54-A--4 Bill for an Ordinance to be designated as

ORDINANCE NO. 10

An Ordinance defining and punishing offenses against the public peace, safety, morals, and general welfare, and declaring an emergency.

The City of Sodaville ordains as follows:

Section 1. DEFINITIONS

(a) The term "person" as used in this ordinance shall be deemed to refer to and include any person, firm, co-partnership, association, or corporation, whether he or it is acting for himself or itself or as the clerk, servant, employee or agent of another.

(b) The doing of any act or thing prohibited or the failing to do any act or thing commanded to be done by this ordinance within the corporate limits of the City of Sodaville is hereby declared to be an offense against the public peace, safety, morals, and general welfare of the people of the City of Sodaville.

Section 5. FIREARMS, DISCHARGING OF

It shall be unlawful for any person to discharge any type of firearm; provided, however, that nothing herein contained shall apply to any peace officer while acting in performance of his duties or to any person lawfully using a firearm in defense of his property or person.

Section 6. DRUNKENNESS

It shall be unlawful for any person to be found in an intoxicated or drunken condition on any street or in any public place.

Section 7. DRINKING IN PUBLIC PLACES

It shall be unlawful for any person to drink any intoxicating liquor upon any street or in any public place; provided, however, that that nothing in this section contained shall be deemed to apply to the drinking of any intoxicating liquor in any establishment wherein the same may be sold for premise consumption under the laws of the State of Oregon.

Section 8. DRUNK, DRIVING WHILE

It shall be unlawful for any person who is e habitual user of narcotic drugs or who is under the influence of intoxicating liquor or narcotics drugs, to drive any vehicle upon the streets.

Section 9. GAMBLING AND LOTTERY PLACES

It shall be unlawful for any person to operate or assist in the operation of any gambling game played for money or other representative of value, or to assist in the operating of any lottery.

Section 12. ANIMALS, POISONING OF

It shall be unlawful for any person to put out or place any poison where the same is liable to be eaten by any horse, cattle, sheep, dog, hog, eat, or other domestic animal.

Section 13. ANIMALS, CRUELTY TO

It shall be unlawful for any person to overwork, torture, beat, mutilate, deprive of necessary sustenance, or cruelly kill any animal.

Section 14. ANIMALS, VEHICLES INJURING

Any person operating & vehicle, as defined by the Uniform Traffic Act of the State of Oregon, upon the streets of the City of Sodaville, who shall run over, strike, injure, maim, or kill any domestic animal shall immediately stop and render aid to such animal, if injured, or provide for the disposition of the carcass, if such animal be killed. Such person shall in either case make due and diligent inquiry to determine the owner of such animal and, if the owner be found, he shall notify him of the occurrence.

Section 15. ANIMAL CARCASSES, REMOVAL

It shell be unlawful for any person to suffer or permit the carcass of any animal owned by him to remain upon the public streets or ways, and no person who is the owner or occupant of any property shell suffer or permit the carcass of any animal to remain thereon. It shall be the duty of such owner or occupant forthwith the cause such carcass to be buried or other disposition made of the same.

Section 16. BIRDS, KILLING OF

It shall be unlawful for any person to discharge and firearm, air gun, or other similar device, or to throw any missile at any nongame bird with the intent to injure or kill the same.

Section 17. RELIGIOUS ASSEMBLIES, DISTURBING

It shall be unlawful for any person to disturb or disquiet any congregation or assembly met for religious worship or for any other lawful purpose by making loud and unnecessary noises or by rude and indecent behavior or uttering profane language within any such place of assembly, or so near to the same as to disturb the order and solemnity of the meeting.

Section 18. PLANTS, DESTRUCTION

It shall be unlawful for any person maliciously or wantonly to shut down, destroy, or injure any flower, bush, shrub, or tree standing or growing upon the property of another.

Section 19. POSTED NOTICES, DEFACEMENT

It shall be unlawful for any person to deface or tear down any official notice or bulletin posted in conformity with law.

Section 20. POSTERS, UNAUTHORIZED

It shall be unlawful for any person to affix a placard, bill, or poster upon any personal or real property, private or public, without first obtaining permission of the owner or proper public authority.

Section 21. PROPERTY, MALICIOUS DESTRUCTION

It shall be unlawful for any person maliciously to deface, injure or destroy any personal or real property of another.

Section 23. INJURIOUS SUBSTANCE, DEPOSIT ON STREETS

It shall be unlawful for any person willfully to place or deposit upon any street or public way any substance tending to mar the appearance or to detract from the cleanliness or safety of such street or public way.

Section 24.

It shall be unlawful for any person to maintain a pigsty, slaughterhouse, or tannery within the corporate limits of the City of Sodaville.

Section 25. OFFENSIVE SUBSTANCES, DEPOSIT OF

It shall be unlawful for any person to put any animal carcass or part thereof, or any excrement, or any putrid, nauseous, decaying, deleterious, or offensive substance in any stream, well, spring, brook, ditch, pond, or other inland waters within the corporate limits of the City of Sodaville, or to place any such substances in such position that high water or natural seepage will carry the same into any such waters.

Section 26. ATTRACTIVE NUISANCES

It shall be unlawful for any owner, lessee, occupant, or any person having control of any premises to suffer or permit to remain unguarded upon such premises any device, machinery or equipment having the characteristics of an attractive nuisance or which is liable to attract children. It shell further be unlawful for any such owner or custodian aforesaid to permit to remain unguarded upon such premises any pit, quarry, cistern, well, or other excavation.

Section 28. POLICE OFFICERS, RESISTING

It shall be unlawful for any person to hinder, delay, obstruct, or resist any peace officer who is acting in the performance of his duties, and it shall be the duty of every person to render assistance to such peace officer when so requested. It shall further be unlawful to aid, abet, or assist the escape of any person in the custody of any such officer, whether such escape be successfully effected or not.

Section 29. POLICE OFFICERS, IMPERSONATING

It shall be unlawful for any person to impersonate, falsely assume to be, or pretend to be an official peace officer of the City of Sodaville.

Section 30. PENALTIES

Any person violating any of the provisions of this ordinance shell, upon conviction thereof, be punished by a fine of not less then $10.00 nor more than $250.00. Imprisonment for a commensurate period is discretionary on the part of the court as an additional penalty, in which case the city shall provide suitable place for the incarceration of any person convicted under this ordinance.

Section 31.

Misdemeanors and offenses enumerated in this ordinance are predicated upon physical and institutional conditions existing in the City of Sodaville at the time of its adoption, and are not to be deemed exclusive, and as occasion demands such other offenses and misdemeanors punishable under the general laws of the State of Oregon may be included as sub-sections hereunder.

Section 32. CONSTITUTIONALITY

If any clause, sentence, section, or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder of this ordinance, but shell be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which such judgment is rendered.

Section 33.

An emergency is hereby declared to exist and this ordinance shall take effect and be in full force from and after its passage, approval by the mayor, and posting in three conspicuous public places within the city, such places to be designated by resolution of the common council.

Passed by the Council this 1 day of February, 1954.

Sections 2, 3, 4, 10, 11, 22, and 27 were repealed by Ordinance 22-03, effective 7-16-2022.