MUNICIPAL CODE > 9 - Public Peace, Morals, and Welfare

Title 9 - Public Peace, Morals & Welfare

Chapter 9.01 - Social Hosting

9.01 Social Hosting

9.01.01 Purpose

The purpose of this Chapter is to prevent the disruption of the peace of the residents of the City of Sandy, the danger posed to persons attending the gathering and other persons in the vicinity, the detraction from the livability of neighborhoods and the devaluation of properties located near an unruly gathering.

9.01.02 Definitions

Alcoholic liquor: An alcoholic beverage containing more than one-half of one percent of alcohol by volume.

Host: To invite or to receive persons to a social gathering on property of which one has control as owner, lessee, tenant or licensee.

Organize: To encourage attendance (at an unruly gathering).

Response costs: The costs associated with responses by law enforcement, fire and other emergency response providers to unruly gatherings, including but not limited to:

(a) Salaries and benefits of law enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with unruly gatherings, and the administrative costs attributable to such response(s);

(b) The cost of any medical treatment to or for any law enforcement, fire or other emergency response personnel injured while responding to, remaining at or leaving the scene of an unruly gathering.

(c) The cost of repairing any city equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at or leaving the scene of an unruly gathering.

Juvenile: Any person under eighteen years of age.

Minor: Any person under twenty-one years of age.

Unruly gathering: A party or gathering of more than five persons where alcohol is served or consumed, and where any two or more of the following behaviors occur on the property where the gathering takes place or on adjacent property:

(a) Any violation of state or city of Sandy laws relating to the sale, service, possession or consumption of alcoholic liquor;

(b) Assault, as defined by ORS 163.185, 163.175,163.165 or 163.160;

(c) Menacing, as defined by ORS 163.190;

(d) Harassment, as defined by ORS 166.065 or 166.170;

(e) Intimidation, as defined by ORS 166.165 or 166.155;

(f) Disorderly conduct, as defined by ORS 166.023 or 166.125;

(g) Noise disturbance, as defined by SMC 8.20.020;

(h) Criminal mischief, as defined by ORS 164.305;
and

(i) Littering, as defined by ORS 164.805.

Owner: The person or entity listed as the owner in the Clackamas County property tax records.
Property:

(a) Any dwelling unit or group of dwelling units at a single street number address, including but not limited to a house, duplex, triplex, apartment(s), condominiums) or other structure(s) with one or more dwelling units, hotel or motel room(s);

(b) A hall, meeting room or other structure that serves as a gathering place;

(c) Any private real property adjacent to, and under the same ownership as, the location of a structure described in section a) or (b) of this definition;

(d) Public right-of-way.

“Property” does not include a restaurant, bar or tavern.

Twelve-month period: The twelve months immediately preceding the most recent citation.

9.01.03 Unruly Gatherings – Provisions

(1) No person shall organize or host an unruly gathering if the person knows or reasonably should know that it is an unruly gathering.

(2) It is an affirmative defense to a citation issued for a violation of subsection (1) of this section that the person who organized or hosted an unruly gathering contacted the police as soon as any of the violations or offenses listed in the definition of “unruly gathering” occurred.

(3) A person who violates subsection (1) of this section shall be subject to a fine prescribed by subsection (1) of section 2 of this code. In addition, a person who is convicted of violating subsection (1) of this section for a second time, and for any additional time, within a twelve- month period shall pay an administrative civil penalty in the amount of response costs, regardless of whether the offense occurred at the same or a different property, as provided in subsection (5) of section _____ of this code.

(4) After an unruly gathering occurs at a private property, and after any future occurrence of an unruly gathering at the same property, city staff will notify the owner(s) of the property. The notice shall include a copy of this ordinance and a description of the owner’s potential liability for response costs under subsection (4) of this section.

(5) If a juvenile violates subsection (1) of this section or is the owner of the property and the juvenile is or, but for the juvenile’s age would be, responsible for payment of response costs under this section, the person’s parent(s) or legal guardian(s) are responsible for response costs.

(6) Appeals

(a) If a civil penalty is imposed upon a property owner as provided in this code, the property owner or property manager may appeal the determination that a violation occurred or amount of the penalty to the city manager.

(b) In an appeal under this section, when determining to what extent, if any, the owner should be responsible for response costs, the city manager shall consider evidence of the following actions on the part of the property owner to prevent or abate the nuisance, even if unsuccessful:

1. On the first occurrence of an unruly gathering, the owner or owner’s agent issued a written warning that future violations may result in initiation of eviction proceedings.

2. On the second occurrence of an unruly gathering, the owner or owner’s agent issued a written notice that termination of the rental agreement will be initiated for the tenant(s) responsible for any future unruly gatherings.

3. On the third occurrence of an unruly gathering, the owner or owner’s agent initiated eviction proceedings against the tenant(s) responsible for the unruly gathering.

4. Prior to the fourth occurrence of an unruly gathering, new tenants replaced those who committed the previous violations, and the owner or owner’s agent implemented reasonable precautions to deter or prevent any additional unruly gatherings.

9.01.04 Penalties - Specific

(1) Violation of the following sections is punishable by fine not to exceed $1,000 or confinement in jail, or both, up to the amounts indicated opposite each. In addition, the court may order any treatment, related to the violation, deemed necessary for rehabilitation of the offender and the safety of the community.

Administrative Civil Penalty

9.01.05 Second and subsequent violations of subsection (1) of section 9.01.03 of this code within a twelve-month period are subject to the imposition of response costs as defined in section 1 of this code.

9.01.06 Upon fourth and any subsequent violation of subsection (1) of section 9.01.03 of this code within a twelve-month period, at a property as defined in section 9.01.02 of this code, the owner of the property is subject to the imposition of response costs as defined in section of this code.

9.01.07 Enforcement and Penalties

(1) Violations of any of the provisions of this Chapter are declared civil violations and shall be enforced pursuant to the provisions of Sandy Municipal Code 1.18. Prosecution of civil violations may be in addition to or in lieu of any other remedies or enforcement measures provided by law or ordinance, including without limitation enforcement by civil action as provided in ORS 30.315.

(2) Fines for violations of the provisions of this Ordinance shall be in the amounts specified.

Chapter 9.02.01 - Disorderly Conduct:

9.02.01 Disorderly Conduct:

A. A person commits the violation of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person:

1. Engages in fighting or in violent, tumultuous or threatening behavior;

2. Makes unreasonable noise;

3. Disturbs any lawful assembly of persons without lawful authority;

4. Obstructs vehicular or pedestrian traffic on a public way;

5. Congregates with other person in a public place and refuses to comply with a lawful order of the police to disperse;

6. Initiates or circulates a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency;

7. Creates a hazardous or physically offensive condition by any act which the person is not licensed or privileged to do; or

8. Urinates or defecates in public;

Disorderly Conduct is a Class A Violation as defined by ORS 153.012 and carries the same fine as defined by ORS 153.018

Chapter 9.03.01 - Theft 3rd Degree:

9.03.01 - Trespass 3rd Degree:

A. A person commits the violation of theft in the 3rd Degree if;

1. By means other than extortion, the person commits theft as defined in ORS 164.015; and

2. The total value of the property in a single or an aggregate transaction is less than $100.

Theft 3rd Degree is a Class A Violation as defined by ORS 153.012 and carries the same as defined by ORS 153.018.

Chapter 9.04.01 - Trespass 2nd Degree:

9.04.01 Trespass 2nd Degree:

A. A person commits the violation of criminal trespass in the 2nd Degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.
Trespass 2nd Degree is a Class A Violation as defined by ORS 153.012 and carries the same fine as defined by ORS 153.018.

Chapter 9.06 - Prohibition on Marijuana Facilities

9.06 Prohibition on Marijuana Facilities:

A. Prohibition.  No person, business or entity may establish a marijuana facility within city limits.  The establishment, maintenance, or operation of a marijuana facility by a person, business or any other entity within the city in violation of this chapter is declared to be a public nuisance.

B. Definitions.  For the purposes of this chapter and in accordance with HB 3400, a “marijuana facility” includes:

  1. Marijuana processing sites registered with the Oregon Health Authority;
  2. Medical marijuana dispensaries registered with the Oregon Health Authority;
  3. Marijuana producers licensed by the Oregon Liquor Control Commission;
  4. Marijuana processors licensed by the Oregon Liquor Control Commission;
  5. Marijuana wholesalers licensed by the Oregon Liquor Control Commission; and
  6. Marijuana retailers licensed by the Oregon Liquor Control Commission.

C. Violations and Enforcement. 

  1. The establishment, maintenance or operation of a marijuana facility by a person, business or any other entity within the city in violation of the requirements of this chapter will be subject to any and all enforcement remedies available to the city under law and/or the Sandy Municipal Code including but not limited to enforcement pursuant to Chapter 8.24 of the Sandy Municipal Code and/or the filing of an appropriate action and pursuit of an appropriate remedy in a court of competent jurisdiction.  
  2. The city may abate a nuisance under this chapter either pursuant to Chapter 8.24 of the Sandy Municipal Code or it may pursue any other remedies available to it, including but not limited to an action seeking declaratory relief and/or injunctive relief.
  3. If the city brings an action in either law or equity in any of the courts of this state (including the U.S. District Court for the District of Oregon) other than its municipal court for the enforcement of this Chapter, the city shall be entitled to the award of its reasonable attorney fees in the event it is the prevailing party.

Chapter 9.07 - Alarm Permit

Chapter 9.07

9.07 Alarm Permit

9.07.010 Purpose

A.     The purpose of this chapter is to protect the efficient use of emergency law enforcement services and to protect the public from unreasonable alarm noise and disturbance.

B.    The provisions of this chapter shall be administered by the Sandy Police Department and shall apply only to Alarm Systems operated within the city limits of Sandy, unless otherwise permitted by law.

9.07.020 Definitions

A.    ALARM BUSINESS means a business by any individual, partnership, corporation or other entity, that sells, leases, maintains, services, repairs, alters, replaces, moves or installs any Alarm System in or on any building, structure, dwelling or facility.

B.    ALARM SYSTEM means any single device or assembly of equipment designed to signal the occurrence of illegal or unauthorized entry or other illegal activity requiring immediate attention and to which law enforcement is required to respond, but does not include motor vehicle or boat alarms, fire alarms, domestic violence alarms, or alarms designed to elicit a medical response.

C.    ALARM USER means the person(s), firm, partnership, association, corporation, company, organization of any kind, or public entity in control of any building, structure, dwelling or facility wherein an Alarm System is maintained.

D.    AUTOMATIC DIALING DEVICE means a device, which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or chapter signal an emergency message indicating a need for emergency response.

E.    FALSE ALARM means an alarm signal eliciting a response by emergency services when a situation requiring a response does not in fact exist.  False Alarm does not include an alarm signal caused by uncontrollable conditions of nature or other extraordinary circumstances not reasonably subject to control by the Alarm Business or Alarm User.

F.     POLICE means the Sandy Police Department.

9.07.030 Fines and Fees

A.     Fines and fees associated with this chapter shall be set by resolution of the City of Sandy Council.

B.    Fees must be paid upon demand and fines must be paid within 14 days of the date of notice that a fine is due or the fine will double.

9.07.040 Alarm Permit Requirements; Violation; Suspension of Police Emergency Services/Response

A.    No Alarm System shall be operated without an alarm permit issued by the Police Department.  Application for an alarm permit shall be made with the Sandy Police and the applicant shall be the responsible party for purposes of enforcing this chapter.

B.    A permit shall be issued to the property address of the Alarm System and bear the signature of the Chief or designee.  The permit shall be valid for one-year from the date issued unless suspended pursuant to this chapter.

C.    An alarm permit shall be kept physically upon the premises using the Alarm System and shall be available for inspection by the police upon request.

D.    An alarm permit fee is not required upon proof that a residential applicant is over 65 and id a primary resident unless a commercial business is conducted in or on the premises.  A permit application must still be completed and displayed pursuant to items A-C above.

E.    An alarm permit is not required when the Alarm User is a public entity and the permit issued shall not be subject to suspension.

F.     It shall be a violation of this chapter to operate an Alarm System without a permit except as provided by this chapter.  Within 14 days of a Notice of Violation an Alarm User must submit a permit application, and applicable fees and fines to the Police.  Failure to comply may suspend further emergency law enforcement alarm response to the subject address without further notice.

9.07.050 Automatic Dialing Device: Certain Interconnections Prohibited

A.     It is a violation of this chapter for any person to program an Automatic Dialing Device to select a telephone line assigned to the City.

B.    It is a violation of this chapter to fail to disconnect or to reprogram an Automatic Dialing Device which is programmed to select a telephone line assigned to the city within twelve hours of notice that it is so programmed.

9.07.060 False Alarms and Permit Suspension

A.     It shall be a violation of this chapter for an Alarm User to incur a False Alarm at the permit address during the alarm permit year.  The fourth False Alarm in a permit year shall be cause to suspend the alarm permit for one year from the date of the last False Alarm.

B.    Following a fourth False Alarm within the permit year, the Sandy Police Department will mail the permit applicant a Notice of Suspension which unless appeared in accordance with this chapter will be effective and final on the date of the mailing without further notice.

C.    The Sandy Police Department may suspend law enforcement emergency response to an alarm at the permit address for the period of the suspension or until a new permit is issued.

D.    An alarm permit suspended under this chapter will prohibit reapplication at permit address for the term of the suspension period and until all fines have been paid, except upon new application and proof of transfer of ownership of the property.

09.07.070 Appeal of Notice of Suspension

A.     An appeal of Notice of Suspension of an alarm permit may be made by a permit applicant and must be received by the Sandy Police Department within 14 days from the date of mailing of the notice.  It must set forth an explanation why the permit should not be suspended, an explanation if any for the False Alarms to include supporting or mitigating information, and describe actions taken to eliminate a future False Alarm.

B.    The Chief or designee will review a timely appeal and issue a written final determination setting fourth reason supporting the determination within 14 days from the date of receipt of the appear.  The final determination will be effective on the date issued and shall include information on the right of appeal.

C.    Appeal of a final determination may be taken exclusively by writ of review in the manner set forth in ORS 34.040 or ORS 34.100.

09.07.080 Continuous Alarm as Public Nuisance; Disconnection of Alarm

Any bell, horn, or siren used in conjunction with an Alarm System which can be heard outside a building, structure, dwelling or facility for more than fifteen minutes continuously or intermittently and the Alarm User is not readily available for able to silence the deice, is a public nuisance and may be disconnected or otherwise silenced by responding law enforcement personnel.  Disconnection may be made by such means as is reasonably necessary to silence the alarm.  The Alarm User shall be solely responsible for property damage associated with disconnecting or silencing the alarm, and costs to reconnect.

Chapter 9.12 - Prohibits the Sale and Use of Tobacco and Vapor Products by Minor

9.12.020

A. Definitions.

The following definitions apply to this chapter:

"Tobacco" means any tobacco product, cigarette, cigar, pipe tobacco, smokeless tobacco, chewing tobacco, electronic cigarettes and any other form of tobacco or nicotine product that may be utilized for smoking, chewing, vaping, inhaling, or any other means of ingestion or consumption.

“Vapor product” means a product that employs a mechanical heating element, battery or circuit and that can be used to heat a solution; or a cartridge or other unit containing a solution to be placed in an electronic cigarette, device or product. For the purposes of this chapter, a “solution” may but need not contain nicotine.

B. Sale and use of tobacco and vapor products by minors prohibited.

The sale, possession, distribution and use of tobacco, nicotine or a vapor product in any form to persons under 18 years of age are prohibited. A person under the age of 18 may not purchase, attempt to purchase, use or obtain any tobacco or vapor product. Tobacco or vapor products in a retail store may not be located in an area accessible to customers without assistance by a store employee.

C. Penalties.

The sale of tobacco or vapor product in any form to persons under 18 years of age is prohibited. Any person who knowingly sells, or causes to be sold, tobacco to a person under 18 years of age commits the crime of endangering the welfare of a minor, pursuant to ORS 163.575.