Grants Pass Municipal Code
(Ord. 4833 §1, 1955 repealed Section 5.04.010 Animal with Communicable Disease
and 5.40 Sale or Pledge of Property)
Title 5
NUISANCES AND OFFENSES
Chapters:
I. NUISANCES
5.04 Animal Nuisances*.
5.08 Dogs.
5.12 Nuisances.
5.16 Explosives.
5.20 Wrecked Motor Vehicles.
II. OFFENSES
5.28 General Provisions.
5.32 Discharge of Weapons.
5.35 Prohibited Activity on Bridges. (Ord. 4749 §, 1992)
5.36 Obstructing Passageways.
5.38 Trash.
5.48 Inhaling Toxic Vapors.
5.57 Regulating City Parks and City Properties. (Ord. 4753 §1, 1992)
5.60 Curfew for Minors.
5.61 Prohibited Camping. (Ord. 4926 §1, 1998)
5.62 Illegal Possession of Spray Paint. (Ord. 4785 §1, 1994)
5.64 Children Confined in Vehicles.
5.67 Alarm Systems. (Ord. 4833 §2, 1995)
5.68 Drinking in Public Places.
5.70 Offensive Substances.
*Editor's Note: For general provisions, abatement procedures and penalty for violations
regarding this Chapter, see Chapter 5.12.
I. NUISANCES
Chapter 5.04
ANIMAL NUISANCES
Sections:
5.04.020 Dangerous Animals.
5.04.030 Livestock and Poultry--Generally.
5.04.040 Livestock and Poultry--Impoundment.
5.04.050 Removal of Carcasses.
5.04.020 Dangerous Animals.
No person may permit a wild or domesticated dangerous animal to run at large.
(Ord. 2901 §3, 1960)
5.04.030 Livestock and Poultry--Generally.
No person may maintain a pigsty, slaughterhouse or tannery, or permit livestock
or poultry owned by him to run at large within the City. The provisions of this
Section shall not apply to persons keeping cats, dogs or other household pets.
(Ord. 2901 §4(1), 1960)
5.04.040 Livestock and Poultry--Impoundment.
Livestock and poultry or other animals or fowls running at large in the City shall
be taken up and impounded by a police officer and disposed of in accordance
with the procedure provided by ordinance for the disposition of abandoned
property. (Ord. 2901 §4(2), 1960)
5.04.050 Removal of Carcasses.
No person may permit any fowl or animal carcass owned by him or under his
control to remain upon the public streets or places, or to be exposed on private
property, for a period of time longer than is reasonably necessary to remove or
dispose of such carcass. (Ord. 2901 §5, 1960)
Chapter 5.08
DOGS
Sections:
5.08.010 Nuisance Dog Defined.
5.08.020 License Requirement.
5.08.030 Summary Seizure of Nuisance Dog.
5.08.040 Summary Killing of Rabid Dog.
5.08.050 Impoundment Procedure--Redemption Fee.
5.08.010 Nuisance Dog Defined.
A dog is a nuisance and may be impounded, and its owner or custodian fined as
provided in this Chapter, if it:
A.
Howls or barks in such a manner as to deprive any person of peace and
quiet; or
B.
Be on property not owned by the owner or custodian of said dog unless
the dog is restrained by a leash not longer than eight feet, except with the
prior consent of the recreation division of the field services department,
dogs may participate in off-leash organized activities in the City parks; or
C.
Injures, damages or destroys any property, whether real, personal or
mixed, not owned by or under the control or custody of the owner or
custodian of the dog; or
D.
Bites a person; or
E.
Shows a propensity to bite a person; or
F.
Habitually chases vehicles of any kind, or persons; or
G.
Injures or kills an animal or fowl belonging to a person other than the
owner or custodian of the dog. (Ord. 4327 §1, 1980)
H.
Notwithstanding Subsection B of this Section, dogs are hereby prohibited
and may be impounded from Riverside Park, during the Boatnik weekend.
The prohibition will start on Thursday at noon, and operate continuously
until Monday night at midnight.
This prohibition does not apply to:
1.
Dogs for the handicapped; or
2.
Dogs used for law enforcement purposes; or
3.
Dogs that are participating in official events or programs.
(Ord. 4590 §1, 1987)
Defecates in a public park, on public property, or on private property without the
consent of the private property owner. It is a defense to this subsection if the
owner or custodian of the dog immediately cleans up the defecation without
being instructed to do so. (Ord. 4949 §1, 1998)
5.08.020 License Requirement.
A dog shall be licensed according to the laws of the state and no person shall
own or have custody of a dog not so licensed. (Ord. 4327 §2, 1980)
5.08.030 Summary Seizure of Nuisance Dog.
A dog which is a nuisance, as defined in Section 5.08.010, may be summarily
seized by any person, who shall then promptly notify the City's designated animal
control officer. (Ord. 4327 §3, 1980)
5.08.040 Summary Killing of Rabid Dog.
A dog which is rabid may be summarily killed by any person.
(Ord. 4327 §4, 1980)
5.08.050 Impoundment Procedure--Redemption Fee.
A.
All dogs taken up and impounded under this chapter shall be held in an
adequate and sanitary pound to be provided by the County. Unless
claimed by the owner, a dog shall be impounded for at least three days if
the dog is found without a license or identification tag and for at least five
days if it has a license or identification tag. A reasonable effort shall be
made to notify the owner of a dog before the dog is removed from
impoundment.
B.
If the dog owner appears and redeems the dog, he shall pay a sum of not
less than ten dollars for the first impoundment and not less than twenty
dollars for each subsequent impoundment and also pay the expense of
keeping the dog during the time it was impounded. If the dog is
unlicensed the owner shall also purchase a license and pay the applicable
penalty for failure to have a license.
C.
If no owner appears to redeem a dog within the allotted time, or if the dog
has been impounded as a public nuisance for killing or injuring a person, it
shall be killed in a humane manner.
D.
If, in the opinion of the County Dog Control Board or County
Commissioners, the dog is not dangerous and can be safely kept, the
Board or County Commissioners may release the dog to a responsible
person upon receiving assurance that the person will properly care for the
dog and not allow it to become a nuisance and upon payment of the sums
established in this section.
E.
Notwithstanding the provisions of this section, any dog impounded for
biting a person shall be held for not less than ten days before redemption
or destruction to determine if the dog is rabid. (Ord. 4327 §5, 1980)
Chapter 5.12
NUISANCES
Sections:
5.12.010 Definitions.
5.12.020 Nuisances Affecting the Public Health.
5.12.030 Abandoned Ice Boxes.
5.12.040 Attractive Nuisances.
5.12.050 Snow and Ice Removal.
5.12.060 Weeds and Noxious Growth.
5.12.070 Scattering Rubbish.
5.12.080 Fences.
5.12.090 Drainage of Surface Waters.
5.12.100 Radio and Television Interference.
5.12.110 Unnecessary Noise.
5.12.115 Graffiti. (Ord. 4786 §1, 1994)
5.12.120 Commercial Notices and Advertisements.
5.12.130 Declaration of Nuisance.
5.12.140 Abatement--Notice.
5.12.150 Abatement--By Owner.
5.12.160 Abatement--By City.
5.12.170 Abatement--Assessment of Costs.
5.12.180 Summary Abatement.
5.12.200 Separate Violations.
5.12.010 Definitions.
A.
Except where the contest indicates otherwise, the singular number
includes the plural and the masculine gender includes the feminine.
B.
For the purposes of the ordinance codified in this Chapter, the following
words and phrases shall have the meanings set forth below:
1.
"City" means the City of Grants Pass.
2.
"City Manager" means the City Manager or person authorized by
the City Manager.
3.
"Council" means the governing body of the City.
4.
"Person" means a natural person, firm, partnership, association or
corporation.
5.
"Person in Charge of Property" means an agent, occupant, lessee,
contract purchaser or person, other than the owner, having
possession or control of the property.
6.
"Public Place" means a building, place or accommodation, whether
publicly or privately owned, open and available to the general
public. (Ord. 2901 §1, 1960)
5.12.020 Nuisances Affecting the Public Health.
No person may permit or cause a nuisance affecting public health. The following
are nuisances affecting the public health and may be abated as provided in this
Chapter:
A.
Privies. An open vault or privy constructed and maintained within the City,
except those constructed or maintained in connection with construction
projects in accordance with the Oregon State Board of Health regulations.
B.
Debris on Private Property. Accumulations of debris, rubbish, manure and
other refuse located on private property that are not removed within a
reasonable time and that affect the health, safety or welfare of the City.
C.
Stagnant Water. Stagnant water which affords a breeding place for
mosquitoes and other insect pests.
D.
Water Pollution. Pollution of a body of water, well, spring, stream or
drainage ditch by sewage, industrial wastes or other substances placed in
or near such water in a manner that will cause harmful material to pollute
the water.
E.
Food. Decayed or unwholesome food which is offered for human
consumption.
F.
Odor. Premises which are in such a state or condition as to cause an
offensive odor or which are in an unsanitary condition.
G.
Surface Drainage. Drainage of liquid wastes from private premises.
(Ord. 2901 §6, 1960)
5.12.030 Abandoned Ice Boxes.
No person may leave in a place accessible to children an abandoned,
unattended or discarded ice box, refrigerator, or similar container which has an
airtight door with a snap lock or lock or other mechanism which may not be
released for opening from the inside, without first removing such lock or door
from such ice box, refrigerator, or similar container. (Ord. 2901 §7, 1960)
5.12.040 Attractive Nuisances.
A.
No owner or person in charge of property may permit:
1.
Unguarded machinery, equipment, or other devices on such
property which are attractive, dangerous, and accessible to
children.
2.
Lumber, logs, or piling placed or stored on such property in a
manner so as to be attractive, dangerous, and accessible to
children.
3.
An open pit, quarry, cistern, or other excavation without erecting
adequate safeguards or barriers to prevent such places from being
used by children.
B.
This section shall not apply to authorized construction projects, if during
the course of construction reasonable safeguards are maintained to
prevent injury or death to playing children. (Ord. 2901 §8, 1960)
5.12.050 Snow and Ice Removal.
No owner or person in charge of property, improved or unimproved, abutting on a
public sidewalk may permit:
A.
Snow to remain on the sidewalk for a period longer than the first two hours
of daylight after the snow has fallen.
B.
Ice to cover or remain on a sidewalk, after the first two hours of daylight
after the ice has formed. Such person shall remove ice accumulating on
the sidewalk or cover the ice with sand, ashes, or other suitable material
to assure safe travel. (Ord. 2901 §9, 1960)
5.12.060 Weeds and Noxious Growth.
No owner or person in charge of property may permit weeds or other noxious
vegetation to grow upon his property. It is the duty of an owner or person in
charge of property to cut down or to destroy weeds or other noxious vegetation
from becoming unsightly, or from becoming a fire hazard, or from maturing or
going to seed. (Ord. 2901 §10, 1960)
5.12.070 Scattering Rubbish.
No person may throw, dump, or deposit upon public or private property, and no
person may keep on private property, any injurious or offensive substance or any
kind of rubbish, appliances, motor vehicles or parts thereof, building materials,
machinery, or any other substance which would mar the appearance, create a
stench, or detract from the cleanliness or safety of such property, or would be
likely to injure any animal, vehicle, or person traveling upon any public way.
(Ord. 2901 §11, 1960; Ord. 4397 §1, 1981)
5.12.080 Fences.
A.
No person may construct or maintain a barbed-wire fence or allow barbed
wire to remain as a part of a fence along a sidewalk or public way, unless
such wire is placed not less than six inches above the top of a board or
picket fence which is not less than six feet high.
B.
No person may install, maintain, or operate an electric fence along a street
or sidewalk, or along the adjoining property line of another person.
(Ord. 2901 §12, 1960)
5.12.090 Drainage of Surface Waters.
A.
No owner or person in charge of any building or structure may suffer or
permit rain water, ice, or snow to fall from such building or structure on to
a street or public sidewalk or to flow across such sidewalk.
B.
The owner or person in charge of property shall install and maintain in a
proper state of repair adequate drainpipes or a drainage system so that
any overflow water accumulating on the roof or about such building is not
carried across or upon the sidewalk. (Ord. 2901 §13, 1960)
5.12.100 Radio and Television Interference.
A.
No person may operate or use an electrical, mechanical or other device
apparatus, instrument or machine that causes reasonably preventable
interference with radio or television reception; provided that the radio or
television receiver interfered with is of good engineering design.
B.
This section does not apply to electrical and radio devices licensed,
approved, and operated under the rules and regulations of the Federal
Communications Commission. (Ord. 2901 §14, 1960)
5.12.110 Unnecessary Noise.
A.
No person may make, assist in making, continue or cause to be making
any loud, disturbing or unnecessary noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, safety or peace of
others.
B.
Loud, disturbing, and unnecessary noises in violation of this section
include but are not limited to the following:
1.
The keeping of any bird or animal which by causing frequent or
long continued noise shall disturb the comfort and repose of any
person in the vicinity.
2.
The attaching of a bell to an animal or allowing a bell to remain on
an animal.
3.
The use of a vehicle or engine, either stationary or moving, so out
of repair, loaded or operated as to create any loud or unnecessary
grating, grinding, rattling, or other noise.
4.
The sounding of a horn or signaling device on a vehicle on a street,
or public, or private place, except as a necessary warning of
danger.
5.
The blowing of a steam whistle attached to a stationary boiler,
except to give notice of the time to begin or stop work, or as a
warning of danger, or upon request of proper City authorities.
6.
The use of a mechanical device operated by compressed air,
steam or otherwise, unless the noise thereby created is effectively
muffled.
7.
The erection, including excavation, demolition, alteration, or repair
of a building in residential districts, other than between the hours of
7:00 a.m. and 6:00 p.m., except in case of urgent necessity in the
interest of the public welfare and safety, and then only with a permit
granted by the City Auditor for a period not to exceed ten days.
The permit may be renewed for periods of five days while such
emergency continues to exist. If the City Manager shall determine
that the public health, safety, and welfare will not be impaired by
the erection, demolition, alteration, or repair of any building
between the hours of 6:00 p.m. and 7:00 a.m. and if he shall further
determine that loss or inconvenience would result to any person
unless such work were permitted within those hours, he may grant
permission for such work to be done within the hours of 6:00p.m.
and 7:00 a.m. upon application therefore being made at the time
the permit for the work is awarded or during the progress of the
work. The actual owner of property may do work on property
actually occupied by him between the hours of 6:00 p.m. and
10:00 p.m. without obtaining a permit as required in this chapter.
8.
The use of a gong or siren upon a vehicle, other than police, fire, or
other emergency.
9.
The creation of an excessive noise on a street adjacent to a school,
institution of learning, church, or court of justice while the same are
in use, or adjacent to a hospital or institution for the care of the sick
or infirm, which unreasonably interferes with the operation of such
institution, or which disturbs or unduly annoys patients.
10.
The discharge in the open air of the exhaust of a steam engine,
internal combustion engine, motor boat, or motor vehicle except
through a muffler or other device which will effectively prevent loud
or explosive noises and the emission of annoying smoke.
11.
The use or operation of an automatic or electric piano, phonograph,
gramophone, victrola, radio, television, loudspeaker, or any
instrument for sound producing or any sound-amplifying device so
loudly as to disturb persons in the vicinity thereof or in such a
manner as renders the use thereof a nuisance. However, upon
application to the Council permits may be granted to responsible
persons or organizations for the broadcast or amplification of
programs of music, news, speeches, or general entertainment as a
part of a national, state, or City event, public festivals or
outstanding events of a noncommercial nature. The broadcast or
amplification shall not be audible for a distance of more than one
thousand (1,000) feet from the instrument, speaker, or amplifier,
and in no event shall a permit be granted where any obstruction to
the free and uninterrupted traffic, both vehicular and pedestrian, will
result.
12.
The making of a noise by crying, calling or shouting, or by means of
a whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical
instrument or other device for the purpose of advertising goods,
wares or merchandise, or of attracting attention, or of inviting
patronage of a person to a business. However, newsboys may sell
newspapers and magazines by public outcry.
13.
The conducting, operating, or maintaining of a garage within one
hundred feet of a private residence, apartment, rooming house, or
hotel in such manner as to cause loud or disturbing noises to be
emitted therefrom between the hours of 11:00 p.m. and 7:00 a.m.
(Ord. 2901 §15, 1960)
14.
Noises Created by Dynamic or Compression Braking Devices. A
dynamic or compression braking device, commonly referred to as a
Jake or Jacob Brake, is a device used primarily on trucks and
buses to convert the motor from an internal combustion engine to
an air compressor for the purpose of vehicle braking without the
necessity of using wheel brakes. However, it is not a violation if the
device is used to avoid imminent danger to persons or property.
(Ord. 4703 §1, 1991)
5.12.115 Graffiti
A.
No owner or person in charge of a building or structure, may permit or
tolerate paint marks or marking pen marks, commonly referred to as
graffiti, to remain on said building or structure for a period in excess of ten
days.
B.
This section shall not apply to painting or marking which:
1.
Is part of the general color scheme of the building or structure; and
2.
Does not contain words or symbols; and
3.
Was applied by the owner or person in charge, or an agent thereof;
or
4.
Is part of a sign which has been previously approved by the
Community Development Department, with the painting or marking
reviewed by the Department, prior to issuance of the sign permit.
(Ord. 4786 §1, 1994)
5.12.120 Commercial Notices and Advertisements.
A.
No person may affix or cause to be distributed any placard, handbill,
advertisement, or poster of a commercial nature upon real or personal
property, public or private, without first securing permission.
B.
No person, either as principal or agent, may scatter or cause to be
scattered any placard, handbill, or advertisement or other similar material.
C.
This section does not prohibit the distribution of commercial material
during parades or other approved public gatherings.
D.
This section shall not be construed as an amendment to or a repeal of any
regulation now or hereafter adopted by the City regulating the use of and
the location of signs and advertising. (Ord. 2901 §16, 1960)
5.12.130 Declaration of Nuisance.
A.
The acts, conditions, or objects specifically enumerated and defined in
Chapter 5.04 and Sections 5.12.020 through 5.12.120 are declared to be
public nuisances and such acts, conditions, or objects may be abated by
any of the procedures set forth in Sections 5.12.140 through 5.12.180.
B.
In addition to those nuisances specifically enumerated within this chapter
every other thing, substance, or act which is determined by the Council to
be injurious or detrimental to the public health, safety, or welfare of the
City is hereby declared to be a nuisance and may be abated as provided
in this ordinance. (Ord. 2901 §17, 1960)
5.12.140 Abatement--Notice.
A.
Upon determination by the City Manager that a nuisance as defined in this
chapter or any other ordinance of the City exists, the City Manager shall
forthwith cause a notice to be posted on the premises where the nuisance
exists, directing the owner or person in charge of the property to abate
such nuisance.
B.
At the time of posting, the City Auditor shall cause a copy of such notice to
be forwarded by registered or certified mail, postage prepaid, to the owner
or person in charge of the property at the last known address of such
owner or other person.
C.
The notice to abate shall contain:
1.
A description of the real property, by street address or otherwise,
on which such nuisance exists.
2.
A direction to abate the nuisance within ten days from the date of
the notice.
3.
A description of the nuisance.
4.
A statement that unless such nuisance is removed the City may
abate the nuisance and the cost of abatement shall be a lien
against the property.
5.
A statement that the owner or other person in charge of the
property may protest the abatement by giving notice to the City
Auditor within ten days from the date of the notice.
D.
Upon completion of the posting and mailing the person posting and
mailing the notice shall execute and file a certificate stating the date and
place of such mailing and posting.
E.
An error in the name or address of the owner or person in charge of the
property or the use of a name other than that of the owner or other person
shall not make the notice void and in such a case the posted notice shall
be sufficient. (Ord. 2901 §18, 1960)
5.12.150 Abatement--By Owner.
A.
Within ten days after the posting and mailing of the notice as provided in
Section 5.12.140, the owner or person in charge of the property shall
remove the nuisance or show that no nuisance exists.
B.
At the time of posting, the City Auditor shall cause a copy of such notice to
be forwarded by registered or certified mail, postage prepaid, to the owner
or person in charge of the property at the last known address of such
owner or other person.
C.
The notice to abate shall contain:
1.
A description of the real property, by street address or otherwise,
on which such nuisance exists.
2.
A direction to abate the nuisance within ten days from the date of
the notice.
3.
A description of the nuisance.
4.
A statement that unless such nuisance is removed the City may
abate the nuisance and the cost of abatement shall be a lien
against the property.
5.
A statement that the owner or other person in charge of the
property may protest the abatement by giving notice to the City
Auditor within ten days from the date of the notice.
D.
Upon completion of the posting and mailing the person posting and
mailing the notice shall execute and file a certificate stating the date and
place of such mailing and posting.
E.
An error in the name or address of the owner or person in charge of the
property or the use of a name other than that of the owner or other person
shall not make the notice void and in such a case the posted notice shall
be sufficient. (Ord. 2901 §18, 1960)
5.12.150 Abatement--By Owner.
A.
Within ten days after the posting and mailing of the notice as provided in
Section 5.12.140, the owner or person in charge of the property shall
remove the nuisance or show that no nuisance exists.
B.
The owner or person in charge protesting that no nuisance exists shall file
with the City Auditor a written statement which shall specify the basis for
so protesting.
C.
The statement shall be referred to the Council as a part of the Council's
regular agenda at the next succeeding meeting. At the time set for
consideration of the abatement, the owner or other person may appear
and be heard by the Council and the Council shall thereupon determine
whether or not a nuisance in fact exists and such determination shall be
entered in the official minutes of the Council. Council determination shall
be required only in those cases where a written statement has been filed
as provided.
D.
If the Council determines that a nuisance does in fact exist, the owner or
other person shall within ten days after such Council determination abate
the nuisance. (Ord. 2901 §19, 1960)
5.12.160 Abatement--By City.
A.
If within the time allowed the nuisance has not been abated by the owner
or person in charge of the property, the City Manager may cause the
nuisance to be abated.
B.
The officer charged with abatement of such nuisance shall have the right
at reasonable times to enter into or upon property to investigate or cause
the removal of a nuisance.
C.
The City Auditor shall keep an accurate record of the expense incurred by
the City in abating the nuisance and shall include therein a charge of 20%
of the expense for administrative overhead. (Ord. 2901 §20, 1960)
5.12.170 Abatement--Assessment of Costs.
A.
The City Auditor, by registered or certified mail, postage prepaid, shall
forward to the owner or person in charge of the property a notice stating:
1.
The total cost of abatement including the administrative overhead.
2.
That the cost as indicated will be assessed to and become a lien
against the property unless paid within thirty days from the date of
the notice.
3.
That if the owner or person in charge of the property objects to the
cost of the abatement as indicated, he may file a notice of objection
with the City Auditor not more than ten days from the date of the
notice.
B.
Upon the expiration of ten days after the date of the notice, the Council in
the regular course of business shall hear and determine the objections to
the costs to be assessed.
C.
If the costs of the abatement are not paid within thirty days from the date
of the notice, as assessment of the costs as stated or as determined by
the Council shall be made by resolution and shall thereupon be entered in
the docket of City liens, and upon such entry being made shall constitute a
lien upon the property from which the nuisance was removed or abated.
D.
The lien shall be enforced in the same manner as liens for street
improvements are enforced, and shall bear interest at the rate of 6% per
annum. Such interest shall commence to run from date of the entry of the
lien in the lien docket.
E.
An error in the name of the owner or person in charge of the property shall
not void the assessment nor will a failure to receive the notice of the
proposed assessment render the assessment void, but it shall remain a
valid lien against the property. (Ord. 2901 §21, 1960)
5.12.180 Summary Abatement.
The procedure provided by this chapter is not exclusive but is in addition to
procedure provided by other ordinances and the health officer, the chief of the
fire department and chief of police may proceed summarily to abate a health or
other nuisance which unmistakably exists and from which there is imminent
danger to human life or property. (Ord. 2901 §22, 1960)
5.12.200 Separate Violations.
B.
The abatement of a nuisance shall not constitute a penalty for violating
this chapter or Chapter 5.04, but shall be an additional remedy. The
imposition of a penalty does not relieve a person of the duty to abate a
nuisance. (Ord. 2901 §24, 1960)
This Chapter has been repealed in its entirety by Ord. 5267, 2005.
Chapter 5.16
EXPLOSIVES
Sections:
5.16.010 Purpose.
5.16.020 Definitions.
5.16.030 Applicability of Provisions.
5.16.040 Permit--Requirement.
5.16.050 Permit--Application and Renewal.
5.16.060 Permit--Consideration of Application.
5.16.070 Permit--Issuance.
5.16.080 Permit--Overnight Storage.
5.16.090 Permit--Revocation.
5.16.100 Permit--Revocation--Hearing.
5.16.110 Inspections.
5.16.120 Conflicting Provisions.
5.16.130 Vehicle Operation--Generally.
5.16.140 Vehicle Operation--Attendance by Competent Person.
5.16.150 Vehicle Operation--Parking and Stopping Restrictions.
5.16.160 Disabled Vehicles.
5.16.170 Violation--Penalty.
Chapter 5.20
WRECKED MOTOR VEHICLES
Sections:
5.20.010 Purpose.
5.20.020 Definitions.
5.20.030 Wrecked Vehicle on Private Property.
5.20.040 Deposit of Wrecked Vehicle on Property of Another.
5.20.050 Abatement.
5.20.060 Separate Violations.
5.20.070 Sale After Violation of Section 5.20.030.
5.20.080 Sale After Violation of Section 5.20.040.
5.20.090 Summary Abatement.
5.20.010 Purpose.
The purpose of this chapter is to prohibit the deposit of wrecked motor vehicles
and parts thereof upon private or public property since such vehicles or parts
create fire hazards and other safety and health hazards to children and adults,
invite plundering, interfere with the comfort and well-being of the public, are
offensive to sight, interfere unreasonably with the use and enjoyment of adjacent
properties, depreciating the value thereof, and hinder proper and orderly
residential and commercial development and use; and therefore such wrecked
motor vehicles and parts thereof are a nuisance to be abated. The City or other
persons throughout the City generally may enforce this chapter.
(Ord. 3683 §2, 1969)
5.20.020 Definitions.
A.
Except where the context indicates otherwise, the singular number
includes the plural and the masculine gender includes the feminine.
B.
For the purposes of this chapter, the following words and phrases shall
have the meanings set out below:
1.
"City" means the City of Grants Pass.
2.
"Council" means the common council which is the governing body
of the City.
3.
"Mail" means to send by certified mail, postage prepaid, with return
receipt requested.
4.
"Person" means a natural person, firm, partnership, association, or
corporation.
5.
"Person in charge of property" means an agent, occupant, lessee,
contract purchaser, or person other than the owner, having
possession or control of real property upon which a wrecked motor
vehicle is located.
6.
"Police Chief" means the police chief of the City or person
authorized by the police chief.
7.
"Registered Owner" means the last registered owner of the
wrecked motor vehicle according to the records of the State
Department of Motor Vehicles, and does not include a conditional
vendor, mortgagee, vehicle lessor, or other similarly interested
person who is not the registered owner.
8.
"Vehicle" means any automobile, truck, or piece of mechanical
equipment designed to move of its own power, or to be towed by
another piece of equipment, and which uses or used wheels or
tracks.
9.
"Wrecked Motor Vehicle" means any vehicle including the parts
thereof which is discarded, dismantled, partially dismantled,
stripped, rusted, junked, wrecked, non-operating, not currently
licensed for operation, or no longer safely usable for the purposes
for which it was manufactured. (Ord. 3683 §1, 1969)
5.20.030 Wrecked Vehicle on Private Property.
A.
It is unlawful for any person who is the owner of or in charge of private real
property within the City to keep, wreck, store, or allow to remain thereon
any wrecked motor vehicle, or part thereof, unless the same is completely
enclosed within a building or so located as not to be readily visible from
any public place or from surrounding private property, or unless it is on
such private real property in connection with a business enterprise,
lawfully licensed by the City, and properly operated in the appropriate
business zone, pursuant to the zoning laws of the City.
B.
For the purposes of this section, if a wrecked motor vehicle or part thereof
is permitted to remain upon property for longer than ten consecutive days
without being removed therefrom it shall be deemed to have been kept,
stored, or allowed to remain thereon. After the expiration of the ten day
period, each day during which the vehicle or part thereof remains on the
property in violation of this chapter shall be punishable as a separate
offense. (Ord. 3683 §3, 1969; Ord. 4336 §1, 1980)
5.20.040 Deposit of Wrecked Vehicle on Property of Another.
A.
It is unlawful for the owner of a wrecked vehicle, or any other person, to
deposit such vehicle, or part thereof, upon the private real property of
another without the consent of the property owner or the person in charge
of the property, or upon public property.
B.
In any trial for violation of this section, the last registered owner of the
vehicle according to the records of the Oregon State Department of Motor
Vehicles shall be presumed to be the person who so deposited the
wrecked motor vehicle, but this presumption may be rebutted by evidence
to the contrary. (Ord. 3683 §4, 1969)
5.20.050 Abatement.
A.
It shall be the duty of the chief of police, upon finding a wrecked motor
vehicle constituting a violation of Section 5.20.030, to give written notice
by mail, or by personal service, to the owner or person in charge of the
real property upon which a violation of Section 5.20.030 is occurring, and
also to post such notice upon said wrecked motor vehicle, all such notices
stating the wrecked motor vehicle violates this chapter and demanding the
conditions be abated within ten days of the mailing and posting of such
notices.
B.
It shall be the duty of the chief of police, upon finding a wrecked motor
vehicle constituting a violation of Section 5.20.040, to make diligent inquiry
of all available persons, including conditional vendor or mortgagee, as to
the name and address of the registered owner of the wrecked motor
vehicle and to examine the wrecked motor vehicle for license number,
motor number, serial number, make and style, and for any other
information which will aid in the identification of the wrecked motor vehicle
and of the registered owner. It shall then be the duty of the chief of police
to give written notice by mail, or by personal service, to the registered
owner of the wrecked motor vehicle in violation of Section 5.20.040, and
also to post such notice upon the wrecked motor vehicle, all such notices
stating the wrecked motor vehicle violates this chapter and demanding the
wrecked motor vehicle be treated so as no longer to constitute a violation
of this chapter within ten days of the mailing, or personal service, and
posting of such notices. (Ord. 3683 §5, 1969)
5.20.060 Separate Violations.
B.
The abatement of a nuisance shall not constitute a penalty for violating
this chapter, but shall be an additional remedy. The imposition of a
penalty does not relieve a person of the duty to abate a nuisance.
(Ord. 3683 §7, 1969)
5.20.070 Sale After Violation of Section 5.20.030.
A.
The chief of police shall cause the wrecked motor vehicle to be removed
either to the City warehouse grounds or to a motor vehicle storage yard,
garage or other storage place, if there has been a violation of Section
5.20.030, and no abatement made in accordance with Section 5.20.040.
B.
The chief of police shall then give notice by mail or by personal service to
the registered owner, conditional vendor, mortgagee of, and other person
interested in the wrecked motor vehicle. The notice shall declare the
wrecked motor vehicle has been impounded and stored for violation of this
chapter and that it will be sold in accordance with the procedures given in
Chapter 1.28, as now written or hereafter amended.
C.
The chief of police, at the time he gives notice to the registered owner of,
and other person interested in, such wrecked motor vehicle, shall also
give notice to the owner and person in charge of the property upon which
the wrecked motor vehicle constituted a violation of this chapter. The
notice shall be made by mail or by personal service, and shall declare the
wrecked motor vehicle has been impounded and stored for violation of this
chapter, and it will be sold without redemption in accordance with the
procedures given in Chapter 1.28, as now written or hereafter amended.
The notice shall further notify the owner and person in charge of the
property that the expenses incurred by the City in abating the nuisance,
plus a charge of 20% of the expense for administrative overhead, less the
amount received by the City upon sale of the vehicle, shall be assessed to
and become a foreclosable lien against the property upon which the
wrecked motor vehicle or vehicles constituted a violation of this chapter.
The notice shall further state excess proceeds of the sale, if any, above
the expenses shall all be paid to the first person in the sequence following
whose identity is known at the time sale is made of the wrecked vehicle;
conditional vendor or mortgagee; holder of a mechanic's lien; registered
owner; other person interested in such wrecked motor vehicle; equally to
those who were the owner or owners of the real property at the time the
vehicle was found to constitute a violation of this chapter. If none of these
persons is known when the sale is made, the excess funds shall go into
the general fund of the City. (Ord. 3683 §8, 1969)
5.20.080 Sale After Violation of Section 5.20.040.
A.
The chief of police shall cause the wrecked motor vehicle to be removed
either to the City warehouse grounds or to a motor vehicle storage yard,
garage, or other storage place if there has been a violation of Section
5.20.040 and no abatement made in accordance with Section 5.20.050.
B.
The chief of police shall then proceed to identify the owner, conditional
vendor or mortgagee, or any other person interested in such wrecked
motor vehicle, and to sell said vehicle in accordance with the procedures
given in Chapter 1.28, as now written or hereafter amended.
C.
The notice given regarding the sale shall further state proceeds of the
sale, if any above the expenses, shall all be paid to the first person in the
sequence following whose identity is known at the time sale is made of the
wrecked motor vehicle; conditional vendor or mortgagee; holder of a
mechanic's lien; registered owner; other person interested in such
wrecked motor vehicle; equally to those who were the owner or owners of
the real property at the time the wrecked motor vehicle was found to
constitute a violation of this chapter; equally to the person or persons in
charge of such real property at the time the wrecked motor vehicle was
found to be in violation of this chapter. If none of these persons is known
at the time the sale is made, the excess funds shall go into the general
fund of the City. (Ord. 3683 §9, 1969)
5.20.090 Summary Abatement.
The procedure provided by this chapter is not exclusive but is in addition to
procedure provided by other ordinances and the health officer, the chief of the
fire department, and chief of police may proceed summarily to abate a health or
other nuisance which unmistakably exists and from which there is imminent
danger to human life or property. (Ord. 3683 §10, 1969)
II. OFFENSES
Chapter 5.28
This Chapter has been repealed in its entirety by Ord. 5267, 2005.
Chapter 5.28
GENERAL PROVISIONS
Sections:
5.28.010 Adoption of the Criminal Code.
5.28.020 Definitions.
5.28.030 Adoption of the Oregon Motor Vehicle Code.
Chapter 5.32
DISCHARGE OF WEAPONS
Sections:
5.32.010 Discharge of Weapons.
5.32.010 Discharge of Weapons.
A.
No person other than a police officer shall without authority of the Chief of
Police fire or discharge a gun or other weapon, including spring or air-
actuated pellet gun, or weapon which propels a projectile by use of
gunpowder or other explosive or jet or rocket propulsion.
B.
The provisions of this section shall not be construed to prohibit the firing or
discharging of a weapon by any person in the defense or protection of his
property, person or family. (Ord. 4354 §3, 1980)
Chapter 5.35
PROHIBITED ACTIVITY ON BRIDGES
(Ord. 4749 §1, 1992
Sections:
5.35.010 Prohibited Activity
5.35.010
Prohibited Activity.
It is unlawful to jump from any bridge which spans the Rogue River.
Chapter 5.36
OBSTRUCTING PASSAGEWAYS
Sections:
5.36.010 Obstructing Traffic.
5.36.010 Obstructing Traffic.
A.
No person shall, except as otherwise permitted by ordinance, obstruct,
cause to be obstructed or assist in obstructing pedestrian or vehicular
traffic on any sidewalk, street, or other public place.
B.
The provisions of this chapter shall not apply to the delivery of
merchandise or equipment, provided that no person shall permit such
merchandise or equipment to remain on any street or sidewalk beyond a
reasonable time.
C.
No person shall permit any merchandise, equipment or other obstruction
to remain on any street or sidewalk.
D.
No person shall use any street or sidewalk or any portion thereof for
selling, storing or displaying merchandise or equipment except as may be
otherwise provided by ordinance, or as might be specifically authorized by
the Council.
E.
No unauthorized person shall deposit any earth, gravel or debris upon any
street or sidewalk. (Ord. 4354 §4, 1980)
Chapter 5.38
TRASH
Sections:
5.38.010 Placing Trash in Trash Receptacle of Another.
5.38.010 Placing Trash in Trash Receptacle of Another.
No person shall place or cause to be placed trash or other matter upon public or
private property or in another person's trash receptacle. This provision shall not
apply to the placing of litter in trash receptacles provided for that purpose.
(Ord. 4354 §9, 1980: Ord. 4402 §1, 1981)
(Ord. 5159 §1, 2002 states the language in Chapter 5.44 regarding Lodging
Accommodations is deleted in its entirety effective November 1, 2002.
This Chapter has been repealed in its entirety by Ord. 5267, 2005.
Chapter 5.48
INHALING TOXIC VAPORS
Sections:
5.48.010 Inhaling Toxic Vapors.
Chapter 5.57
REGULATING CITY PARKS AND CITY PROPERTIES
(Ord. 4753 §1, 1992)
Sections:
5.57.010 Authority to Regulate Occupancy.
5.57.020 Criminal Trespass on City Property.
5.57.010 Authority to Regulate Occupancy.
Police Officers of the Public Safety Department are authorized to close all or
portions of City Parks or City properties prior to or in lieu of any regular closure.
The Public Safety Department shall attempt to notify occupants of the closed
area of the closure. This Chapter shall not be construed to modify the unlawful
entering or remaining in a building which is subject to State laws regarding
burglary and criminal trespass.
5.57.020 Criminal Trespass on City Property
A person commits the crime of CRIMINAL TRESPASS ON CITY PROPERTY if
the person enters or remains unlawfully in City Parks or on other City properties:
1.
After the regular closure of the park or property, or after having knowledge
of the closure provided in section 5.57.010; or
2.
While under the influence of intoxicants, as that condition is defined by the
motor vehicle laws of the State of Oregon, after being advised to leave the
park or property by a Police Officer of the Public Safety Department; or
3.
While continuing to operate any sound amplification system which is
plainly audible from 50 or more feet (unless that system is being operated
to request assistance or warn of a hazardous situation), after being
advised to cease said operation by a Police Officer of the Public Safety
Department.
Chapter 5.60
CURFEW FOR MINORS
Sections:
5.60.010 Hours of Curfew--Parental Responsibility.
5.60.010 Hours of Curfew--Parental Responsibility.
A.
No minor shall idle, wander, stroll, or play in or upon the public streets,
sidewalks, parks, playgrounds, or other unsupervised places between the
hours of 11:00 p.m. and 6:00 a.m. of the following day, unless
accompanied by an adult, parent, guardian or other person having the
care and custody of the minor, or unless such minor is engaged in
legitimate business or school work, or his employment makes it necessary
to be in such place.
B.
No adult, parent or guardian having the care and custody of a minor shall
permit such minor to violate the provisions of subsection A of this section.
(Ord. 4354 §11, 1980)
Chapter 5.61
PROHIBITED CAMPING
(Ord. 4926 §1, 1998)
Sections:
5.61.010
Definitions.
5.61.020
Sleeping on Sidewalks, Streets, Alleys, or Within Doorways
Prohibited.
5.61.030
Camping Prohibited.
5.61.040
Removal of Campsite on Public Property.
5.61.050
Removal of Campsite on Private Property.
5.61.060
Disposition and Release of Personal Property.
5.61.070
Mitigation.
5.61.010 Definitions.
Unless the context requires otherwise the following definitions apply to Chapter 5.61.
A.
“To Camp” means to set up or to remain in or at a campsite.
B.
“Campsite” means any place where bedding, sleeping bag, or other
material used for bedding purposes, or any stove or fire is placed,
established, or maintained for the purpose of maintaining a temporary
place to live, whether or not such place incorporates the use of any tent,
lean-to, shack, or any other structure, or any vehicle or part thereof.
5.61.020 Sleeping on Sidewalks, Streets, Alleys, or Within Doorways Prohibited.
A.
No person may sleep on public sidewalks, streets, or alleyways at any
time as a matter of individual and public safety.
B.
No person may sleep in any pedestrian or vehicular entrance to public or
private property abutting a public sidewalk.
C.
In addition to any other remedy provided by law, any person found in
violation of this section may be immediately removed from the premises.
5.61.030 Camping Prohibited.
No person may occupy a campsite in or upon any sidewalk, street, alley, lane,
public right-of-way, park, bench, or any other publicly-owned property or under
any bridge or viaduct, unless otherwise specifically authorized by this Code or by
a formal declaration of the City Manager in emergency circumstances.
5.61.040 Removal of Campsite on Public Property.
Upon discovery of a campsite on public property, the Public Safety Department is
authorized to remove the campsite and all personal property related thereto.
5.61.050 Removal of Campsite on Private Property.
Upon discovery of a campsite on private property without the consent of the
owner, removal of the campsite by the Public Safety Department may occur
under the following circumstances:
A.
Prior to removing the campsite, the City shall post a notice, 24-hours in
advance.
B.
At the time a 24-hour notice is posted, the City may inform a local agency
(delivering social services to homeless individuals) of the location of the
campsite.
C.
After the 24-hour notice period has passed, the Public Safety Department
is authorized to remove the campsite and all personal property related
thereto.
5.61.060 Disposition and Release of Personal Property.
For purposes of this Chapter, “personal property” means any item reasonably
recognizable as belonging to a person and having apparent utility or monetary
value. Items having no apparent utility or monetary value, and items in an
unsanitary condition may be immediately discarded. Weapons, drug
paraphernalia, items appearing to be stolen, and evidence of a crime may be
retained as evidence by the Public Safety Department until an alternate
disposition is determined. All personal property removed from the campsite
which is not retained, disposed of, or held as evidence (as provided above) shall
be stored by the Public Safety Department for a minimum of 3 days, not including
weekends and holidays, during which time it shall be reasonably available for
and released to an individual confirming ownership. Any personal property
unclaimed within that period may be discarded.
5.61.070 Mitigation.
Upon conviction for a violation of this Chapter, in addition to any other factors
deemed appropriate by the Court, the Court shall consider in mitigation whether
or not the person immediately removed all personal property and litter, including
but not limited to bottles, cans, and garbage from the campsite after being
informed it was in violation of the law.
Chapter 5.62
ILLEGAL POSSESSION OF SPRAY PAINT
(Ord. 4785 §1, 1994; Ord. 5035 §1, 2000)
Sections:
5.62.010 Violation by Juvenile.
5.62.020 Violation by Parents of Juvenile.
5.62.010 Violation by Juvenile
It is unlawful for persons under 18 years of age to possess one or more cans of
spray paint, marking pens (which pens have a marking width of 3/4 inches or
more), glass cutting devices, or glass etching devices either personally or in any
vehicle which they are operating, during the hours of 5:00 p.m. and 6:00 a.m.
unless said juvenile is in the immediate company of the juvenile's parent (or legal
guardian), or unless said juvenile is on private property with the permission of the
owner.
5.62.020 Violation by Parents of Juvenile
It is unlawful for the parent (or legal guardian), of a person under 18 years of age,
either through action or failure to act, to permit or allow the juvenile to possess
the materials specified in 5.61.010, either personally or in any vehicle which the
juvenile is operating, during the hours of 5:00 p.m. and 6:00 a.m. unless said
juvenile is in the immediate company of the juvenile's parent (or legal guardian),
or unless said juvenile is on private property with the permission of the owner.
Chapter 5.64
CHILDREN CONFINED IN VEHICLES
Sections:
5.64.010 Confinement of Children in Vehicles Prohibited.
5.64.010 Confinement of Children in Vehicles Prohibited.
A.
No person who has under his control or guidance a child under twelve
years of age shall at any time lock or confine, or permit to be locked or
confined, or shall leave such child unattended, in an automobile, truck,
bus or other vehicle in any public or private place for a period longer than
thirty consecutive minutes.
B.
It is the duty of any police officer finding a child or children confined in
violation of subsection A of this section to enter such automobile, truck,
bus or other vehicle and to remove such child or children, using such force
as may be necessary to effect an entrance to said vehicle in order to
remove the child or children. (Ord. 4354 §12, 1980)
(Ord. 4833 §2, 1995 states the language in Chapter 5.66 regarding Burglar Alarms is
deleted in its entirety effective July 1, 1996.
Chapter 5.67
(Ord. 4833 §2, 1995)
Sections:
5.67.010 Programmed Alarm System Restrictions.
5.67.010 Programmed Alarm System Restrictions.
No alarm system shall be programmed to select any telephone line for which the
user of said line has not consented to such programming.
Chapter 5.68
DRINKING IN PUBLIC PLACES
Sections:
5.68.010 Restrictions on Public Consumption of Alcoholic Beverages.
5.68.010 Restrictions on Public Consumption of Alcoholic Beverages.
A.
It is unlawful for any person to drink alcoholic beverages upon any street,
sidewalk, alley, or any other place to which the general public has access.
B.
It is unlawful for any person to drink or dispense alcoholic beverages in
any public stadium or park unless first authorized by the City Council.
C.
It is unlawful for any person to have in his possession while upon any
street, sidewalk, alley, or any other place to which the general public has
access, any bottle, can, or other receptacle containing any alcoholic
beverage which has been opened or a seal broken or the contents of
which has been partially removed. (Ord. 4354 §13, 1980)
Chapter 5.70
OFFENSIVE SUBSTANCES
Section:
5.70.010 Violation.
5.70.010 Violation.
A.
It is unlawful for any person, including a person in the possession or
control of any land, to discard any dead animal carcass or part thereof,
excrement, putrid, nauseous, noisome, decaying, deleterious, or offensive
substance into or in any other manner befoul, pollute, or impair the quality
of any spring, river, brook, creek, branch, well, irrigation drainage ditch,
irrigation ditch, cistern, or pond of water.
B.
It is unlawful for any person to place or cause to be placed any polluting
substance listed in this section into any road, street, alley, lane, lot, field,
meadow, or common. It is unlawful for an owner thereof to knowingly
permit any polluting substances to remain in any of the places described
in this subsection to the injury of the health or to the annoyance of any
citizen of this state. Every twenty-four hours after conviction for violation
of this subsection during which the violator permits the polluting
substances to remain is an additional offense against this subsection.
C.
Nothing in this section shall apply to the storage or spreading of manure or
like substance for agricultural, silvicultural, or horticultural purposes,
except that no sewage sludge, septic tank, or cesspool pumpings shall be
used for these purposes unless treated and applied in a manner approved
by the Department of Environmental Quality. (Ord. 4510 §1, 1984)
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