AN ORDINANCE PROSCRIBING GENERAL OFFENSES; REPEALING ORDINANCE NO. 311; AND DECLARING AN EMERGENCY.

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

Section 1. 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.

Section 2. 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".

Section 3. Places of Amusement.

(1) No person under 18 years of age shall enter, visit or loiter in or about a public cardroom, poolroom or billiard parlor.

(2) 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.

(3) 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"

(a) Which is clean, adequately supervised, adequately lighted, and ventilated;

(b) In which no alcoholic liquor is sold or consumed; and

(c) Access to which does not require passing through a room where alcoholic liquor is sold or consumed.

(4) Violation of this Section is considered to be an "unclassified misdemeanor".

Section 4. Curfew.

(1) No person under the age of 18 years shall idle, wander, stroll, or play in or upon the public streets, sidewalks, parks, playgrounds or other unsupervised places between the hours of 11:59 p.m. and 4:00 a.m. the next day; provided, however, that the provisions of this section do not apply to a minor accompanied by his or her parent, guardian or other adult having the care and custody of the minor, or when the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor.

(2) If a person under 18 years of age is found upon the public streets, sidewalks, parks, playgrounds or other unsupervised places in violation of this section, and such violation is his first offense, it shall be the duty of any police officer to forthwith place such person under custody and to notify immediately the parent, guardian or other adult person having the care and custody of such minor of the violation; and it shall be the duty of the parent, guardian or other adult person having custody of such minor to call for and take the child into his custody.

(3) No adult person having the care and custody of a person under the age of 18 years, after having been notified of a violation of this ordinance, shall knowingly allow such person to violate this section a second time.

(4) A second violation of subsection 1 or 3 of this section is considered to be an "unclassified misdemeanor".

Section 5. 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".

Section 6. 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".

Section 7. Open Cellar Doors or Grates. No owner or person in charge or 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".

Section 8. 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".

Section 9. 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".

Section 10. Occult Arts.

(1) "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:

(a) To reveal or analyze past incidents or events.

(b) To analyze or define the character or personality of a person.

(c) To foretell or reveal the future.

(d) To locate by such means lost or stolen property.

(e) To give advice or information concerning any matter or event.

(2) No person shall for hire or profit engage in the practice of occult arts, either public or private.

(3) Nothing in this section shall be construed to prohibit or prevent:

(a) 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.

(b) 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.

(4) Violation of this Section is considered to be an "unclassified misdemeanor".

Section 11. Offenses Outside City Limits. Where permitted by Oregon law, an act made unlawful by this ordinance shall constitute an offense when committed on any property owned or leased by the city, even though outside the corporate limits of the city.

Section 12. Soliciting or Confederating to Violate ordinances. No person shall solicit, aid, abet, employ or engage another, or confederate with another, to violate a provision of this or any other ordinance of the city.

Section 13. Attempt to Commit Offenses. A person who shall attempt to commit any of the offenses mentioned in this ordinance or any ordinance of the city, but who for any reason is prevented from consummating such act, shall be deemed guilty of an offense.

Section 14. Separate Violations. Whenever in this ordinance, or any ordinance 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.

Section 15. Nuisance Abatement. No provisions in this ordinance shall preclude the abatement of a nuisance as provided in the general nuisance ordinance of the city.

Section 16. 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, one day for each $25.00 of such fine unpaid. Persons so fined and sentenced to labor shall be under the direction of the proper authorities.

Section 17. Working Prisoners. In all cases of conviction for any of the offenses mentioned in this ordinance 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.

Section 18. Severability. The sections and subsections of this ordinance are severable. The invalidity of any one section or subsection shall not affect the validity of the remaining sections or subsections.

Section 19. 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 ordinance.

Section 20. Repealer. Ordinance No. 311, enacted February 9, 1977, and any subsequent amendments thereto, are hereby repealed.

Section 21. Saving Clause. Notwithstanding Section 20 ordinances No. 311 and any subsequent amendments shall remain in force for the purpose of authorizing the arrest, prosecution, conviction and punishment of a person who violated that ordinances prior to the effective date of this ordinance.

Section 22. EMERGENCY CLAUSE. The Council desires and deems it necessary for the preservation of the health, peace and safety of the City of Yamhill that this ordinance take effect at once, and therefore, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage and approval.

Passed by the City Council of the City of Yamhill, on this 20th day of March, 1985.