whether the communication is verbal, visual or in writing.

(Ord. No. 1954, Sec. 2; 12-1-87.)

Section 34.16.915 Prohibited Acts, Penalties.

1. It is unlawful for any person to:

a. Solicit before 9:00 a.m. or after 9:00 p.m. when the local time is daylight savings time or after 8:00 p.m. when the local time is standard time, without the consent of the occupant to do so.

b. Allow, suffer or permit any person soliciting on their behalf or under their direction to commit any act prohibited by this section.

c. Leave written materials upon real property where a sign conforming to the requirements of LOC 34.16.945 is posted.

d. Solicit upon real property where a sign conforming to the requirements of LOC 34.16.945 is posted.

2. Violation of (1)(a), (b), or (c) of this section is punishable as a civil violation.

3. Violation of (1)(d) of this section is punishable as a criminal trespass in the second degree, pursuant to LOC 34.02.035(11).

(Ord. 1954, Sec. 2; 12-1-87. Ord. No. 2111, Amended, 12-20-94)

(Ord. 2231, Amended, 03/21/2000, Prior Text)

Section 34.16.920 Consent to Enter Onto Real Property, Exemptions.

1. It shall be an affirmative defense to an alleged violation of LOC 34.16.915(1)(a), (c) or (d) that the person charged with the violation or crime had received actual or constrictive consent of the occupant prior to entering the real property. Constructive consent to enter real property may be implied from the circumstances of each instance, the relationship of the parties and actual or implied contractual relationships.

2. The occupant of real property shall be considered to have given constructive consent to enter real property for the purpose of solicitation between the hours of 9 a.m. and 9 p.m., when the local time is daylight savings time or between 9:00 a.m. and 8:00 p.m., when the local time is standard time, if they have not posted a "No Solicitation" sign, pursuant to LOC 34.16.945.

3. Nothing in this section shall be construed to authorize the entry into a structure located on real property. The right to enter any structure must be otherwise provided for by law.

4. Officers, employees or agents of a governmental entity while performing activities within the scope of their office, employment or agency are exempt from the requirements of LOC 34.16.910 - 34.16.950.

5. No person may be charged with a violation of any subsection of LOC 34.16.915(1) in connection with an act committed between 4:00 p.m. and 9:00 p.m. on each October 31st.

(Ord. No. 1954, Sec. 2; 12-1-87. Ord. No. 1958, Sec. 1; 2-2-88. Ord. No. 2111, Amended, 12/20/94; Ord. No. 2125, Amended, 09/19/95)

Section 34.16.925 Repealed.

(Ord. No. 2111, Repealed, 12/20/94)

Section 34.16.930 Repealed.

(Ord. No. 2111, Repealed, 12/20/94)

Section 34.16.935 Repealed.

(Ord. No. 2111, Repealed, 12/20/94)

Section 34.16.940 Repealed.

(Ord. No. 2111, Repealed, 12/20/94)

Section 34.16.945 No Solicitation Sign.

1. If an occupant of real property chooses to not invite solicitors onto their property the occupant may post a "No Solicitation" sign pursuant to this section. The effect of the posting of such a sign is to express the refusal of the occupant to grant consent to any person to enter their real property to solicit, except to those persons exempt from these provisions by LOC 34.16.920(4) and (5).

2. Signs posted pursuant to this section shall be posted on or near the boundaries of the property at the normal points of entry, and,

a. Signs must be no smaller than 6" in height by 8" in width; and,

b. Signs must contain the words "No Solicitation" and the reference "LOC 34.16.915" in characters no less than 1/2" in height.

For real property possessing no apparent barriers to entry at the boundaries of the property which limit access to the primary entrance of a structure located on the property, placement of the sign at the primary entrance to the structure constitutes compliance with this section.

(Ord. No. 1954, Sec. 2; 12-1-87.)

Section 34.16.950 Evidentiary Matters.

It shall be prima facie evidence of a violation of LOC 34.16.915(1)(c) if written material is found on real property upon which a sign conforming to the requirements of LOC 34.16.945 has been posted. The person responsible for such written material shall be the person identified in the written material as its proponent, sponsor, distributor or potential beneficiary of the communication conveyed.

(Ord. No. 1954, Sec. 2; 12-1-87. Ord. No. 2111, Amended, 12/20/94)

Article 34.18 Smoke-Free Workplaces.

Section 34.18.100 Definitions.

For the purpose of Article 34.18, the following definitions shall apply unless the context requires a different meaning.

Employee. Any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services to a non-profit entity.

Employer. Any person or entity who employs the services of one or more individuals.

Enclosed Area. All space between a floor and a ceiling that is enclosed on all sides by solid walls or windows (exclusive of door or passageways) that extend from the floor to the ceiling, including all space therein screened by partitions that do not extend to the ceiling or are not solid, such as “office landscaping” or similar structures. Enclosed areas do not include breakrooms designated for smoking (smoking room) by employers if the following conditions are met:

1. The smoking room is not accessible to minors.

2. Air from the smoking room is exhausted directly to the outside by an exhaust fan and not recirculated to other parts of the building.

3. The smoking room is in compliance with ventilation standards established by resolution of the City Council.

4. The smoking room is located in a non-work area where no one, as part of his or her work responsibilities, is required to enter. For purposes of this paragraph, “work responsibilities” does not include custodial or maintenance work carried out in the smoking room when it is unoccupied.

5. There are sufficient nonsmoking breakrooms to accommodate nonsmokers.

Place of Employment. Any enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and rest rooms, conference and class rooms, cafeterias and hallways. A private residence is not a “place of employment” unless it is used as a childcare facility as defined in ORS 657A.250, an adult day care facility as defined in ORS 410.490 or a health care facility as defined in ORS 442.015.

Retail Tobacco Store. A retail store utilized primarily for the sale of tobacco products and accessories and where the sale of other products is secondary.

Smoking. Any inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, weed, plant, other tobacco product, or tobacco-like product or substances, in any manner or in any form.

Tobacco Product. Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco or any other form of tobacco which may be utilized for smoking, inhalation, or other means of ingestion.

(Ord. 2287, Add, 01/23/2001)

Section 34.18.105 Smoking Prohibited in Places of Employment.

1. Smoking is prohibited in all places of employment.

2. No employer shall permit smoking by any person in a place of employment.

(Ord. 2287, Add, 01/23/2001)

Section 34.18.110 Places Where Smoking is Not Regulated.

Notwithstanding any other provision of this section to the contrary, the following areas shall not be subject to any smoking restrictions contained within this subchapter:

1. Private residences, unless the private residence is used as a child care facility as defined in ORS 657A.250, an adult day care facility as defined in ORS 410.490 or a health care facility as defined in ORS 442.015.

2. Rented motel or hotel rooms that are designated in some manner as smoking-allowed rooms by the owners of the establishment renting the rooms.

3. Private rooms rented for an occupancy that exceeds one month and that are not located in a private residence used as a childcare, adult day care or health facility.

4. Any facility or facility area licensed by the Oregon Liquor Control Commission to serve alcohol by the drink for consumption on the premises that is posted to prohibit the presence of minors. For facilities or areas with postings that allow the presence of minors at specified times, smoking may occur only during those times when minors are prohibited. This subsection shall not apply to the bar portion of bar and restaurant combinations unless the bar is separated from the restaurant by solid floor to ceiling walls with solid doors hung in doorways and has a functioning ventilation system that does not permit tobacco smoke to enter the restaurant section.

5. Retail tobacco stores.

(Ord. 2287, Add, 01/23/2001)

Section 34.18.115 Posting "No Smoking" Signs.

“No smoking” signs or the international “no smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a circle with a bar across the cigarette) shall be clearly, sufficiently, and conspicuously posted in every building or other area where smoking is prohibited by this article, by the owner, manager, or other person having control of such building or other area, including private residences used as a child care, adult day care or health care facility.

(Ord. 2287, Add, 01/23/2001)

Section 34.18.120 Violations.

1. It shall be a civil violation for every day any employer, or any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this article, fails to comply with any provisions therein. Each day shall be a separate violation.

2. It shall be a civil violation for any person to smoke in any area where smoking is prohibited by the provisions of this article.

(Ord. 2287, Add, 01/23/2001)

Section 34.18.130 Other Laws.

This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(Ord. 2287, Add, 01/23/2001)

Section 34.18.135 Penalty.

Any person who violates this article shall be subject to the following penalties:

1. For a first violation, city staff shall provide the violator with a notice and warning, together with educational materials and a referral phone number for the Clackamas County Health Division Tobacco Program.

2. For a second violation within a 12-month period, a fine of $50 shall be imposed. However, the fine shall be suspended provided that the violator cooperates with the following remedial activities:

a. If the violator is an employer, the violator and city staff, with the assistance of the Clackamas County Tobacco Program if available, shall jointly develop a smoke-free workplace remediation plan.

b. If the violator is a person other than the employer, city staff, with the assistance of Clackamas County Tobacco Program if available, shall provide additional services and referral information designed to achieve compliance by that person.

3. For a third violation within a 12-month period, a fine of $100 shall be imposed.

4. For a fourth violation within a 12-month period, a fine of $250 shall be imposed.

5. For a fifth violation within a 12-month period, a fine of $500 shall be imposed.

(Ord. 2287, Add, 01/23/2001)

Article 34.20 Tobacco Sales.

Section 34.20.010 Definitions.

Person. All natural and legal persons, including but not limited to individuals, corporations, associations, partnerships, and societies.

Tobacco Product. Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, chewing tobacco or any other form of tobacco that may be utilized for smoking, chewing, inhalation or other means of ingestion.

Vendor–assisted sale. Circumstance where only the operator of the business, or an employee, has access to the tobacco product prior to the completion of the sale, and where the operator or employee assists the customer by physically supplying the tobacco product.

(Ord. 2287, Add, 01/23/2001)

Section 34.20.020 Vendor-assisted Sales Required.

1. No person shall engage in, permit, allow or offer the retail sale of a tobacco product by any means other than a vendor-assisted sale.

2. This section shall not apply to the dispensing of tobacco products by vending machines.

(Ord. 2287, Add, 01/23/2001)

Section 34.20.030 Retaliation Prohibited.

No person shall discharge, refuse to hire, or in any manner retaliate against any employee, applicant for employment or customer because such employee, applicant or customer reports or attempts to prosecute any violation of this article.

(Ord. 2287, Add, 01/23/2001)

Section 34.20.040 Responsibility of Owners and Operators.

A person may be found guilty of an alleged civil violation under this Article by reason of being the owner, operator, manager or person in charge of a business where the alleged violation occurs.

(Ord. 2287, Add, 01/23/2001)

Section 34.20.050 Responsibility for Sales to Minors.

A person who owns, operates, manages or is in charge of a business commits a civil violation if an employee or agent of the business violates LOC 34.02.031(9) by distributing, selling, or causing to be sold, tobacco in any form to a person less than 18 years of age.

(Ord. 2287, Add, 01/23/2001)

Section 34.20.060 Penalties.

1. A person who violates any provision of this article other than LOC 34.20.050 shall incur the following penalties:

a. For a first violation, a fine of $200.

b. For a second violation within any two-year period, a fine of $350.

c. For a third or greater violation within any two-year period, a fine of $500.

2. A person who is convicted of violating LOC 34.20.050 shall incur a fine of not less than $100, and not more than $600.

(Ord. 2287, Add, 01/23/2001)

Article 34.22 Civil Rights.

Section 34.22.010 Policy.

It is the policy of the City of Lake Oswego to eliminate discrimination based on race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation or gender identity. Such discrimination poses a threat to the health, safety and general welfare of the citizens of Lake Oswego and menaces the institutions and foundation of our community.

(Ord. 2371, Add, 01/01/2004)

Section 34.22.020 Intent.

The City Council finds that state law does not clearly prohibit discrimination on the basis of sexual orientation and gender identity. It is the intent of the Council, in the exercise of its powers for the protection of the public health, safety, and general welfare and for the maintenance of peace and good government, that every individual shall have an equal opportunity to participate fully in the life of the City and that discriminatory barriers to equal participation in employment, housing, and public accommodations be removed.

(Ord. 2371, Add, 01/01/2004)

Section 34.22.030 Definitions.

1. Sexual Orientation. Actual or supposed male or female homosexuality, heterosexuality or bisexuality.

2. Gender Identity. A person’s actual or perceived sex, including a person’s identity, appearance, expression or behavior, whether or not that identity, appearance, expression or behavior is different from that traditionally associated with the person’s sex at birth.

3. All other terms used in this ordinance are to be defined as in Oregon Revised Statutes (ORS) Chapter 659A.

(Ord. 2371, Add, 01/01/2004)

Section 34.22.040 Exceptions.

1. The prohibitions in this Article against discriminating on the basis of sexual orientation and gender identity do not apply:

a. To the leasing or renting of a room or rooms within an individual living unit which is occupied by the lessor as his or her residence;

b. To dwellings with not more than two individual living units where one of the units is owner occupied;

c. To space within a church, temple, synagogue, religious school, or other facility used primarily for religious purposes.

2. The prohibitions in this Article against discriminating on the basis of gender identity do not prohibit:

a. Health or athletic clubs or other entities that operate gender-specific facilities involving public nudity such as showers and locker rooms, from requiring an individual to document their gender or transitional status. Such documentation can include but is not limited to a court order, letter from a physician, birth certificate, passport, or driver’s license.

b. Otherwise valid employer dress codes or policies, so long as the employer provides, on a case-by-case basis, for reasonable accommodation based on the health and safety needs of persons protected on the basis of gender identity.

c. The above exceptions do not excuse a failure to provide reasonable and appropriate accommodations permitting all persons access to restrooms consistent with their expressed gender.

(Ord. 2371, Add, 01/01/2004)

Section 34.22.050 Discrimination in Employment Prohibited.

1. It shall be unlawful to discriminate in employment on the basis of an individual’s race, religion, color, sex, national origin, marital status, age (if the individual is 18 years of age or older) or disability, by committing any of the acts made unlawful under the provisions of ORS 659A.030 and 659A.112.

2. In addition, it shall be unlawful to discriminate in employment on the basis of an individual’s sexual orientation or gender identity, by committing against any such individual any of the acts already made unlawful under ORS 659A.030 when committed against the categories of persons listed therein.

(Ord. 2371, Add, 01/01/2004)

Section 34.22.060 Discrimination in Selling, Renting, or Leasing Real Property Prohibited.

1. It shall be unlawful to discriminate in selling, renting, or leasing real property on the basis of an individual’s race, religion, color, sex, national origin, marital status, familial status, source of income, or disability, by committing any of the acts made unlawful under the provisions of ORS 659A.421 and 659A.145.

2. In addition, it shall be unlawful to discriminate in selling, renting, or leasing real property on the basis of an individual’s sexual orientation or gender identity, by committing against any such individual any of the acts already made unlawful under ORS 659A.421 when committed against the categories of persons listed therein.

(Ord. 2371, Add, 01/01/2004)

Section 34.22.070 Discrimination in Places of Public Accommodation Prohibited.

1. It shall be unlawful to discriminate in public accommodations on the basis of an individual’s race, religion, color, sex, national origin, marital status, age (if the individual is 18 years of age or older) or disability, by committing any of the acts made unlawful under the provisions of ORS 659A.142, or ORS 659A.400 to 659A.409.

2. In addition, it shall be unlawful in public accommodations to discriminate on the basis of an individual’s sexual orientation or gender identity, by committing against any such individual any of the acts already made unlawful under ORS 659A.400 to 659A.409 when committed against the categories of persons listed therein.

(Ord. 2371, Add, 01/01/2004)

Section 34.22.080 Enforcement and Administration.

1. Enforcement of all or any part of this Article shall be governed by the procedures established in ORS Chapter 659A. Rules adopted by the City Manager pursuant to Section 34.22.090 of this Article may also be used to implement enforcement and administration of this Article.

2. Any person claiming to be aggrieved by violation of any provision of this Article may file a complaint with the Commissioner of the Bureau of Labor and Industries under procedures established in ORS 659A.800 et. seq.

3. The Commissioner may then proceed and shall have the same enforcement powers under this Article, and if the complaint is found to be justified the complainant shall be entitled to the same remedies, under ORS 659A.800 et. seq. as in the case of any other complaint filed under ORS 659A.820.

4. Any order issued by the Commissioner of the Bureau of Labor and Industries under this Article shall be viewed as one issued by a hearings officer employed by the City and shall be fully enforceable by the City.

5. Any person claiming to be aggrieved by an unlawful discriminatory act under the provisions of this Article shall have a cause of action in any court of competent jurisdiction for damages and such other remedies as may be appropriate. Election of remedies and other procedural issues relating to the interplay between administrative proceedings and private rights of action shall be handled as provided for in ORS 659A.870 through 659A.880. The court may grant such relief as it deems appropriate, including, but not limited to, such relief as is provided in ORS 659A.885.

(Ord. 2371, Add, 01/01/2004)

Section 34.22.090 Authority of City Manager to Adopt Rules.

1. The City Manager is hereby authorized to adopt rules, procedures and forms to assist in the implementation of the provisions of this Article.

2. Any rule adopted pursuant to this section shall require a public review process. Not less than ten nor more than thirty days before such public review process, notice shall be given by publication in a newspaper of general circulation. Such notice shall include the place, time, and purpose of the public review process and the location at which copies of the full text of the proposed rules may be obtained.

3. During the public review, the City Manager or his designee shall hear testimony or receive written comment concerning the proposed rules.

4. Unless otherwise stated, all rules shall be effective upon adoption by the City Manager and shall be filed in the office of the City Recorder.

5. Notwithstanding paragraphs 2 and 3 of this section, an interim rule may be adopted without prior notice upon a finding that failure to act promptly will result in serious prejudice to the public interest or the interest of the affected parties. The finding shall state the specific reasons for such prejudice. Any rule adopted pursuant to this paragraph shall be effective for a period of not longer than 180 days.

(Ord. 2371, Add, 01/01/2004)

Section 34.22.100 Construction.

This Article shall be broadly construed, consistent with its remedial purposes.

(Ord. 2371, Add, 01/01/2004)