Sections:
5.08.010 General
Offenses
5.08.020 Drinking in Public Places
5.08.030 Places of Amusement
5.08.040 Curfew--Prohibition of Unaccompanied or Unemancipated
Minors from Being in Public Places During Certain Hours
5.08.050 Curfew--Causes for Taking Temporary Custody of Minor:
Citation in Lieu of Custody
5.08.060 Misrepresentation of Age
5.08.070 Obstruction of Building Entrances
5.08.080 Open Cellar Doors or Grates
5.08.090 Obstruction of Fire Hydrants
5.08.100 Vending Goods on Streets or Sidewalks
5.08.110 Occult Arts
5.08.120 Offenses Outside City Limits
5.08.130
Soliciting or Confederating to Violate Regulations
5.08.140 Attempt to Commit Offenses
5.08.150 Separate Violations
5.08.160 Nuisance Abatement
5.08.170 Working Out Fine and Costs
5.08.180 Working Prisoners
5.08.190 Severability
5.08.200 Application of State Statutes
5.08.210 Violation--Penalties
5.08.010 General Offenses. Provisions of the "Oregon Criminal Code of 1971," ORS 161, 162, 163, 164, 165, 166 and 167 as the same now exists or may hereafter be amended are hereby adopted as the rules, regulations and penalties of the City of Yamhill as it may relate to general offenses generally. (Ord. 361, §1, 1985; Ord. O-430, §1(part), 1998)
5.08.020 Drinking in Public Places. No person shall drink or consume alcoholic liquor in or upon a street, alley, mall, parking lot or structure, motor vehicle, public grounds or other public place unless such place has been licensed for that purpose by the Oregon Liquor Control Commission. Violation of this Section is considered to be an "unclassified misdemeanor". (Ord. 361, §2, 1985; Ord. O-430, §1(part), 1998)
(A) No person under 18 years of age shall enter, visit, or loiter in or about a public cardroom, poolroom or billiard parlor.
(B) No person operating or assisting in the operation of a public cardroom, poolroom, billiard parlor or public place of amusement shall permit a person under 18 years of age to engage therein in any game of cards, pool, billiards, dice, darts, pinball; games of like character; or games of chance, either for amusement or otherwise.
(C) This Section shall not apply to the playing of billiards or pool in a recreational facility. As used in this Section, a "recreational facility" means an area, enclosure or room in which facilities are offered to the public to play billiards or pool for amusement only, and;
(1) Which is clean, adequately supervised, adequately lighted, and ventilated;
(2) In which no alcoholic liquor is sold or consumed; and (3) Access to which does not require passing through a room where alcoholic liquor is sold or consumed.
(D) Violation of this Section is considered to be an "unclassified misdemeanor". (Ord. 361, §3, 1985; Ord. O-430, §1(part), 1998)
5.08.040 Curfew--Prohibition of Unaccompanied or Unemancipated Minors from Being in Public Places During Certain Hours.
(A) No minors 14 years of age or younger shall be in or upon any street, highway, park, alley or other public place between the hours of 10 p.m. and 6 a.m. of the following morning, unless:
(1) Such minor is accompanied by a parent, guardian or other person 21 years of age or over and is authorized by the parent or by law to have care and custody of the minor;
(2) Such minor is then engaged in a lawful pursuit or activity which requires the presence of the minor in such public places during the hours specified in this section.
(B) No minor between the ages of 15 and 17 shall be in or upon any street, highway, park, alley or other public place between the hours of 11 p.m. and 5 a.m. of the following morning, unless:
(1) Such minor is accompanied by a parent, guardian or other person 21 years of age or over and is authorized by the parent or by law to have care and custody of the minor;
(2) Such minor is then engaged in a lawful pursuit or activity which requires the presence of the minor in such public places during the hours specified in this section; or
(3) The minor is emancipated pursuant to ORS 109.550 to 109.565. (Ord. 361, §4, 1985; Ord. 396, §1(part), 1991); Ord. O-430, §1(part), 1998)
5.08.050 Curfew--Causes for Taking Temporary Custody of Minor: Citation in Lieu of Custody. Any minor found in violation of this Chapter may be taken into temporary custody or in lieu of custody, a citation to appear in the Juvenile Court of the County may be issued pursuant to ORS 419.569 to 419.573. (Ord. 361, §4, 1985; Ord. 396, §1(part), 1991; Ord. O-430, §1(part), 1998)
5.08.060 Misrepresentation of Age. No person shall, being less than a certain specified age, knowingly represent himself to be of any age other than his true age with the intent of securing a right, benefit or privilege which by law is denied to persons under that certain specified age. Violation of this Section is considered to be an "unclassified misdemeanor". (Ord. 361, §5, 1985; Ord. O-430, §1(part), 1998)
5.08.070 Obstruction of Building Entrances. No person shall obstruct any entrance to any building or loiter unnecessarily about or near any entrance, stairway or hall leading to any building. Violation of this Section is considered to be an "unclassified misdemeanor". (Ord. 361, §6, 1985; Ord. O-430, §1(part), 1998)
5.08.080 Open Cellar Doors or Grates. No owner or person in charge of a property shall permit a cellar, door, or grate located in or upon a sidewalk or public pathway to remain open except when such entrance is being used and, when being used, there are adequate safeguards for pedestrians using the sidewalk. Violation of this Section is considered to be an "unclassified misdemeanor". (Ord. 361, §7, 1985; Ord. O-430, §1(part), 1998)
5.08.090 Obstruction of Fire Hydrants. No owner of property adjacent to a street upon which a fire hydrant is located shall place or maintain within eight feet of such fire hydrant any bush, shrub or tree or other obstruction. Violation of this Section is considered to be an "unclassified misdemeanor". (Ord. 361, §8, 1985; Ord. O-430, §1(part), 1998)
5.08.100 Vending Goods on Streets or Sidewalks. No person shall use or occupy any portion of a street or sidewalk for the purpose of vending goods, wares or merchandise by public outcry or otherwise unless a license has first been obtained. Violation of this Section is considered to be an "unclassified misdemeanor". (Ord. 361, §9, 1985; Ord. O-430, §1(part), 1998)
(A) "Occult arts" means the use or practice of fortune telling, astrology, phrenology, palmistry, clairvoyance, mesmerism, spiritualism, or any other practice or practices generally recognized to be unsound and unscientific whereby an attempt or pretense is made:
(1) To reveal or analyze past incidents or events.
(2) To analyze or define the character or personality of a person.
(3) To foretell or reveal the future.
(4) To locate by such means lost or stolen property.
(5) To give advice or information concerning any matter or event.
(B) No person shall for hire or profit engage in the practice of occult arts, either public or private.
(C) Nothing in this section shall be construed to prohibit or prevent:
(1) A duly organized and recognized religious organization which promulgates religious teachings or beliefs involving spiritualism or similar media from holding its regular meetings or services.
(2) A school, church, fraternal, charitable or other benevolent organization from utilizing occult arts for a bazaar or other money-raising project, provided that all money so received is devoted exclusively to the organization sponsoring the affair. In such case, the money so received shall be considered as a donation for benevolent and charitable purposes.
(D) Violation of this Section is considered to be an "unclassified misdemeanor". (Ord. 361, §10, 1985; Ord. O-430, §1(part), 1998)
5.08.120 Offenses Outside City Limits. Where permitted by Oregon law, an act made unlawful by this Chapter shall constitute an offense when committed on any property owned or leased by the city, even though outside the corporate limits of the city. (Ord. 361, §11, 1985; Ord. O-430, §1(part), 1998)
5.08.130 Soliciting or Confederating to Violate Regulations. No person shall solicit, aid, abet, employ or engage another, or confederate with another, to violate a provision of this or any other regulation of the city. (Ord. 361, §12, 1985; Ord. O-430, §1(part), 1998)
5.08.140 Attempt to Commit Offenses. A person who shall attempt to commit any of the offenses mentioned in this Chapter or any regulation of the city, but who for any reason is prevented from consummating such act, shall be deemed guilty of an offense. (Ord. 361, §13, 1985; Ord. O-430, §1(part), 1998)
5.08.150 Separate Violations. Whenever in this Chapter, or any Title of the city of Yamhill, an act is prohibited or is made or declared to be unlawful or an offense, or the doing of an act is required, or the failure to do an act is declared to be unlawful or an offense, each day a violation continues shall constitute a separate offense. (Ord. 361, §14, 1985; Ord. O-430, §1(part), 1998)
5.08.160 Nuisance Abatement. No provisions in this Chapter shall preclude the abatement of a nuisance as provided in the general nuisance regulations of the city. (Ord. 361, §15, 1985; Ord. O-430, §1(part), 1998)
5.08.170 Working Out Fine and Costs. When a person is convicted of an offense under the laws of the city, is adjudged to pay a fine and costs, and fails to pay the fine and costs, the municipal judge may collect the fine by sentencing such person to labor on the streets or on other public works, to accommodate such fine unpaid in accordance with the City's schedule of fees and penalties as approved through resolution of the City Council. Persons so fined and sentenced to labor shall be under the direction of the proper authorities. (Ord. 361, §16, 1985; Ord. O-430, §1(part), 1998; Ord. O-446, §16, 1998)
5.08.180 Working Prisoners. In all cases of conviction for any of the offenses mentioned in this Chapter when the penalty fixed by the court is confinement in the city or county jail for any term, the court additionally may order that such convicted person, during the term of imprisonment, labor upon the streets or public works of the city under the direction of the property authorities. (Ord. 361, §17, 1985; Ord. O-430, §1(part), 1998)
5.08.190 Severability. The sections and subsections of this Chapter are severable. The invalidity of any one section or subsection shall not affect the validity of the remaining sections or subsections. (Ord. 361, §18, 1985; Ord. O-430, §1(part), 1998)
5.08.200 Application of State Statutes. Provisions of the Oregon Criminal Code of 1971, as the same now exists or may hereafter be amended, relating to defenses and burden of proof, general principles of criminal liability, parties and general principles of justification shall apply to offenses defined and made punishable by this Chapter. (Ord. 361, §19, 1985; Ord. O-430, §1(part), 1998)
5.08.210 Violation--Penalties.
(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.
(B) The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under city ordinance or state statute. (Ord. O-445, §15, 1998)