VII. CONSUMER PROTECTION (RESERVED)

VIII. OFFENSES BY OR AGAINST MINORS

IX. WEAPONS

X. PENALTIES

Chapter 9.04
GENERAL PROVISIONS

No person shall solicit, employ or engage another, or confederate with another to violate a provision of this title.
(Ord. 3-74 § 51, 1974.)

 
9.04.020 Attempt to commit offense.

A person who attempts to commit any of the offenses mentioned in this or any other title of the city, but who for any reason is prevented from consummating such act, is guilty of an offense.
(Ord. 3-74 § 52, 1974.)

 
9.04.030 Failure to appear upon citation.

No person shall wilfully fail to appear before the Sandy municipal court pursuant to a citation issued and served under authority of ORS 133.045 to 133.080, 133.110 and 156.060, and a complaint is filed.
(Ord. 3-74 § 46, 1974.)

"Sexual contact" means any touching of the sexual or other intimate parts of a person not married to the actor or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.
(Ord. 12-74 Art. I § 2, 1974.)

 
9.26.020 Prohibited touching.
A person commits the offense of prohibited touching if:

A. He engages in or agrees to engage in sexual contact in return for a fee; or

B. He pays or offers or agrees to pay a fee to engage in sexual contact.
(Ord. 12-74 Art. I § 1, 1974.)

 
9.26.030 Promoting prohibited touching.
A person commits the offense of promoting prohibited touching if, with intent to promote prohibited touching, he knowingly:

A. Owns, controls, manages, supervises or otherwise maintains a place or enterprise where prohibited touching takes place; or

B. Induces or causes a person to engage in prohibited touching or remain in a place where prohibited touching takes place; or

C. Receives or agrees to receive money or other property, other than compensation for personally rendered prohibited touching services, pursuant to an agreement or understanding that the money or other property is derived from a prohibited touching activity; or

D. Engages in any conduct that institutes, aids or facilitates an enterprise of prohibited touching.
(Ord. 12-74 Art. II, 1974.)

 
9.26.040 Definitions for Section 9.26.050.
As used in Section 9.26.050:

A. "Massage" means pressure on, friction against, stroking and kneading the body by manual or mechanical means, and gymnastics, with or without appliances such as vibrators, infrared heat, sunlamps and external baths for the purpose of maintaining good health and establishing and maintaining good physical condition.

B. "Massage business" means the operation of an establishment where massage is given.

C. "Nudity" means uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the aerola, or the covered human male genitals in a discernibly turgid state. For the purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the aerola only are covered.

D. "Practice of massage" means the performance of massage for compensation, either as the owner of or as an employeee in a massage business.
(Ord. 12-74 Art. III § 2, 1974.)

 
9.26.050 Nudity in massage.
A person commits the offense of nudity in massage if:

A. He appears in a state of nudity while engaged in the practice of massage; or

B. He, as a principal, agent, officer or employeee of a massage business, appears in a state of nudity in any portion of a massage establishment where massage is given or where there is any patron of the establishment; or

C. He, as a principal, agent, officer or employeee of a massage business, causes, permits, aids or abets any violation of this section by any agent or employee of the massage business.
(Ord. 12-74 Art. III § 1, 1974.)

 
9.26.060 Violation-Penalty.
The violation of any of Sections 9.26.010 through 9.26.050 shall be punishable upon conviction by a fine of not more than two hundred fifty dollars for each violation.
(Ord. 12-74 Art. IV, 1974.)

 
9.26.070 Nuisances.
A. Any place where prohibited touching, promoting prohibited touching or nudity in massage is conducted or carried on as described in this chapter is declared a nuisance and may be enjoined and abated as described in subsection B of this section.

B. Whenever a nuisance exists under subsection A of this section, the city attorney may maintain a suit in equity in the name of the city, perpetually enjoining such nuisance and for its abatement. Such suit may be brought regardless of whether any individuals have been convicted under Section 9.26.060.
(Ord. 12-74 Art. V, 1974.)

V. OFFENSES AGAINST PUBLIC PEACE

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

B. Makes unreasonable noise; or

C. Uses abusive, coarse or obscene language, or makes an obscene gesture in a public place; or

D. Congregates with another person or persons in a public place and refuses to comply with a lawful order of the police to disperse; or

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

F. Disturbs any lawful assembly of persons without lawful authority; or

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

H. Creates a hazardous or physically offensive condition by any act which he is not licensed or privileged to do;

I. Masturbates, urinates, defecates or performs an act of copulation in a public place; or

J. Wilfully exposes his or her genital organs in any public place.
(Ord. 3-74 § 2(1), 1974.)

 
9.34.020 Drive-in facilities-Prohibited conduct.
No person on the premises of a drive-in restaurant, drive-in bank, drive-in theater, drive-in business, public parking facility or other public or private property where parking or drive-in facilities are offered and extended to the public for public use shall needlessly do any of the following: Race the motor of any motor vehicle, or bring to a sudden start or stop any motor vehicle, or impede the orderly movement of vehicles or pedestrian traffic on such premises, or blow any horn, or make or cause to be made any loud, boisterous, rude, indecent, unseemly or unnecessary noise, or speak any rude, indecent, vulgar or profane words toward any other person, or deface or damage the property of another, and any of such acts is deemed and declared to be disorderly conduct, and any person who commits any other act constituting a nuisance or disturbance on said premises whereby the quiet and good order of the premises or the neighborhood is disturbed is guilty of disorderly conduct.
(Ord. 3-74 § 2(2), 1974.)

 
9.34.030 Refusal to leave premises.
When the owner, lessee or other person in lawful charge of real property, or a police officer acting on the request of the owner, lessee or other person in lawful charge of real property, requests any person other than the owner, lessee or person in lawful possession of real property to leave such premises and the person requested to leave, without good cause or reason refuses immediately to comply with such request, the person so refusing to comply with such request is deemed guilty of disorderly conduct.
(Ord. 3-74 § 2(3), 1974.)

Chapter 9.35
INDECENT EXPOSURE

Chapter 9.37
PROSTITUTION

B. No person may loiter in or near any street or public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances that may be considered in determining whether such purpose is manifested are that the person repeatedly beckons to, stops or attempts to stop, or engages in conversation with, passersby, or who repeatedly stops or attempts to stop motor vehicle operators by hailing them or gesturing to them.
(Ord. 4-97 § 1 (part), 1997.)

 
9.37.020 Unlawful prostitution procurement activities.
A. As used in this section, "prostitution" means that unlawful conduct described in ORS 167.007, and "prostitution procurement activity" means any conduct by any person that constitutes a substantial step in furtherance of an act of prostitution. The activity includes, but is not limited to, lingering in or near any street or public place, repeatedly circling an area in a motor vehicle, or repeatedly beckoning to, contacting or attempting to stop pedestrians or motor vehicle operators.

B. No person may engage in prostitution procurement activity with an intent to induce, entice, solicit, procure, locate or contact another person to commit an act of prostitution.
(Ord. 4-97 § 1 (part), 1997.)

A. Loiter in or near a school building or grounds, not having any reason or relationship involving custody of or responsibility for a student, or, upon inquiry by a peace officer or school official, not having a specific legitimate reason for being there; or

B. Loiter or prowl in a public place without apparent reason and under circumstances which warrant justifiable alarm for the safety of persons or property in the vicinity and, upon inquiry by a peace officer refuse to identify himself and give a reasonably credible account of his presence and purpose.
(Ord. 3-74 § 4, 1974.)

Chapter 9.40
FIREWORKS

VII. CONSUMER PROTECTION

 
9.62.020 Children confined in vehicles.
A. No person who has under his control or guidance a child under eight years of age shall lock or confine, or leave the child unattended, or permit the child to be locked or confined or left unattended in a vehicle for a period of time longer than fifteen consecutive minutes.

B. It shall be lawful and the duty of a policeman or other peace officer finding a child confined in violation of the terms of this section, to enter the vehicle and remove the child, using such force as is reasonably necessary to effect an entrance to the vehicle where the child may be confined in order to remove the child.
(Ord. 3-74 § 26, 1974.)

A. Knowingly sell, or cause to be sold, tobacco in any form to a person under eighteen years of age;

B. Employ a person under eighteen years of age in or about a cardroom, poolroom, billiard parlor or in any establishment at which any alcoholic liquor is sold for on-premises consumption.
(Ord. 3-74 § 27(1), 1974.)

 
9.64.020 Aiding minor to violate law.
No person shall solicit, aid, abet or cause a person under eighteen years of age to:

A. Violate a law of the United States, or a state, or to violate a city or county ordinance;

B. Run away or conceal himself from a person or institution having lawful custody of the minor.
(Ord. 3-74 § 27(2), 1974.)

Chapter 9.66
MINORS PROHIBITED IN CERTAIN PLACES

 
9.66.020 Permitting minor to engage in certain amusements.
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 eighteen 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.
(Ord.3-74 § 28(2), 1974.)

 
9.66.030 Exception.
This chapter 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 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.
(Ord. 3-74 § 28 (3), 1974.)

Chapter 9.68
ALCOHOLIC LIQUOR - SALE TO OR PURCHASE BY MINOR

 
9.68.020 Attempt to purchase by minor-Possession prohibited.
No person under the age of twenty-one years shall attempt to purchase or acquire alcoholic liquor. Except when such is in a private residence accompanied by his parent or guardian and with such parent's or guardian's consent, no person under the age of twenty-one years shall have in his possession alcoholic liquor.
(Ord. 3-74 § 30(2), 1974.)

 
9.68.030 Possession includes acceptance and consumption.
For the purpose of this chapter, possession of alcoholic liquor includes the acceptance or consumption of a bottle of such liquor, or any portion thereof, or a drink of such liquor. However, this chapter does not prohibit the acceptance or consumption by any person of sacramental wine as part of a religious rite or service.
(Ord. 3-74 § 30(3), 1974.)

Chapter 9.70
MISREPRESENTATION OF AGE BY MINOR

A. As to children under fourteen years who have not begun high school, between 9:15 p.m. and six a.m. of the following morning, except that during the months of June, July and August the hours shall be between 10:15 p.m. and six a.m. of the following morning;

B. As to children fourteen years of age or over, or who have begun high school, the hours shall be between 10:15 p.m. Sunday, Monday, Tuesday, Wednesday or Thursday, and six a.m. of the following morning and between twelve midnight on Friday or Saturday, or any day prior to a legal holiday when no school is scheduled for said legal holiday, and six a.m. the following morning, except that during the months of June, July and August the hours shall be between twelve midnight and six a.m. of the following morning;

C. Any child under the age of eighteen years employeed in selling, delivering or wrapping newspapers shall obtain from the newspaper employeer, and the employeer shall issue to the child employeed, a card showing such employment. A child failing to carry, and produce, such card shall not be deemed to be within the protection of the preceding provision.
(Ord. 23-74 § 1, 1975.)

 
9.72.020 Parental violation-Penalty.
Any parent, guardian or other adult person having the care, custody or control of any child who, after having been notified that such child has once violated the provisions of this chapter, shall knowingly suffer or permit his child or ward to be again upon the streets or any public place in violation of the provisions of this chapter, shall upon conviction be punished by a fine not exceeding the sum of one hundred dollars, or imprisonment for a period of not more than ten days, or by both such fine and imprisonment.
(Ord. 23-74 § 2, 1975.)

 
9.72.030 Custody of child.
All peace officers, juvenile department counselors, state or county welfare department employees or any other person authorized by the juvenile court of the county in which the child resides or is found may take into temporary custody any child violating any of the provisions of this chapter, and for the first violation shall, as soon as practical thereafter, notify the child's parent, guardian or other person responsible for the child of the violation and shall take or send such child home and release the child to the custody of his parent or other responsible person, except where the juvenile court otherwise orders. In case any child under the age of eighteen years shall again violate any of the provisions of this chapter, in addition to the procedures above specified for an initial violation of the terms of this chapter, an appropriate complaint shall be lodged with the juvenile court for such further proceedings as such court may deem appropriate under the circumstances.
(Ord. 23-74 § 3, 1975.)

 
9.82.020 Use of certain weapons prohibited.
No person may shoot a slingshot, bow and arrow or an instrument of any similar type or throw a dagger, spear, stiletto or an instrument of any other type.
(Ord. 3-74 § 10(2), 1974.)

 
9.82.030 Exceptions.
The provisions of this chapter shall not be construed to prohibit the firing or discharging of a weapon by any person in defense or protection of his property, person or family or at firing ranges approved in writing by the chief of police.
(Ord. 3-74 § 10(3), 1974.)

X.PENALTIES

 
9.90.020 Continuing violation.
Each violation of a separate provision of this title constitutes a separate offense, and each day that a violation of this title is committed or permitted to continue constitutes a separate offense.
(Ord. 3-74 § 53(2), 1974.)

 
9.90.030 Maximum penalty.
The maximum penalty for a violation of this title shall not exceed the maximum penalty prescribed for a substantially similar offense proscribed by the Oregon Criminal Code of 1971.
(Ord. 3-74 § 53(3), 1974.)

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