Chapter 5.03
Offenses
Sections:
5.03.010 Article 5.03.010 General
5.03.010.010 Short title.
5.03.010.020 Definitions.
5.03.010.030 Construction of chapter.
5.03.010.040 Offenses - outside City limits.
5.03.010.050 Violations of chapter - continuing.
5.03.010.060 Parties to offenses.
5.03.010.070 Procedures.
5.03.010.080 Citizen complaints.
5.03.010.090 Justification as defense.
5.03.010.100 Voluntary intoxication as defense.
5.03.010.110 Suspect inventories.
5.03.010.120 Criminal records checks.
5.03.020 Article 5.03.020 Posting and distribution of handbills.
5.03.020.010 Definitions.
5.03.020.020 Posting of handbills.
5.03.020.030 Distribution on public property.
5.03.020.040 Distribution on private property.
5.03.020.050 Distribution on vehicles.
5.03.020.060 Removal of unlawful handbills.
5.03.030 Article 5.03.030 Noise.
5.03.030.010 Loud noises prohibited.
5.03.030.020 Specific prohibited noises.
5.03.030.030 Amplified sound permit.
5.03.030.040 Violations.
5.03.040 Article 5.03.040 Alcohol and drugs.
5.03.040.010 Alcohol.
5.03.040.020 Marijuana.
5.03.050 Article 5.03.050 Animal control.
5.03.050.010 Definitions.
5.03.050.020 Owner's duties.
5.03.050.030 Public duties.
5.03.050.040 Prohibited activities.
5.03.050.050 Potentially dangerous animals.
5.03.050.060 Dangerous animals.
5.03.050.070 Impoundment procedures.
5.03.050.080 Animals in parks.
5.03.050.090 Cats.
5.03.060 Article 5.03.060 Assault.
5.03.060.010 Definitions.
5.03.060.020 Assault.
5.03.070 Article 5.03.070 Curfew.
5.03.070.010 Definitions.
5.03.070.020 Prohibition of minors in public.
5.03.070.030 Restricted hours.
5.03.070.040 Duties of parents.
5.03.070.050 Defense.
5.03.080 Article 5.03.080 Prohibited acts.
5.03.080.010 Definitions.
5.03.080.020 Violent conduct.
5.03.080.030 Harassment.
5.03.080.040 Human waste.
5.03.080.050 Disturbance of lawful assemblies.
5.03.080.060 Sexual conduct.
5.03.080.070 Nudity.
5.03.080.080 Prohibited sleeping or lodging.
5.03.080.090 Resisting arrest.
5.03.080.100 Obstruction of justice.
5.03.080.110 False swearing.
5.03.080.120 Initiating a false report.
5.03.080.130 Impersonating a police officer.
5.03.080.140 Intimidation.
5.03.080.150 Aggressive Panhandling.
5.03.080.160 Tobacco products and smoking.
5.03.090 Article 5.03.090 Offenses against property.
5.03.090.010 Theft of services.
5.03.090.020 Interfering with public property.
5.03.090.030 Tampering with or damaging property.
5.03.090.040 Shoplifting.
5.03.090.050 Petty theft.
5.03.090.060 Trespass.
5.03.100 Article 5.03.100 Public ways.
5.03.100.010 Definitions.
5.03.100.020 Obstructing public ways.
5.03.100.030 Playing in street.
5.03.100.040 Selling on public ways.
5.03.100.050 Busking.
5.03.110 Article 5.03.110 Environment.
5.03.110.010 Littering.
5.03.110.020 Weeds.
5.03.120 Article 5.03.120 Weapons.
5.03.120.010 Definitions.
5.03.120.020 Concealed weapons.
5.03.120.030 Discharge of weapons.
5.03.120.040 Bean shooters.
5.03.120.050 Forfeiture of weapons.
5.03.120.060 Possession of weapons by minors.
5.03.130 Article 5.03.130 Children in vehicles.
5.03.130.010 Definition.
5.03.130.020 Confinement of children.
5.03.130.030 Officer to enter vehicle.
5.03.140 Article 5.03.140 Failure to appear.
5.03.140.010 Failure to appear.
5.03.150 Article 5.03.150 Special response fee.
5.03.150.010 Notice provisions.
5.03.150.020 Liability imposed.
5.03.150.030 Authorizing City Manager.
5.03.150.040 Collection.
5.03.150.050 Appeal.
5.03.150.060 Applicability.
5.03.150.070 Remedies.
5.03.160 Article 5.03.160 Penalty.
5.03.160.010 Infractions.
5.03.160.020 Misdemeanors.
5.03.160.030 Classification of misdemeanors.
5.03.160.040 Penalties for misdemeanors.
5.03.160.050 Penalties consistent with State law.
5.03.170 Saving clause.
Section 5.03.010 Article 5.03.010 General
Section 5.03.010.010 Short title.
This Chapter shall be known as the Offenses Chapter of the Municipal Code. (Ord. 82-77 § 100.01, 1982)
Section 5.03.010.020 Definitions.
1) Alley - A street primarily intended to provide access to the rear or side of lots or buildings in urban
areas and not intended for through vehicular traffic.
2) Criminal negligence - Failing to be aware of a substantial and unjustifiable risk that a result will occur
or that a circumstance exists. The risk must be of such nature and degree that the failure to be aware of
it constitutes a gross deviation from the standard of care that a reasonable person would observe in the
situation.
3) Intentionally - Acting with a conscious objective to cause the result or engage in the conduct
described.
4) Knowingly - Acting with an awareness that the conduct of the person is of a nature described or that a
circumstance so described exists.
5) Minor - Any person under the age of 21 years, unless otherwise stated.
6) Person - Any natural person, firm, partnership, association, or corporation.
7) Person in charge of property - An agent, occupant, lessee, contract purchaser, or person other than
the owner having possession or control of the property.
8) Public place - Any building or place open and available to the general public, including all municipal
buildings or any place which can be observed or heard by the general public.
9) Recklessly - Being aware of and consciously disregarding a substantial and unjustifiable risk that a
result will occur or that a circumstance exists. The risk must be of such nature and degree that disregard
thereof constitutes a gross deviation from the standard of care that a reasonable person would observe
in the situation.
10) Shoulder - That portion of the highway, whether paved or unpaved, contiguous to the roadway
primarily for use by pedestrians, for the accommodation of stopped vehicles, for emergency use, and for
lateral support of base and surface courses.
11) Sidewalk - a) On the side of a highway which has a shoulder, that portion of the highway between
the outside lateral line of the shoulder and the adjacent property line capable of being used by a
pedestrian; or, b) on the side of a highway which has no shoulder, that portion of the highway between
the lateral line of the roadway and the adjacent property line capable of being used by a pedestrian.
12) Street - Every road, highway, thoroughfare, alley, and place, including bridges, viaducts, and other
structures within the boundaries
of this City, used or intended for use of the general public for vehicles, except the terms do not include
any road or thoroughfare or property in private ownership. (Ord. 82-77 § 100.01, 1982)
Section 5.03.010.030 Construction of chapter.
In this Chapter, the singular includes the plural and the masculine includes the feminine. (Ord. 82-77 §
100.03, 1974)
Section 5.03.010.040 Offenses - outside City limits.
Where permitted by Oregon law, an act made unlawful by this or any other law of the City of Corvallis
shall constitute an offense when committed on any property owned or controlled by the City, even
though outside the corporate limits of the City. (Ord. 82-77 § 100.04, 1974)
Section 5.03.010.050 Violations of chapter - continuing.
Whenever in this Chapter an act is prohibited or is made or declared to be unlawful or an offense, or the
doing of an act is required or the failure to do an act is declared to be unlawful or an offense, each day a
violation continues shall constitute a separate offense. (Ord. 82-77 § 100.05, 1974)
Section 5.03.010.060 Parties to offenses.
1) A person is guilty of an offense if it is committed by his or her own conduct or by the conduct of
another person for which she or he is liable, or both.
2) A person is liable for the conduct of another person constituting an offense if:
a) She or he is made liable hereby defining the offense; or
b) With the intent to promote or facilitate the commission of the offense, she or he: 1] solicits or
commands such other person to commit the offense, 2] aids or abets or agrees or attempts to aid or
abet such other person in planning or committing the offense, 3] having a legal duty to prevent the
commission of the offense fails to make an effort she or he is legally required to make.
3) In any prosecution for an offense in which liability is based upon the conduct of another person
pursuant to subsection 2) of this section, it is no defense that;
a) Such other person has not been prosecuted for or convicted of any offense based upon the conduct in
question or has been convicted of a different offense; or
b) The offense, as defined, can be committed only by a particular class or classes or persons to which the
defendant does not belong, and the person is for that reason legally incapable of committing the
offense in an individual capacity.
4) Except as otherwise provided hereby defining the offense, a person is not liable for conduct of
another constituting an offense if:
a) She or he is a victim of that offense.
b) The offense is so defined that his or her conduct is necessarily incidental thereto.
5) In addition to the liability of a corporation, firm, partnership, association, or joint stock company
otherwise imposed by the law of this City, such an organization is guilty of an offense if:
a) The conduct constituting the offense is engaged in by an agent or the organization while acting within
the scope of employment and in behalf of the organization, or the offense is one defined by a law that
clearly indicates a legislative intent to impose liability on an organization; or
b) The conduct constituting the offense consists of an omission to discharge a specific duty of
affirmative performance imposed on such organizations by law; or
c) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, or
knowingly tolerated by the board of directors or by a high managerial agent acting within the scope of
employment and in behalf of the organization.
1] As used in this Section:
a] Agent - Any director, officer, or employee of an organization, or any other person who is authorized
to act in behalf of the organization.
b] High managerial agent - An officer of an organization who exercises authority with respect to the
formulation of policy or the supervision in a managerial capacity of subordinate employees, or any other
agent in a position of comparable authority.
6) A person is liable for conduct constituting an offense which she or he performs or causes to be
performed in the name of or in behalf of a corporation, firm, partnership, association, or joint stock
company to the same extent as if such conduct were performed in his or her own name or behalf. (Ord.
82-77 § 100.06, 1974)
Section 5.03.010.070 Procedures.
1) Criminal procedure. Except as otherwise provided by City law, ORS Chapter 156, or ORS Chapter 221,
actions in Municipal Court are prosecuted and the judgments enforced in the manner provided in the
criminal procedure laws of the State of Oregon.
2) Infraction procedure. Except as otherwise provided by City law, infractions in Municipal Court are
prosecuted and the judgments enforced in the manner provided in the infraction procedure laws of the
State of Oregon. (Ord. 82-77 § 100.07, 1974)
Section 5.03.010.080Citizen complaints.
A private person may commence an infraction or misdemeanor charge by signing a complaint verified by
the oath of the person. Upon endorsement by the City Attorney and filing the complaint in Court, the
judge may direct a police officer to serve the summons on the defendant or issue a warrant of arrest for
the defendant. (Ord. 82-77 § 100.08, 1974)
Section 5.03.010.090Justification as defense.
In any prosecution for an offense, "justification," as defined in the Oregon Criminal Code, is a defense.
(Ord. 82-77 § 100.09, 1974)
Section 5.03.010.100Voluntary intoxication as defense.
1) The use of drugs or controlled substances, dependence on drugs or controlled substances, or
voluntary intoxication shall not, as such, constitute a defense to a charge; but in any prosecution for an
offense, evidence that the defendant used drugs or controlled substances, or was dependent on drugs
or controlled substances, or was intoxicated may be offered by the defendant whenever it is relevant to
negate an element of the crime charged.
2) When recklessness establishes an element of the offense, if the defendant, due to the use of drugs or
controlled substances, dependence on drugs or controlled substances, or voluntary intoxication, is
unaware of a risk of which the defendant would have been aware had the defendant been not
intoxicated, not using drugs or controlled substances, or not dependent on drugs or controlled
substances, such unawareness is immaterial. (Ord. 88-50 § 1, 1988; Ord. 82-77 § 100.10, 1974)
Section 5.03.010.110 Suspect inventories.
1) The purpose of this section is to require peace officers to conduct inventory searches of suspects at
time of booking at any secure facility such as, but not limited to, the Law Enforcement Building. Such
inventories are necessary to protect private property while in police custody, to reduce or prevent the
assertion of false claims for lost or stolen property, and to protect people, including officers and
suspects, from any hazardous condition or instrumentality that may be associated with the suspect.
2) Any peace officer who lawfully books a suspect at any secure facility such as, but not limited to, the
Law Enforcement Building, shall conduct an inventory of said suspect’s property as soon as safely
practical. Inventories of suspect’s personal property under this section shall be conducted according to
the policies and procedures of the Corvallis Police Department. (Ord. 99-25 §1, 12/06/1999) (99-25,
Amended, 12/06/1999)
Section 5.03.010.120 Criminal records checks.
1)Policy: In order for the City of Corvallis government to operate effectively, person(s) submitting
applications for certain permits and/or licenses, as authorized or required by this Code or other
Ordinance, require a background check. In these cases, the City of Corvallis Police Department is
authorized to conduct a background investigation to ensure the highest degree of citizen and public
trust and confidence.
2)Procedures for Obtaining Division of Motor Vehicles and Criminal Background Checks:
a) All proceedings allowed under this Section shall be conducted in accordance with ORS 181.555 and
OAR 257-10-025, which establishes procedures for access to criminal records information possessed by
the Oregon State Police through the Law Enforcement Data System, and is supplemented below.
b)Party(s) subject to a background check under the provisions of this Section will be required to
authorize the City to conduct a criminal offender and driving record information check through the OSP
LEDS system.
c)The Police Department will maintain the criminal history authorization forms submitted and signed by
the permit applicants.
d)The Police Department will conduct the criminal history and driving record background checks for all
applicants as required by Municipal Code or other Ordinance. LEDS purpose code “L” will be used to run
the criminal history checks.
e)Any information obtained for review through the OSP LEDS system will only be viewed by a Criminal
Justice Information Systems (CJIS) approved employee of the Corvallis Police Department.
f)The Chief of Police or designee conducting the background check will evaluate the results and either
recommend approval or denial of the permit/license. Specific details learned through LEDS concerning
criminal records are not authorized for release.
3)Savings: If any provision, subsection, provision, clause or paragraph of this Section shall be adjudged
or declared by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall
not affect the validity of the remaining portions of this Section; it is hereby expressly declared that every
provision, subsection, provision, clause or paragraph of this Section enacted, irrespective of the
enactment or validity of the portion hereof declared to be unconstitutional or invalid is valid. Invalidity
of a provision or part of a section of this Section shall not affect the validity of the remaining section or
parts of sections. (Ord. 2010-07 §2, 03/01/2010)
Section 5.03.020 Article 5.03.020 Posting and distribution of handbills.
Section 5.03.020.010 Definitions.
As used in this Section, the following shall mean:
1) Advertisement - A public notice or announcement that is not a "Sign" as defined and regulated by the
Land Development Code.
2) Handbill - Any notice, placard, poster, showbill, dodger, circular, pamphlet, booklet, letter, folder,
sheet, sticker, or banner, that is not a "Sign" as defined and regulated by the Land Development Code.
3) Public officer or employee - A person appointed or employed by a federal, State, or local government.
(Ord. 2011-12 §1, 09/06/2011; Ord. 82-77 §101.01, 1982)
Section 5.03.020.020 Posting of handbills.
No person, except a public officer or employee in the performance of a public duty, shall post, stick,
stamp, paint, or otherwise affix or cause to be done by another any handbill or advertisement upon any
building, wall, or part thereof, or upon any sidewalk, crosswalk, curb or curbstone, lamp post, hydrant,
traffic control or directional sign, shade tree, or tree box or other public place, or upon any fence, gate,
gatepost, or enclosure, or part thereof, awning or awning post, telegraph or telephone poles, barrels or
boxes, except "Signs" as defined and permitted by the Land Development Code. A violation of this
Section is a Class A Infraction. (Ord. 2011-12 §1, 09/06/2011; Ord. 82-77 § 101.02, 1982)
Section 5.03.020.030 Distribution on public property.
No person, except a public officer or employee in the performance of a public duty, shall distribute,
other than by handing from one person to another, or cast, throw, or place any handbill or any
advertisement in or upon any street, sidewalk, alley, or public place. A violation of this section is a Class
A Infraction. (Ord. 82-77 § 101.03, 1982)
Section 5.03.020.040 Distribution on private property.
5.03.020.040.01 No person shall distribute or in any manner place any handbill or advertisement on
private premises if requested not to do so by the owner or person in charge of the property or if there is
placed on the premises in a conspicuous position near the entrance a sign stating "No Trespassing," "No
Peddlers or Agents," "No Advertisement," or similar notice indicating that the occupants of the premises
do not desire to have their right of privacy disturbed or have handbills left on the premises.
5.03.020.040.02 No person shall distribute a handbill or advertisement to or on premises when it is
apparent that a previous day's distribution of advertising matter has not been removed.
5.03.020.040.03 No person shall distribute or in any manner place any handbill or advertisement in or
on private premises which are temporarily or continuously unoccupied or vacant. As used in this section,
"vacant" means empty, contains substantially nothing, and "unoccupied" means the premises are not
used for a place of abode or habitation.
5.03.020.040.04 No person shall distribute a handbill or advertisement to or on premises unless the
handbill is folded or otherwise prepared or placed so that it will not be blown therefrom by the wind.
5.03.020.040.05 Distributors and their agents or employees making the actual distribution of handbills
or advertisements shall utilize only public ways, streets, alleys, or sidewalks and the private walkways
provided for customary approach to private premises to deposit the distributed material.
5.03.020.040.06 This subsection shall not be construed to include or restrain the distribution of the U.S.
mail or newspapers.
5.03.020.040.07 A violation of this section is a Class B Infraction.
(Ord. 82-77 § 101.04, 1982)
Section 5.03.020.050 Distribution on vehicles.
No person, except the owner of an automobile or other vehicle or a public officer or employee in the
performance of a public duty, shall distribute or in any manner place any handbill or advertisement in or
on the automobile or other vehicle. The provisions of this Section shall not prohibit the handing,
transmitting, or distributing of a handbill to an operator or occupant of a vehicle who is willing to accept
the same. A violation of this Section is a Class B Infraction. (Ord. 82-77 § 101.05, 1982)
Section 5.03.020.060 Removal of unlawful handbills.
Any handbill or advertisement prohibited by this Section may be taken down, moved, or destroyed by
anyone.
(Ord. 88-50 § 2, 1988; Ord. 82-77 § 101.06, 1982)
Section 5.03.030 Article 5.03.030 Noise.
Section 5.03.030.010 Loud noises prohibited.
No person shall make, assist in making, continue, or cause to be made any unreasonably loud,
disturbing, or unnecessary noise. (Ord. 82-77 § 102.01, 1982)
Section 5.03.030.020 Specific prohibited noises.
The following acts are declared to be prohibited as unreasonably loud, disturbing, or unnecessary noises
in violation of this Chapter:
5.03.030.020.01 Operating a vehicle or engine, either stationary or moving, so out of repair or so loaded
as to create any loud grating, grinding, rattling, or other noise.
5.03.030.020.02 The sounding of a horn or signaling device except to give notice of the time to begin or
stop work or as a warning of danger.
5.03.030.020.03 Blowing a steam whistle except to give notice of the time to begin or stop work or as a
warning of danger.
5.03.030.020.04 Using a mechanical device operated by compressed air, steam, or otherwise, unless the
noise thereby created is effectively muffled.
5.03.030.020.05 Various/miscellaneous activities, as follows:
1) Erecting, excavating for, demolishing, altering, or repairing a building, roadways, or utilities, other
than between the hours of 7:00 am and 6:00 pm, except in case of urgent necessity in the interest of
public safety.
2) Notwithstanding the time limits of subsection 1) of this Section, the actual owner or person in
possession of property may do work on property actually occupied by that person between the hours of
7:00 am and 9:00 pm.
3) The City Manager may issue a permit authorizing activities otherwise prohibited by this Section
outside of the specified time limits, if the City Manager determines that the public health, safety, and
welfare will not be impaired by such activities and that substantial loss or inconvenience would result to
the applicant unless the permit were granted. The City Manager may impose any reasonable conditions
on the permit, including limiting the hours during which the activities may occur.
5.03.030.020.06 Using a gong or siren upon a vehicle, other than a police, fire, or other emergency
vehicle.
5.03.030.020.07 Creating noise on a street adjacent to a school, institution of learning, church, or court
of justice while the same is in use, or adjacent to a hospital or institution for the care of the sick or
infirm, which noise unreasonably interferes with the operation of such institution or which noise
disturbs patients.
5.03.030.020.08 Discharging in the open air the exhaust of a steam engine, internal combustion engine,
motorboat, or motor vehicle except through a muffler or other device which effectively prevents loud or
explosive noises.
5.03.030.020.09 Making a noise on a public street or in a public place by crying, calling, 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 inviting
patronage of any person to any business whatsoever.
5.03.030.020.10 Sound communication devices, as follows:
1) Playing, using, or operating any radio, musical instrument, phonograph, television set, tape recorder,
loud speaker, or other machine or device for the producing, reproducing, or amplification of sound in
such a manner as to be plainly audible:
a) within any dwelling unit which is not the source of the sound, between the hours of 10:00 p.m. and
7:00 a.m.; or
b) at a distance of 50 feet from the source of the sound.
2) As used in this Section, "plainly audible" means any sound for which the information content of that
sound is unambiguously communicated to the listener, such as, but not limited to, understandable
spoken speech, comprehension of whether a voice is raised or normal, or comprehensible musical
rhythm or vocal sounds.
3) This section does not prohibit the reasonable use of mechanical loud speakers or sound amplifiers in
the course of public events for which a permit has been issued in accordance with Section 5.03.030.030.
5.03.030.020.11 Using, operating, or permitting to be used or operated any mechanical loud speaker,
sound truck, radio, television, or other instrument or sound-producing or sound-amplifying device for
the purpose of entertaining or attempting to entertain or for the purpose of attracting attention to or
inviting persons to a play, festival, picnic, or other event without first obtaining a permit in accordance
with Section 5.03.030.030. (Ord. 82-77 § 102.02, 1982)
Section 5.03.030.030 Amplified sound permit.
The City Manager, upon receiving a fee as provided in Chapter 8.03 as amended, shall issue a permit to
any responsible person or organization for one of those specified purposes listed in Section
5.03.030.020 subsections 10) or 11) on a specified date between specified hours, if the sound will not be
audible for over 150 feet from the speaker and provided that traffic on the streets is not obstructed.
(Ord. 82-77 § 102.03, 1982)
Section 5.03.030.040Violations.
1) Unlawful amplified sound. A violation of Section 5.03.030.020 subsection 10) is a Class C
Misdemeanor.
2) Unlawful noise. Except as provided in subsection 1) of this Section, a violation of any provision of
5.03.030 is a Class A Infraction. (Ord. 88-50 § 2, 1988; Ord. 82-77 § 102.04, 1982)
Section 5.03.040 Article 5.03.040 Alcohol and drugs.
Section 5.03.040.010 Alcohol.
5.03.040.010.01 Definitions.
1) Alcoholic liquor - Any alcoholic beverage containing more than one-half of one percent of alcohol by
volume and every liquid or solid, patented or not, containing alcohol, and capable of being consumed by
a human being.
2) Commission - The Oregon Liquor Control Commission as provided for by the Oregon Liquor Control
Act.
3) Juvenile party - A social gathering attended by one or more persons under the age of twenty-one (21).
4) Licensed premises - The room or enclosure at the address within the corporate limits of the City of
Corvallis for which a license has been issued by the Commission for the serving, mixing, handling, or
selling of alcoholic liquor.
5) Licensee - A person who has an alcoholic liquor license from the Commission authorizing such person
to sell or dispense alcoholic liquor.
6) Oregon Liquor Control Act - The State law so designated by ORS 471.027 and includes the Oregon
Distilled Liquor Control Act as defined by ORS 472.020.
7) Place of residence - A building which regularly or intermittently is occupied by a person for dwelling,
lodging or sleeping purposes, whether or not the person is actually present.
8) Sell - Includes soliciting or receiving an order for or keeping, offering, or exposing for sale, delivering
for value, or in any way other than gratuitous, peddling, keeping with intent to sell, to traffic in, for any
consideration, promised or obtained, direct or indirect, or under any pretext or by any means, procuring
or allowing to be
procured alcoholic liquor for any other person. (Ord. 91-28 § 1 (part.), 1991; Ord. 82-77 § 103.01, 1982)
5.03.040.010.02 Providing alcoholic liquor to certain persons prohibited.
1) No one other than the person's parent or guardian shall sell, give, or otherwise make available any
alcoholic liquor to a person under the age of 21 years. A person violates this subsection who sells, gives,
or otherwise makes available alcoholic liquor to a person with the knowledge that the person will violate
this subsection.
2) A violation of this Section is a Class A Misdemeanor. Upon conviction, the Court shall impose at least a
mandatory minimum sentence:
a) Upon a first conviction, a fine of $350;
b) Upon a second conviction, a fine of $1,000; and,
c) Upon a third conviction, a fine of $1,000 and not less than 30 days of imprisonment.
3) The mandatory minimum penalty provisions of subsection 2) of this Section shall not apply to persons
licensed or appointed by or through the Commission.
5.03.040.010.03 Purchase or possession of alcoholic liquor by minors.
1) The City of Corvallis adopts ORS 471.430 in its entirety.
2) No person under the age of 21 years shall attempt to purchase, purchase or acquire alcoholic liquor.
Except when such minor is in a
private residence accompanied by the parent or guardian of the minor and with such parent’s or
guardians’s consent, no person under the age of 21 years shall have personal possession of alcoholic
liquor.
3) For purposes of this section, personal 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
section does not prohibit the acceptance or consumption by any person of sacramental wine as part of a
religious rite or service.
4) Except as authorized by rule or as necessitated in an emergency, no person under the age of 21 years
shall enter or attempt to enter any portion of a licensed premises that is posted or otherwise identified
as being prohibited to the use of minors.
5) Any person who violates subsection (2) or (4) of this section commits a Class B violation.
6) In addition to and not in lieu of any other penalty established by law, a person under the age of 21
years who violates subsection (2) of this section through misrepresentation of age may be required to
perform community service and the court shall order that the person’s driving privileges and right to
apply for driving privileges be suspended for a period not to exceed one year. If a court has issued an
order denying driving privileges under this section, the court, upon petition of the person, may withdraw
the order at any time the court deems appropriate. The court notification to the Department of
Transportation under this subsection may include a recommendation that the person be granted a
hardship permit under ORS 807.240 if the person is otherwise eligible for the permit.
7) In addition to and not in lieu of any penalty established by law, the court:
a) Shall order a person who is at least 18 years of age and not more than 21 years of age, who is
convicted of violation of this section and who has been convicted of violation of this section at least
once before when the person was at least 18 years of age, to undergo assessment and treatment as
provided in ORS 471.432.
b) May order a person who is at least 18 years of age and not more than 21 years of age and who is
convicted of violation of this section to undergo assessment and treatment as provided in ORS 471.432.
8) The prohibitions of this section do not apply to a person under the age of 21 years who is acting
under the direction of the Oregon Liquor Control Commission or under the direction of state of local law
enforcement agencies for the purpose of investigating possible violations of laws prohibiting sales of
alcoholic beverages to persons who are under the age of 21 years.
9) The prohibitions of this section do not apply to a person under the age of 21 years who is acting
under the direction of a licensee for the purpose of investigating possible violations by employees of the
licensee of laws prohibiting sales of alcoholic beverages to persons who are under the age of 21 years.
(Ord. 2003-03 §1, 01/21/2003; 2002-38 §1, 11/04/2002)
5.03.040.010.04 Misrepresentation of true age of minor.
1) No minor shall falsely represent that she or he is of any age other than his or her true age, or produce
any evidence that would falsely indicate his or her age, for the purpose of securing any right, benefit, or
privilege denied minors by Section 5.03.040.010.
2) No person shall falsely represent a minor to be 21 years of age or older for the purpose of securing or
assisting such minor in securing any right, benefit, or privilege denied to minors by this Section.
3) A violation of this section is a Class A Infraction.
5.03.040.010.05 Defense of written age statement.
If a licensee or an employee or agent is prosecuted in the Municipal Court for selling alcoholic liquor to a
minor or permitting a minor to consume alcoholic liquor or to enter or loiter upon the licensed
premises, the licensee or his or her employee or agent may offer in defense any written statement
made by or for such minor prior to the violation, which statement was made and taken pursuant to the
laws of Oregon and the rules and regulations of the Commission, and such statement shall constitute a
prima facie defense.
5.03.040.010.06 Consumption of alcoholic liquor, possession of open container of alcoholic liquor in
public places prohibited.
1) Except as otherwise allowed by law, no person shall drink or consume any alcoholic liquor, or possess
any open container of alcoholic liquor while in or upon any street, alley, public grounds, building, or
place open and available to the general public, or while in a motor vehicle on premises open to the
public.
2) A violation of this Section is a Class C Misdemeanor.
5.03.040.010.07 Arresting officer to seize property.
When an officer arrests any person for violation of Section 5.03.040.010, the officer may take into his or
her possession all alcoholic liquor which the person arrested has in his or her possession, or on the
premises, which apparently is being used or kept in violation of Section 5.03.040.010. If the person
arrested is convicted and the Court finds that the alcoholic liquor has been used in violation or this
Section, such forfeiture proceedings as are authorized by ORS 471.605, 471.610, and 471.615 may be
instituted.
5.03.040.010.08 Prohibited sales.
1) No licensee shall sell or offer for sale any alcoholic liquor in a manner, or to a person, other than
permitted by the license issued by the Commission.
2) A violation of this Section is a Class C Misdemeanor.
5.03.040.010.09 Liquor Commission to be notified.
When a conviction is obtained against any licensee of the Commission for a violation of Section
5.03.040.010 or a conviction is obtained against any person where the violation of Section 5.03.040.010
was committed on a licensed premise, the Municipal Court shall notify the Oregon Liquor Control
Commission of such conviction.
5.03.040.010.10 Hosting party for minors.
1) No person shall permit, allow or host a juvenile party at his or her place of residence or premises
under the person's control while alcoholic liquor is consumed or possessed by any minor.
2) It shall be a defense to this Section that the alcoholic liquor is provided by the minor's parent or
guardian in accordance with this Chapter.
3) A violation of this Section is a Class A misdemeanor. (Ord. 92-02 § 1, 1992; Ord. 91-28 § 2, 1991; Ord.
82-77 §§ 103.01.02--103.01.09, 1982)
Section 5.03.040.020 Marijuana.
5.03.040.020.01 Definitions.
For the purposes of this Section, the following definitions shall apply:
1) Marijuana - The dried leaves, stems, and flowers of the plant Cannabis family Moraceae.
2) Practitioner - A physician, dentist, veterinarian, scientific investigator, certified nurse practitioner,
physician's assistant, or other person licensed, registered, or otherwise permitted by law to dispense,
conduct research with respect to, or to administer a controlled substance in the course of professional
practice or research in this state but does not include a pharmacist or a pharmacy.
(Ord. 82-77 § 103.02, 1982)
5.03.040.020.02 Possession of marijuana.
1) No person shall knowingly or intentionally possess marijuana, in an amount less than one avoirdupois
ounce, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a
practitioner while acting in the course of professional practice or except as otherwise authorized by
State law.
2) A violation of this Section is punishable by a fine of not less than $500 and not more than $1,000.
5.03.040.020.03 Diversion.
1) A person charged with the offense of possession of less than an ounce of marijuana may be eligible
for a diversion agreement, if the offense for which the defendant is before the Court is the defendant's
first offense, and the defendant files with the Court a petition for a possession of marijuana diversion
agreement.
2) Possession of marijuana diversion petitions shall be available to a defendant at the Court. The petition
form shall conform to the requirements of State law.
3) Diversion procedures shall be as prescribed by State statutes for possession of marijuana diversion
agreements. (Ord. 89-49 § 1, 1989; Ord. 88-50 § 3, 1988; Ord. 82-77 §§ 103.02.02--103.02.03, 1982)
Section 5.03.050 Article 5.03.050 Animal control.
Section 5.03.050.010 Definitions.
1) Animal - Means any domestic dog, domestic cat, reptile, livestock, wild animal, or wildlife.
2) Animal control officer - The Animal Control Officer of the City of Corvallis or other person designated
by the City Manager.
3) At large - Off the premises of the animal's owner and not restrained by a handheld leash not
exceeding six feet in length.
4) Dangerous animal - Any animal owned by a person which:
a) Causes serious physical injury or death to any person; or
b) Causes the death of another animal while at large or off the property of the owner; or
c) Having been previously designated a potentially dangerous animal under Section 5.03.050.050.01, the
animal causes physical injury to
any person; provided, however, this subsection shall not include an animal which injures a person over
12 years of age trespassing on the owner's premises or a person tormenting or abusing the animal; or
d) Is a wild animal; or
e) Is a dog trained for dog fighting or kept, harbored, or possessed primarily or in part for the purpose of
dog fighting.
5) Euthanized - Put to death in a humane manner by a licensed veteri-narian or certified Oregon
euthanasia technician.
6) Humane Society - Heartland Humane Society, Inc. or its successor.
7) Leash - Any device constructed of rope, leather strap, chain, or other sturdy material not exceeding 6
feet in length, held in the hand of a person capable of controlling the animal to which it is attached.
8) Livestock - Horses, mules, jackasses, cattle, llamas, sheep, goats, swine, domesticated fowl, and any
fur-bearing animal bred and maintained commercially or otherwise, within pens, cages, and hutches.
9) Officer - A police officer or the Animal Control Officer of the City.
10) Owner or owned by - Any person who has a right of property in, or who harbors or keeps, or who
maintains custody of, or who knowingly permits to remain on or about the person's premises, an animal.
Owner does not include licensed veterinarians or kennel operators temporarily maintaining on their
premises animals owned by other persons for a period of not more than 30 days.
11) Physical injury - Impairment of physical condition or substantial pain.
12) Potentially dangerous animal - Any animal owned by a person which:
a) Bites, attacks, molests, or threatens, including but not limited to baring teeth, lunging, charging or
snapping at, or scratching, circling, ramming, or butting, any person or animal; or
b) Chases persons or vehicles; or
c) Not having previously been designated a potentially dangerous animal under 5.03.050.050.01, the
animal causes physical injury to a person or animal; or
d) By nature, disposition, conduct, training, or size, creates a risk of danger to any person, animal, or
property while on or off the premises of its owner.
1] A potentially dangerous animal shall not include an animal which bites, attacks, molests, threatens, or
injures a person over 12 years of age trespassing on the owner's premises or a person tormenting or
abusing the animal.
13) Serious physical injury - Physical injury which creates a substantial risk of death or which causes
serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment
of the function of any bodily organ.
14) Wild animal - Means, but is not limited to poisonous snakes and other reptiles which by their nature
or physical makeup present a risk of serious physical injury or death to persons or animals; any of the
following mammals: lion, tiger, leopard, cheetah, ocelot or other cat except the species Felis catus
(domestic cat); wolf or other canine except the species Canis familiaris (domestic dog); monkey, ape,
gorilla, or other non-human primate; bear; beaver; fox; marten; mink; muskrat; otter; raccoon; and
other undomesticated animals which by their nature or physical makeup present a risk of serious
physical injury or death to persons or animals.
15) Wildlife - Any undomesticated and unowned mammal, bird, or fish that is wild by nature, including
but not limited to ducks, geese and other waterfowl, and deer. (Ord. 82-77 §§ 104.01, 104.05.01,
104.06.01 1982)
Section 5.03.050.020Owner's duties.
5.03.050.020.01 Licensing.
1) No person owning or having custody of a dog shall fail to obtain and display upon the dog a license as
required by the Benton County Dog Control Ordinance.
2) A violation of this Section is a Class B Infraction. 5.03.050.020.02 Rabies control.
1) No person shall own, keep, or harbor any dog over six months of age unless the dog is vaccinated for
rabies. The provisions of this Section do not apply to animals owned by a licensed research facility or
government operated or licensed animal shelter.
2) Whenever any animal bites a person in such a manner that the bite breaks the skin, the person and
the owner of the animal shall immediately notify the Animal Control Officer and give such details as are
required for the Animal Control Officer to enforce the provisions of this Section.
3) When an officer has grounds to suspect that an animal is infected with the disease of rabies, the
officer shall deliver to the owner of the animal a written notice thereof. The owner thereupon shall
quarantine the animal for ten (10) days. The biting of any person by the animal shall constitute adequate
grounds for suspecting the animal to be so infected. The delivery of the notice to a responsible person
fifteen (15) years of age or older residing upon the premises where the animal is kept shall be
considered a delivery of the notice to the owner or person in charge of the animal.
4) Any animal required to be quarantined shall be confined at the owner's expense in a veterinary
hospital, the Humane Society, or a kennel approved by the Animal Control Officer. At the sole discretion
of the Animal Control Officer, the animal may be quarantined on property designated by the Animal
Control Officer upon signing an "Agreement of Confinement" as outlined in subsection 6).
5) If an animal exhibits symptoms of rabies while it is under quarantine, the officer may order, in writing,
that the animal be destroyed and that the animal's head be submitted as directed to the Oregon State
Public Health Laboratory.
6) Agreement of Confinement. When the Animal Control Officer concludes that an animal under
quarantine for possible rabies infection can be safely maintained at the animal's current residence,
rather than impounded, the owner must sign an "Agreement of Confinement." The "Agreement of
Confinement" shall state the conditions under which the animal may continue to remain at its current
residence. Such agreement shall be prepared and executed by the Animal Control Officer and shall
provide that:
a) the animal must remain confined to the designated property at all times;
b) the animal may not be sold or given to any other person;
c) the animal at all times must wear a color-designated tag indicating that it is currently under
confinement;
d) the animal must be surrendered upon demand of the Animal Control Officer if it exhibits symptoms of
rabies; and
e) the animal's owner shall be fully responsible for any subsequent damage caused by the animal while
under confinement and shall agree to defend, indemnify, and hold the City harmless against any claim or
award for such damages.
7) No person shall fail to comply with the provisions of this Section of the terms of the "Agreement of
Confinement." A violation of subsection 1), 2), 4), or 6) of this Section is a Class A Misdemeanor.
5.03.050.020.03 Animal waste.
1) No person shall permit or allow to accumulate or remain in, on, or about any yard, lot, place, or
premises owned by or resided in by such person any dead animals, or the refuse or offensive part of any
dead animals, or any animal waste or excrement; nor shall such person suffer such yard, lot, place, or
premises, to be or remain in such condition as to cause or create noisome or offensive smell or
atmosphere or thereby to become, cause, or create a public nuisance.
2) No owner shall permit any dead animal or part thereof to remain upon a street or public place, or
private property for a period of time longer than is reasonably necessary to remove or dispose of such
dead animal or part thereof.
3) A violation of this Section is a separate Class A Infraction each day that the violation continues.
5.03.050.020.04 Scoop law.
1) No person shall allow a dog owned by or under the person's control to defecate on property other
than the owner's without immediately thereafter picking up and disposing of the excrement.
2) A violation of this Section is a Class B Infraction.
5.03.050.020.05 Animal noise.
1) No person shall keep within the City limits any animal which causes frequent or long continued, loud
noise which disturbs the comfort, repose, health or peace of others.
2) An animal may be taken up and impounded as provided in Section 5.03.050.070 when it is the subject
of a violation of this Section if the officer is unable to locate the owner of the animal or the owner of the
animal is unable or unwilling to cease the violation.
3) A violation of subsection 1) of this Section is a separate Class A Infraction each day that the violation
continues.
5.03.050.020.06 Animal housing and restraint.
1) Housing structures shall be sound and maintained in good repair to protect animals from injury, safely
confine any animal housed therein, and prevent entry of other animals that may be dangerous to the
animals for which the enclosure is meant. Housing structures for dogs shall, in addition, be dry and
adequately sealed to prevent cold air and moisture from entering the enclosure.
2) Outdoor facilities shall provide protective shading and adequate shelter areas designed to minimize
harmful exposure to weather conditions for those animals not acclimatized to the environment.
3) The primary enclosure for dogs shall be of sufficient size to permit each dog housed therein to stand
freely, sit, turn about and lie in a comfortable normal position.
4) When restraining devices are used in connection with a primary enclosure intended to permit
movement outside the enclosure, such devices shall be installed in a manner to prevent entanglement
with the devices of other animals or objects and shall be fitted to the animal by a harness or well-fitted
collar, other than a choke type collar, and shall not be shorter than three times the length of the animal
as measured from the tip of its nose to the base of its tail.
5) Excrement shall be removed from primary enclosures and areas as often as necessary to prevent
contamination, reduce disease hazards and minimize odors. Storage of food supplies and bedding
materials shall be designed to prevent vermin infestation.
6) A violation of this Section is a separate Class A Infraction each day that the violation continues.
7) Livestock.
a) No person shall possess, maintain, or keep livestock, other than domesticated fowl or fur- bearing
animals within pens, cages, and hutches, within the City unless the person has registered the animals
with the Animal Control Officer. The registration shall include the number and type of animals, their
location, and the names and phone numbers of persons who can respond to any emergency involving
the animals in the owner's absence.
b) No person shall lead, drive, or ride any livestock upon any sidewalk within the City.
c) A violation of this Section is a separate Class A Infraction each day that the violation continues.
(Ord. 82-77 § 104.02, 1982)
Section 5.03.050.030Public duties.
5.03.050.030.01 Aiding injured animals.
1) Any person operating a vehicle, as that term is defined in the Oregon Vehicle Code, who runs over,
strikes, injures, maims, or kills any animal shall immediately stop and:
a) make a reasonable effort to determine the nature of the animal's injuries and give reasonable
attention to the animal;
b) take reasonable steps to notify the owner of the animal; and
c) notify an officer.
2) The animal's owner shall be liable for any injuries caused to the animal in any such situation.
3) A violation of subsection 1) of this Section is a Class B Infraction.
5.03.050.030.02 Injured or sick dogs and cats.
1) Any officer or Humane Society employee may take any injured or sick dog or cat to a veterinarian if
the dog or cat bears any current license issued by an Oregon county or other identification which
reasonably indicates that the animal is owned by some person. If the owner cannot be identified, the
City shall guarantee a payment not to exceed $25.00 for any emergency treatment given to the animal.
2) Any injured or sick dog or cat which does not bear identification indicating ownership by some person
shall be delivered to the Humane Society. Humane Society personnel shall give the animal appropriate
attention. Any officer or Humane Society employee may euthanize the animal to alleviate suffering.
3) Any officer or Humane Society employee who cares or provides for any animal under this section shall
be immune from civil or criminal liability based upon an allegation that the care was negligently
provided. (Ord. 82-77 § 104.03, 1982)
Section 5.03.050.040Prohibited activities.
5.03.050.040.01 Chasing, harassing, or culling wildlife.
1) No person shall chase, harass, molest, or disturb any wildlife within the City, except in lawfully angling
for or trapping, or in the case of an employee of the City authorized to cull such wildlife through a valid
Oregon Department of Fish and Wildlife permit.
2) A violation of this Section is a Class A Infraction. (Ord. 2010-21 §1, 10/18/2010) 5.03.050.040.02
Trapping of animals.
1) No person shall place, or cause to be placed, any trap designed to kill, maim, or injure any animal
other than a rodent within the City without the written permission of the City Manager.
2) A violation of this section is a Class A Infraction. 5.03.050.040.03 Tethering animals.
1) No person shall attach any animal by the use of any device to:
a) any tree, pole, parking meter, sign, building, fire hydrant, vehicle, or other object on a public street,
alley, parking lot, sidewalk, right-of-way, or premises open to the public;
b) any object or premises other than the person's own without permission of the owner of such object
or premises;
c) any object on private premises in a manner which would allow the animal to have access to any public
street, alley, parking lot, sidewalk, right-of-way, or premises open to the public.
2) A violation of this Section is a Class B Infraction. 5.03.050.040.04 Leash law.
1) Except as permitted in subsection 5.03.050.040.10 of this Section, no dog shall be at large within the
City. No person shall permit or allow any dog owned by the person to be at large in the City.
2) The City Manager shall take such action as deemed reasonably necessary to cause each dog at large
to be taken up and impounded as provided in Section 5.03.050.070.
3) A violation of subsection 1) of this Section is a Class B Infraction.
5.03.050.040.05 Animal at large.
1) Except as provided in subsection 5.03.050.040.04 and subsection 5.03.050.040.10 of this Section
concerning dogs, and subsection 5.03.050.090.02 concerning cats, no person shall permit or allow any
animal owned by the person to be at large in the City of Corvallis.
2) The City Manager shall take such action as deemed reasonably necessary to cause each animal at
large to be taken up and impounded as provided in Section 5.03.050.070.
3) Notwithstanding any other provision of this Section to the contrary, animals of the bovine species,
horses, mules, asses, sheep, goats, and swine shall be taken up and disposed of in the manner provided
by ORS Chapter 607.
4) A violation of subsection 1) of this Section is a Class A Infraction.
5.03.050.040.06 Unprovoked attack.
1) No person shall permit or allow an animal owned by the person to make an unprovoked attack on a
person or animal.
2) A violation of this Section is a Class A Misdemeanor.
3) A person convicted of violating this Section, in addition to complying with the sentence imposed, shall
make full restitution to the injured person or owner of the injured animal for the actual damages
resulting from the unprovoked attack.
5.03.050.040.07 Damage to property.
1) No person shall permit or allow an animal owned by the person to damage the property, including
gardens, shrubs, or other plantings, of any person other than the owner of the animal.
2) A violation of this Section is a Class C Misdemeanor.
3) A person convicted of violating this Section, in addition to complying with the sentence imposed, shall
make full restitution to the owner of the property for the actual damages resulting from the animal's
behavior.
5.03.050.040.08 Cruelty to animals.
1) No person shall torture, mutilate, repeatedly strike, injure, or needlessly kill any animal, nor shall any
person transport or permit to be transported any animal in a cruel and inhumane manner.
2) No person shall fail to provide any animal in the person's custody adequate food, drink, sanitary
conditions, protection from the elements, and veterinary care.
3) No person shall place or distribute any poison or other substance with the intent of poisoning any
animal, except those animals commonly recognized as pests or rodents.
4) No person shall confine an animal within or on a motor vehicle at any location under such conditions
as may endanger the health or well-being of the animal, including, but not limited to, dangerous
temperature, lack of food, water, or attention, or confinement with another animal dangerous to the
animal.
5) A violation of subsection 1), 2), 3), or 4) of this Section is a Class A Misdemeanor.
6) Any officer is authorized to remove and impound, as provide in Section 5.03.050.070, any animal at
any location when it is the subject of a violation of this Section and the officer reasonably believes that
the animal's health or well-being is in danger.
7) No officer shall be held criminally or civilly liable for action under this Section, provided the officer
acts in good faith, on probable cause or reasonable suspicion, and without malice.
5.03.050.040.09 Animal abandonment.
1) No person shall knowingly leave an animal whether or not owned by the person at a location without
providing for the animal's continued care.
2) It is not a defense that the person left the animal at or near an animal shelter, veterinary clinic, or
other place of shelter if the person did not make reasonable arrangements for the care of the animal.
3) A violation of subsection 1) of this Section is a Class A Misdemeanor.
5.03.050.040.10 Dogs off-leash in parks.
1) Notwithstanding any provision herein, dogs are allowed in designated special use park areas as listed
in Section 5.03.050.080.04.
5.03.050.040.11 Wild Turkeys.
1) No person shall intentionally, knowingly, recklessly or with criminal negligence, place or allow to be
placed in any manner food or other attractants attracting or feeding wild turkeys.
2) A violation of this Section is a Class A infraction. (Ord. 2010-21 §1, 10/18/2010; Ord. 2009-11 §1,
07/20/2009; Ord. 93-05 §1, 1993; Ord. 92-05 §1, 1992; Ord. 91-04 §§1--3, 1991; Ord. 82-77 §104.04,
1982)
Section 5.03.050.050Potentially dangerous animals.
5.03.050.050.01 Designation of potentially dangerous animal.
1) The Animal Control Officer shall designate an animal as a potentially dangerous animal if the animal
has engaged in any behavior specified in Section 5.03.050.010.
2) The Animal Control Officer's designation shall be based upon reasonable investigation by an officer
upon the officer's written report. The report shall include written statements of the officer or other
witness who personally observed the animal's behavior.
3) The Animal Control Officer shall give the animal's owner written notice, by certified mail or personal
service, of the animal's designation. The written notice shall include a summary of the circumstances
giving rise to the designation, a list of the requirements concerning the keeping of the animal, and shall
be signed by the Animal Control Officer.
4) The owner may appeal the Animal Control Officer's designation of the animal by applying to the
Municipal Court for a hearing. The application shall be in writing and filed in the Court within ten (10)
days of the date the notice of designation was mailed or served, and must be accompanied by a hearing
fee of $25.00. The matter shall be tried in the same manner as an infraction, and the Court shall
determine, by a preponderance of the evidence, whether the animal engaged in the behavior specified
in the Animal Control Officer's notice. The Court's determination that the animal engaged in the
specified behavior shall be an affirmance of the Animal Control Officer's designation of the animal, and
the owner thereupon shall comply with the requirements concerning the keeping of the animal as
specified in the Animal Control Officer's designation notice.
5.03.050.050.02 Requirements for keeping potentially dangerous animal. The owner of a potentially
dangerous animal as designated under Section 5.03.050.050.01 shall:
1) Confine or enclose the animal to prevent it from interfering with the public's legal access to the
owner's property or from reaching any public sidewalk or road or adjoining property, and to reasonably
prevent entry by persons 12 years of age and under;
2) Affix to a collar worn by the animal at all times a suitable tag issued by the Animal Control Officer
identifying the animal as a potentially dangerous animal;
3) If the animal is a dog, enroll and participate in and complete, together with the dog, a dog obedience
class within 90 days after the animal's designation as a potentially dangerous animal;
4) Maintain liability insurance, post a bond, or make other showing of financial responsibility for liability
in the amount of $100,000.00;
5) Notify the Animal Control Officer in writing of any change of ownership or address of the animal
within ten days of the change. The requirements of subsection 5.03.050.050.02 apply to any person who
is transferred the ownership of or who keeps a potentially dangerous animal.
6) A violation of this Section is a separate Class A Infraction each day that the violation continues.
5.03.050.050.03 Potentially dangerous animal at large.
1) No person shall allow any potentially dangerous animal owned or controlled by the person to be at
large in the City.
2) As used in this Section, a potentially dangerous animal is an animal:
a) designated as such under subsection 5.03.050.050.01; or
b) which has engaged in any of the behavior specified in Section 5.03.050.010, whether or not the
animal has been designated a potentially dangerous animal.
3) Any potentially dangerous animal at large in the City shall be taken up and impounded by an officer as
provided in Section 5.03.050.070. If, after reasonable diligence, the animal cannot be caught or
subdued, the animal may be summarily destroyed by an officer.
4) A violation of subsection 1) of this Section is Class A Misdemeanor.
5) It shall be a defense to any action brought by a person against an officer or Humane Society employee
for destroying an animal at large in the City if the animal destroyed was a potentially dangerous animal
or if the officer or Humane Society employee had good cause to believe that the animal was potentially
dangerous. (Ord. 82-77 § 104.05, 1982)
Section 5.03.050.060Dangerous animals.
5.03.050.060.01 Designation of dangerous animal.
The Animal Control Officer shall designate an animal as a dangerous animal if the animal has engaged in
any behavior or has a status specified in Section 5.03.050.010. The investigation, notice, and hearing
procedures shall be those specified in Section 5.03.050.050.01 subsections 2), 3), and 4).
5.03.050.060.02 Prohibition of dangerous animals.
1) No person shall own, keep, harbor, or possess any dangerous animal.
2) The prohibition of this Section shall not apply to the temporary keeping of such animals by a licensed
veterinarian for purposes of treatment of the animal or education of other persons; nor to the keeping
or use of such animals by police or other law enforcement agencies for law enforcement purposes; nor
to dangerous animals kept upon the express approval of the Court as provided in Section
5.03.050.060.03.
3) A violation of this Section is a Class A Misdemeanor.
5.03.050.060.03 Impoundment and destruction of dangerous animals.
1) Any dangerous animal shall be taken up and impounded by an officer as provided in Section
5.03.050.070.
2) If, upon hearing under Section 5.03.050.070.04, the Court determines that the animal is a dangerous
animal, the Court may further determine whether the animal may be kept at a suitable location. The
Court may permit the owner to keep the animal, considering the welfare of the animal and the public's
health, safety, and welfare, on any terms the Court finds just. As conditions of keeping the animal; the
owner shall:
a) maintain liability insurance, post a bond, or make other showing of financial responsibility for liability
in the amount of $300,000.00; and
b) confine the animal within a suitable structure or enclosure approved by the Animal Control Officer.
c) when the animal is outside of its enclosure, hold the animal on a handheld leash and keep the animal
muzzled.
3) The owner of the animal shall have the burden of proving by clear and convincing evidence that the
animal may be kept at a suitable location. Unless the Court expressly approves the owner's continued
keeping of the animal under subsection 2) of this Section, any dangerous animal shall be euthanized.
(Ord. 82-77 §§ 104.06.02--104.06.04, 1982)
Section 5.03.050.070Impoundment procedures.
5.03.050.070.01 Applicability.
The impoundment procedures of Section 5.03.050.070 apply when impoundment of an animal is
authorized by a provision herein.
5.03.050.070.02 Notice.
Upon taking up and impounding an animal by an officer, or as soon as practicable thereafter, the officer
shall give the owner of the animal, or leave in a conspicuous, secure place at the owner's premises or
the premises where the animal was taken up, written notice or the impoundment. The written notice
shall include a summary of the circumstances, shall inform the owner where the animal is being
impounded and that the animal will be deemed relinquished if not claimed within 72 hours, and be
signed by the officer. If the animal taken up bears a current Benton County dog license or bears
sufficient information on a tag or collar to determine the owner's address or phone number, the Animal
Control Officer may give notice by telephone or ordinary mail to the owner that the animal has been
taken up and impounded.
5.03.050.070.03 Release.
If the owner of an impounded animal, or the owner's representative or agent, fails to claim an animal
within 72 hours after the officer has given written notice of the impoundment, excluding Sundays and
City holidays, the owner shall be deemed to have relinquished the animal. In the case of mailed notice,
the 72-hour period shall not begin until 5:00 p.m. of the day after the notice is mailed, excluding
Saturdays, Sundays, and City holidays. The following apply to this Section:
1) An owner shall not be deemed to have relinquished the animal if the owner makes satisfactory
arrangements within 72 hours to claim the animal within three days thereafter and the animal is in fact
claimed.
2) An animal shall not be released unless all applicable impoundment fees under Section 104.07.06 have
been paid. An animal shall be deemed relinquished if impoundment fees are not paid in full.
3) The animal may be released only upon order of the Municipal Court as provided in Section
5.03.050.070.04 if it was impounded due to any of the following violations:
a) Noise (Section 5.03.050.020.05);
b) Cruelty to animals (Section 5.03.050.040.07);
c) Potentially dangerous animal at large (Section 5.03.050.050.03);
d) Dangerous animal (Section 5.03.050.060.03).
5.03.050.070.04 Hearing. W here the animal can be released only by Court order, at any time within 72
hours after the officer gives written notice of the impoundment, excluding Sundays and City holidays,
the owner of the impounded animal may apply to the Municipal Court for a hearing concerning
disposition of the animal. The application shall be in writing and accompanied by a hearing fee of
$25.00. Upon receiving an application for a hearing, the Municipal Court shall notify the Humane Society
that the animal is not to be deemed relinquished pending hearing on the matter. The Court shall set a
time for hearing forthwith. Upon hearing, and subject to Section 5.03.050.060.04 2) concerning
dangerous animals, the Court may permit the release of the animal to the owner considering the
welfare of the animal and the public's health, safety, and welfare, on any terms the Court finds just.
5.03.050.070.05 Relinquishment.
If the owner fails to claim the animal within 72 hours or pay impoundment fees, or does not request a
hearing, then the owner is deemed to have relinquished the animal. The owner of an impounded animal
may relinquish all ownership of the animal upon signing a release. Upon the signing of such release, the
animal shall be deemed relinquished. A relinquished animal, other than a dangerous animal, may be
purchased by any person or the animal may be euthanized. A dangerous animal shall be euthanized.
5.03.050.070.06 Impoundment fee.
1) The City Manager shall determine fair and equitable impoundment fees and from time to time shall
revise the impoundment fees as reasonably deemed necessary to place the City's activities in taking up
an impounding animal and enforcing the Animal Control Section on a self-sustaining basis.
2) The owner of an animal is liable for all costs to impound, house and maintain, and euthanize the
animal, whether or not the owner claims the animal.
5.03.050.070.07 Records.
The City Manager shall keep records concerning each animal which is taken up and impounded. The
records shall include the date, time, and place at which each animal is taken up; a general description of
the animal; a notation of any license number or other identification attached to the animal; the date,
time, and manner in which notice of the impoundment is given to the owner; and the date and manner
of disposition. (Ord. 82-77 § 104.08, 1982)
Section 5.03.050.080 Animals in parks.
5.03.050.080.01 Horses, ponies, and equines in parks.
1) No person shall ride or lead any horse or pony or other equine in any park except upon a roadway,
designated parking area, or designated bridle path.
2) A violation of this Section is a Class B Infraction. 5.03.050.080.02 People parks.
1) All dogs, except seeing-eye dogs, whether on leash or otherwise, are hereby prohibited from the
following parks:
a) Chintimini Park,
b) Central Park,
c) Franklin Square,
d) Lilly Park, and
e) That portion of Washington Park including the children's play area, bounded by the sidewalk on the
west and north sides, 7th Street on the east side, and the adjoining private property on the south side.
2) This prohibition does not apply to those activities approved in writing by the City Manager.
3) A violation of this Section is a Class B Infraction.
5.03.050.080.03 Open parks.
All parks, except People Parks listed in Section 5.03.050.080.02, whether existing on or acquired after
the effective date of this Chapter, are open parks. Dogs are permitted in open parks subject to all other
provisions of the Animal Control Section. (Ord. 82-77 § 104.08, 1982)
5.03.050.080.04 Dogs off-leash in parks.
1) Notwithstanding any provision herein to the contrary, dogs are allowed in the following parks in
special use areas designated for dogs off-leash as long as the owner is physically present with the dog
and the dog is under the owner's control:
a) Woodland Meadow Park,
b) Willamette Park,
c) Dr. Martin Luther King, Jr. Park,
d) Chip Ross Park, and
e) Bald Hill Park.
2) The new areas are to be evaluated one year after implementation. The City will follow up on a
suggestion that a volunteer group be formed to help keep clean the dogs off-leash area in Willamette
Park, including the loop and sports fields, and to assist the Park and Recreation Department in keeping
dog duty stations stocked with small plastic bags.
3) No dogs (except for service dogs) off-leash shall be permitted on the irrigated fields at Crystal Lake
Sports Fields during the period from two weeks prior to the first scheduled event or activity through the
last scheduled event or activity of each sports season. Dogs must be on-leash on the multi-modal path
during the sports season. Dogs are allowed off-leash on the fields and the multi-modal path during the
remainder of the year. At the Crystal Lake Sports Fields Facility, dogs are required to be on-leash at all
times in the parking lot and the boat ramp. A violation of this Section is a Class B Infraction. (Ord. 200601 §3, 01/03/2006;Ord. 2002-11 §1, 03/18/02; Ord. 99-17 §1, 09/20/1999; Ord. 93-05 §2, 1993; Ord.
No. 93-27, Amended, 12/06/93; Ord. 92-05 §1, 1992; Ord. 91-04 §§1--3, 1991; Ord. 82-77 §104.04,
1982) (99-17, Amended, 09/20/1999)
Section 5.03.050.090Cats.
5.03.050.090.01 Personal property.
Domestic cats are hereby declared to be personal property.
5.03.050.090.02 Cats at large. 1) Notwithstanding Section 5.03.050.040.05 concerning animals at large,
cats are permitted to roam at large provided that the cat displays owner identification as required by
subsection 2) of this Section.
2) A person who permits or allows a cat owned by the person to roam at large off the premises of the
owner shall display upon the cat a tag, collar, or other device identifying the cat's owner.
3) Any cat at large displaying owner identification may be impounded in the same manner as other
animals at large if, after reasonable diligence, an officer is unable to locate the cat's owner.
4) A violation of subsection 2) of this Section is a Class B Infraction. (Ord. 88-05 §§ 1, 2, 1988)
Section 5.03.060 Article 5.03.060 Assault.
Section 5.03.060.010 Definitions.
For purposes of this Section, the following definitions shall apply:
1) Deadly weapon - Any instrument, article, or substance specifically designed for and presently capable
of causing death or serious injury.
2) Physical injury - Impairment of physical condition or substantial pain. (Ord. 82-77 § 105.01, 1982)
Section 5.03.060.020 Assault.
1) No person shall intentionally, knowingly, or recklessly cause physical injury to another; or with
criminal negligence cause physical injury to another by means of a deadly weapon.
2) A violation of this Section is a Class A Misdemeanor. (Ord. 88-50 § 4, 1988; Ord. 82-77 § 105.02, 1982)
Section 5.03.070 Article 5.03.070 Curfew.
Section 5.03.070.010 Definitions.
For purposes of the Section, the following definition applies.
1) Minor - Any person who is under the age of 18 years. (Ord. 82-77 §§ 106.01, 109.01, 1982)
Section 5.03.070.020 Prohibition of minors in public.
1) No minor shall be in or upon any street, highway, park, alley, or other public place within the City
between the hours specified hereafter unless:
a) Accompanied by a parent, guardian, or other person 21 years of age or over and authorized by the
parent or by law to have care and custody of the minor; or
b) Engaged in a lawful pursuit or activity which requires the minor's presence in such public places
during the nighttime between such specified hours; or
c) Emancipated pursuant to the provisions of State law.
2) A violation of this Section is a Class B Infraction. (Ord. 82-77 § 106.02, 1982)
Section 5.03.070.030 Restricted hours.
For the purpose of this Section, the specified hours shall be between 11:00 pm on Sunday, Monday,
Tuesday, Wednesday, and Thursday and 6:00 am of the following morning and between 12:00 midnight
on Friday and Saturday and 6:00 am of the following morning except that during the months of June,
July, and August the hours shall be between 12:00 midnight and 6:00 am of the following morning. (Ord.
82-77 § 106.03, 1982)
Section 5.03.070.040 Duties of parents.
1) No parent, guardian, or person having the care and custody of a minor under the age of 18 years shall
allow such minor to be in or upon any street, highway, park, alley, or other public place between the
hours specified in the above Section except as otherwise provided in that Section.
2) A violation of this Section is a Class A Infraction. (Ord. 82-77 § 106.04, 1982)
Section 5.03.070.050 Defense.
The matter of going to or from employment, school, or religious activities, theater and sports events,
and other associational activities which make it necessary to be in or upon a street, highway, alley, park,
or public place within the City during the nighttime between the specified hours shall be an affirmative
defense and the burden of proof thereof shall be upon the minor or person claiming the exempt status.
(Ord. 88-50 § 5, 1988; Ord. 82-77 § 106.05, 1982)
Section 5.03.080Article 5.03.080 Prohibited acts.
Section 5.03.080.010Definitions.
For purposes of this Section, the following definitions shall apply:
1) Nudity - 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 areola, or the
covered human male genitals in a discernibly turgid state. For purposes of this definition, a female
breast is considered uncovered if the nipple only or the nipple and areola only are covered.
2) Property - Any tangible personal property or real property.
3) Public - Two or more persons.
4) Resist - The use or threatened use of violence, physical force, or any other means that creates a
substantial risk of physical injury to any person.
5) Sexual conduct - Human masturbation, sexual intercourse, contact between the sex organs of one
person and the mouth or anus of another, or any touching of the genitals, pubic areas or buttocks of the
human male or female, or the breasts of the female, whether alone or between members of the same
or opposite sex or between humans and animals for the purpose of arousing or gratifying the sexual
desire of any person.
6) Sexual intercourse - Has its ordinary meaning and occurs upon any penetration, however slight;
emission is not required.
7) Sexual orientation - Heterosexuality, homosexuality or bisexuality.
8) Sworn statement - Any statement knowingly given under any form of oath or affirmation attesting to
the truth of what is stated. (Ord. 89-49 § 2, 1989; Ord. 82-77 § 107.01, 1982)
Section 5.03.080.020 Violent conduct.
1) No person shall intentionally cause public inconvenience, annoyance, or alarm, or recklessly create a
risk thereof, by engaging in fighting or behaving in a violent, tumultuous, or threatening manner.
2) A violation of this Section is a Class B Misdemeanor. (Ord. 82-77 § 107.02, 1982)
Section 5.03.080.030 Harassment.
1) No person shall intentionally harass or annoy another person by subjecting such other person to
offensive physical contact.
2) A violation of this Section is a Class B Misdemeanor. (Ord. 82-77 § 107.03, 1982) Section
5.03.080.040Human waste.
1) No person shall deposit or discharge any human waste on property open to or visible by the public.
Page 25 of 46
2) A violation of this Section is a Class A Infraction. (Ord. 82-77 § 107.04, 1982)
Section 5.03.080.050Disturbance of lawful assemblies.
1) No person shall knowingly interrupt, disturb, or annoy any lawful assembly of persons, public or
private, without lawful authority.
2) A violation of this Section is a Class C Misdemeanor. (Ord. 82-77 § 107.05, 1982)
Section 5.03.080.060Sexual conduct.
1) No person shall, while in a public place or in view of a public place engage in any sexual conduct.
2) A violation of this Section is a Class A Misdemeanor. (Ord. 82-77 § 107.06, 1982)
Section 5.03.080.070Nudity.
1) No person shall, while in a public place or in view of a public place, appear in a state of nudity.
2) A violation of this Section is a Class C Misdemeanor. (Ord. 82-77 § 107.07, 1982)
Section 5.03.080.080Prohibited sleeping or lodging.
5.03.080.080.01 Definitions.
For purposes of this Section, the following definitions shall apply:
1) Lodge - To provide with a temporary place of residence, whether or not any such lodging incorporates
the use of any tent, lean-to, or any other structure, or any vehicle or part thereof. To lodge includes the
use or maintaining of a stove or fire.
2) Vehicle - Any device in, upon, or by which any person or property is or may be transported or drawn
upon a public highway and includes vehicles that are propelled or powered by any means. (Ord. 82-77
§107.08, 1982)
5.03.080.080.02 Sleeping or lodging in prohibited public places.
1) No person shall sleep or lodge in or upon any sidewalk, street, alley, public right-of-way, park, or any
property owned by the City of Corvallis, or under any bridge, except as provided in Section
5.03.080.080.04 below, or Chapter 5.01, as amended.
2) A violation of this section is a Class C Misdemeanor.
5.03.080.080.03 Sleeping or lodging on private property without consent.
1) No person shall sleep or lodge on private property in a vehicle or in places not intended for that
purpose, without permission of the owner or person entitled to the possession thereof and without a
permit as provided in Section 5.03.080.080.04.
2) A violation of this section is a Class C Misdemeanor. (Ord. 83-72 §1, 1983; Ord. 82-77 §107.07, 1982)
5.03.080.080.04 Permits.
1) The City Manager is authorized to issue permits to groups or organizations for the use of a designated
area, for the parking and use of vehicles for lodging on a temporary basis, provided the group or
organization has the written permission of the owner of the property or person in charge of the
property where the vehicles will be located. The application for the permit shall be accompanied by a
non-refundable application fee as designated in the Fees Chapter (8.03). The permit shall be issued for
no more than 7 days. The permit is revokable if any of the conditions are not met or if it is necessary for
the peace, safety, health, or welfare of the City.
2) To reasonably accommodate cases of personal hardship related to the treatment of a serious medical
condition at a medical facility, the City Manager is authorized to issue a permit to the property owner of
a medical facility for the use of up to 3 off-street parking spaces for use by recreational vehicles for
lodging of patients undergoing medical treatment. The permit may be issued to the property owner for
up to 1 year, and may be renewed upon request by the property owner. Any property owner granted a
permit under this provision shall not be entitled to any other permit pursuant to this section of the
Corvallis Municipal Code. (Ord. 95-32 §1, 1995; Ord. 82-77 §107.08, 1982)
3) For those cases involving recreational vehicles on private residential property under review by the
Building Official and without an official resolution as of September 1, 2001, and to reasonably
accommodate cases of personal hardship related to the treatment of a serious medical condition, the
City Manager is authorized to issue a permit to the property owner of residential property to allow for
the lodging of a medical care giver, in a recreational vehicle parked in the driveway of the owner’s
residential property. For a person to be eligible for the permit: (a) the medical care giver must be a
member of the property owner’s immediate family; (b) the person who requires treatment of a serious
medical condition must be a member of the property owner’s immediate family; and (c) the recreational
vehicle must meet Building Official requirements for sanitary sewer, water, and any other utility
connections. The permit may be issued to the property owner for up to one year, and may be renewed
upon request of the property owner, so long as the person with the serious medical condition lives on
the residential property. Any property owner granted a permit under this provision shall not be entitled
to any other permit pursuant to this section of the Corvallis Municipal Code. (Ord. 2001-14 § 1,
09/17/2001)
4) The City Manager is authorized to issue permits to groups or organizations for the use of a designated
area for temporary lodging, provided the group or organization has the written permission of the owner
of the property or the person in charge of the property. The temporary lodging must meet a
demonstrated community need and may not be located in a residential area. The City Manager may
issue the permit subject to reasonable conditions. The City Manager may issue the permit for no more
than 30 days. The City Council may extend the permit an additional 60 days. The permit is revocable if
any of the conditions are not met or if the City Manager determines it is necessary to revoke the permit
for the peace, safety, health, or welfare of the City. (Ord. 2008-13 §1, 08/18/2008)
Section 5.03.080.090 Resisting arrest.
1) No person shall intentionally resist a person known by her or him to be a police officer in making an
arrest.
2) A violation of this Section is a Class A Misdemeanor.
3) It is no defense to a prosecution under this Section that a police officer lacked legal authority to make
the arrest, provided the police officer was acting under color of official authority. (Ord. 82-77 § 107.09,
1982)
Section 5.03.080.100 Obstruction of justice.
5.03.080.100.01 Obstructing prosecution.
1) No person shall, with intent to hinder the apprehension, prosecution, conviction, or punishment of a
person who has committed a misdemeanor:
a) harbor or conceal such person; or
b) warn such person of impending discovery or apprehension; or
c) prevent or obstruct, by means of force, intimidation, or deception, anyone from performing an act
which might aid in the discovery or apprehension of such person; or
d) volunteer false information to a police officer.
2) A violation of this Section is a Class A Misdemeanor.
5.03.080.100.02 False information to officer.
1) No person shall knowingly use or give a false or fictitious name, address, or date of birth to any police
officer for the purpose of the officer's issuing or serving the person a citation.
2) A violation of this Section is a Class A Misdemeanor.
5.03.080.100.03 Interfering with officer.
1) No person knowing that another person is a police officer shall intentionally act in a manner that
prevents, or attempts to prevent, a police officer from performing the lawful duties of the police officer
with regards to another person; or
2) Refuse to obey a lawful order by the policer officer.
3) This section does not apply in situations where the person is engaging in activity that would constitute
resisting arrest under 5.03.080.090; or
4) Passive resistance as used in ORS 162.247.
5) A violation of this Section is a Class C Misdemeanor. (Ord. 2002-08 §1, 03/18/2002; Ord. 82-77
§107.10, 1982)
Section 5.03.080.110 False swearing.
1) A person commits the crime of false swearing if the person makes a false sworn statement, knowing it
to be false.
2) A violation of this Section is a Class A Misdemeanor. (Ord. 82-77 § 107.11, 1982)
Section 5.03.080.120 Initiating a false report.
1) No person shall knowingly make or file with the Police Department, Fire Department, or other
organization that deals with emergencies involving danger to life or property, any false, misleading, or
unfounded statement or report.
2) A violation of this Section is a Class B Misdemeanor. (Ord. 82-77 § 107.12, 1982)
Section 5.03.080.130 Impersonating a police officer.
1) No person shall impersonate, falsely assume, or pretend to be a law enforcement officer.
2) A violation of this Section is a Class A Misdemeanor. (Ord. 82-77 § 107.13, 1982)
Section 5.03.080.140 Intimidation.
1) No person shall:
a) Tamper or interfere with property, having no right to do so nor reasonable ground to believe that the
person has such right, with the intent to cause substantial inconvenience to another because of the
person's perception of the other's race, color, religion, national origin or sexual orientation.
b) Intentionally subject another to offensive physical contact because of the persons' perception of the
other's race, color, religion, national origin, or sexual orientation.
c) Intentionally, because of the person's perception of race, color, religion, national origin or sexual
orientation of another or of a member of the other' s family, subject such other person to alarm by
threatening to inflict serious physical injury upon or to commit a felony affecting such other person, or a
member of the person's family; or to cause substantial damage to the property of the other person or of
a member of the other person's family.
2) A violation of this Section is a Class A Misdemeanor. (Ord. 89-42 § 2, 1989; Ord. 82-77 § 107.14, 1982)
Section 5.03.080.150 Aggressive Panhandling.
1) No person shall engage in aggressive panhandling in or upon any public place.
2)For purposes of this section, aggressive panhandling is begging, demanding funds, or soliciting alms or
charity, knowing that a reasonable person would find the manner of the begging, demand or solicitation
to be alarming or threatening.
3)A violation of this Section is a Class C Misdemeanor. (Ord. 2010-19 §1, 09/20/10; Ord. 2010-10 §1,
04/05/2010; Ord. 2007-04 §1, 02/20/2007; Ord. 2003-16 §1, 05/19/2003; Ord. 89-42 §2, 1989; Ord. 8850 §6, 1988; Ord. 82-77 §107.15, 1982) (2010-19, Amended, 09/20/2010)
Section 5.03.080.160Tobacco products and smoking.
5.03.080.160.01 Definitions.
1) Bar - An area which is devoted to the serving of alcoholic beverages for consumption by guests on
premises and in which the serving of food is only incidental to the consumption of such beverages.
2) Business - Any sole proprietorship, partnership, joint venture, corporation, or other business entity,
including retail establishments where goods or services are sold as well as professional corporations and
other entities where professional services are delivered.
3) Employee - Any person who is employed by any employer in the consideration for direct or indirect
monetary wages or profit, and any person who volunteers his or her services to a non-profit entity.
4) Employer - Any person or entity who employs the services of one or more individuals.
5) Enclosed area - All space between a floor and a ceiling which is exposed on all sides by solid walls or
windows (exclusive of door or passageways) which extend from the floor to the ceiling, including all
space therein screened by partitions which do not extend to the ceiling or are not solid, "office
landscaping" or similar structure.
6) Place of employment - Any enclosed area under the control of a public or private employer which
employees normally frequent during the course of employment, including, but not limited to, work
areas, employee lounges and rest rooms, conference and class rooms, cafeterias and hallways. A private
residence is not a "place of employment" unless it is used as a child care, adult day care, or health care
facility.
7) Public place -Any City-owned or managed park and recreational facilities, including parks, trails, open
space, and special use areas, and any enclosed area to which the public is invited or in which the public
is permitted including but not limited to banks, education facilities, health facilities, laundromats, public
transportation facilities, reception areas, restaurants, retail food production and marketing
establishments, retail service establishments, retail stores, theaters, and waiting rooms. A private
residence is not a "public place" unless it is used as a child care, adult day care, or health care facility.
8) Restaurant - Any coffee shop, cafeteria, sandwich stand, private or public school cafeteria, and any
other eating establishment which gives or offers for sale food to the public, guests, or employees, as
well as kitchens in which food is prepared on the premises for serving elsewhere, including catering
facilities.
9) Retail tobacco store - A retail store utilized primarily for the sale of tobacco products and accessories
and in which the sale of other products is merely incidental.
10) Service line - Any indoor line, or any portion of an indoor line that extends out of doors, at which one
or more persons are waiting for or receiving services of any kind, whether or not such services involves
the exchange of money.
11) Smoking - Any inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, weed, plant, or
other tobacco like product or substance in any manner or in any form.
12) Sports arena - Any sports pavilion, gymnasium, health spa, swimming pool, roller rink, bowling alley,
and other places where members of the general public assemble either to engage in physical exercise,
participate in athletic competition, or witness sports events.
13) Tobacco product - Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, chewing tobacco,
or any other form of tobacco which may be utilized for smoking, chewing, inhalation, or other means of
ingestion. (Ord. 2006-01 §1, 01/03/2006)
5.03.080.160.02 Smoking prohibited in public places.
1) Smoking shall be prohibited in all enclosed public places within the City or located on City owned
property, including, but not limited to the following places:
a) Elevators;
b) Rest rooms, lobbies, reception areas, hallways, and any other common-use areas;
c) Buses, taxicabs, and any other means of public transportation under the authority of the City;
d) Service lines, or within 10 feet of a service line that extends out of doors;
e) Retail stores;
f) All areas available and customarily used by the general public located in all businesses patronized by
the public, including non-profit and public businesses. Affected businesses include, but are not limited
to, professional offices, banks, laundromats, hotels and motels;
g) Restaurants;
h) Any facility which is primarily used for exhibiting any motion picture, stage or drama production,
lecture, music recital or other similar performances, except performers when smoking is part of a stage
or drama production;
i) Sports arena, including bowling facilities and convention halls;
j) Every room, chamber, place of meeting or public assembly, including school buildings under the
control of any board, council commission, committee, including joint committees, or agencies of the City
or any political subdivision of the City during such time as a public meeting is in progress, to the extent
such a place is subject to the jurisdiction of the City;
k) Waiting rooms, hallways, wards, and semiprivate rooms of health care facilities, including, but not
limited to, hospitals, clinics, physical therapy facilities, doctor's and dentist's office;
l) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks,
retirement facilities, nursing homes, and other multiple-unit residential facilities; and m) Polling places.
2)Smoking shall be prohibited in all City-owned or managed parks and recreational facilities, including all
parks, trails, open space, and special use areas. This does not include designated parking areas.
3)Smoking shall be prohibited on all of the City-owned grounds, patios, plazas, steps, ramps, and
facilities for the Corvallis-Benton County Public Library. This prohibition includes the library parking
garage and library parking lot. This prohibition includes any sidewalk, pedestrian way, driveway, planting
area, public right-of-way, street, curb, or gutter within 50 feet of the exterior of the City-owned Corvallis
Benton County Public Library building. This prohibition does not include any property that is within 50
feet of the exterior of the City-owned Corvallis Benton County Public Library building that is not owned
by the City or part of a public right-of-way. This prohibition does not include smoking within a private
automobile with the doors and windows closed, except within the library parking garage or library
parking lot, or the associated driveways.
4)Notwithstanding any other provision of this section, any owner, operator, manager or other person
who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment.
5)Any person who violates the provisions of this Code section shall be subject to the penalties as set
forth in Section 5.03.080.160.10 of Chapter 5.03 of the Corvallis Municipal Code. (Ord. 2011-09 §1,
05/16/2011; Ord. 2009-04 §1, 03/02/2009; Ord. 2006-01 §2, 01/03/2006)
5.03.080.160.03 Smoking prohibited in places of employment.
It shall be the responsibility of employers to provide a smoke-free work place for all employees, but
employers are not required to incur any expense to make structural or other physical modifications.
5.03.080.160.04 Smoking prohibited outside entrances.
Smoking shall not occur within a reasonable distance, not to be less than ten (10) feet, of any entrance
of any enclosed area where smoking is prohibited or of any service line that extends out of doors.
5.03.080.160.05 Places where smoking is not regulated.
1) Notwithstanding any other provision of this section to the contrary, the following areas shall not be
subject to any smoking restrictions contained within this section:
a) Private residences, unless the private residence is used as a child care, adult day care, or health care
facility;
b) Rented motel/hotel rooms that are designated in some manner as smoking allowed rooms by the
owners of the establishment renting the rooms;
c) Private rooms rented for an occupancy that exceeds one month and that are not located in a private
residence used as a child care, adult day care or health care facility;
d) Bars;
e) Bar portions of bar and restaurant combinations so long as the bar is separate from the restaurant
and the ventilation system does not permit smoke to enter the restaurant section;
f) Retail tobacco stores.
2) Exceptions d) and e) of this section will expire July 1, 1998.
5.03.080.160.06 Posting "no smoking" signs.
1) "No smoking" signs or the international "no smoking" symbol (consisting of a pictorial representation
of a burning cigarette enclosed in a red circle with a red bar across the cigarette) shall be clearly,
sufficiently, and conspicuously posted in every building or other area where smoking is prohibited by
this article, by the owner, manager, or other person having control of such building or other area,
including private residences used as a child care, adult day care or health care facility.
2) Every public place where smoking is prohibited by this section shall have posted at every entrance a
conspicuous sign stating that smoking is prohibited.
5.03.080.160.07 Non-retaliation.
It shall be a violation of this section for any person or employer to discharge, refuse to hire, or in any
manner retaliate against any employee, applicant for employment, or customer because such employee,
applicant, or customer reports or attempts to prosecute any violation of this ordinance.
5.03.080.160.08 Smoking in or near entrances to publicly owned buildings.
1) No person shall smoke anywhere within any publicly owned building.
2) No person shall smoke within 10 feet of any entrance to a publicly owned building.
3) A violation of this section is a Class B infraction.
5.03.080.160.09Tobacco sales to minors prohibited.
1) No person, other than a minor's custodial parent or guardian, shall sell or otherwise provide tobacco
products to a minor under the age of eighteen (18) years old.
2) A violation of this section is a Class A infraction.
5.03.080.160.10Other violations and penalties.
1) It shall be a violation of this section for every day any person who owns, manages, operates or
otherwise controls the use of any premises, subject to regulation under this section, fails to comply with
any provisions herein.
2) It shall be a violation of this section for any person to smoke in any area where smoking is prohibited
by the provisions of this section.
3) Any person who violates this section shall be guilty of an infraction, punishable by a fine:
a) Not less than fifty dollars ($50.00), nor more than one hundred dollars ($100.00) for a first violation
within any 12 (twelve) month period;
b) Not less than one hundred dollar ($100.00), nor more than two hundred dollars ($200.00) for a
second violation within any 12 (twelve) month period;
c) Not less than two hundred and fifty dollar ($250.00), nor more than five hundred dollars ($500.00) for
each additional violation of this section within any 12 (twelve) month period.
4) Notwithstanding any other provision of this section, an employer or private citizen may file a citizen
complaint to enforce this section under Chapter 5.03.010.080.
5.03.080.160.11 Severability.
If any provision, clause, sentence, or paragraph of this section or the application thereof to any person
or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this section
which can be given effect without the invalid provision or application, and to this end the provisions of
this section are declared to be severable.
5.03.080.160.12 Other laws.
This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by
other applicable laws. (Ord. 98-04 §1, 03/02/1998)
5.03.080.160.13 Hiatus on enforcement.
1)Purpose. The purpose of this hiatus is to allow for uniform enforcement of the Oregon Indoor Clean
Air Act within Benton County.
2)Scope. Except for those provisions specifically set out in subsection 3) below, in order to be consistent
with the terms of Senate Bill 571, amending the Oregon Indoor Clean Air Act, Section 5.03.080.160.01
through Section 5.03.080.160.12 shall not be enforced, or enforceable by the city of Corvallis until such
time as the City Council shall affirmatively act by ordinance to repeal this section.
3)Exception. This hiatus does not affect the enforcement of regulations:
a)prohibiting smoking within City-owned or managed park and recreation and City-owned public library
facilities, as defined in Section 5.03.080.160.01, and set forth in Section 5.03.080.160.02 2) and
5.03.080.160.02 3).
Violations of these sections will remain subject to the penalties set forth in Section 5.03.080.160.10 of
the Corvallis Municipal Code.
b)requiring tobacco retail licenses as set forth in Section 8.10.010 through Section 8.10.020.
Violations of these sections will remain subject to the penalties set forth in Section 8.10.080.
4)Biennial review. This section shall be reviewed every two years by the City Council. (Ord. 2011-09 §2,
05/16/2011; Ord. 2008-07 §1, 04/07/08) (97-16, Added, 08/18/1997)
Section 5.03.090 Article 5.03.090 Offenses against property.
Section 5.03.090.010 Theft of services.
5.03.090.010.01 Theft of services defined.
A person commits theft of services when:
1) With intent to avoid payment therefor, the person obtains transportation or entertainment services
or food, lodging, or other accommodations in hotels, restaurants, or elsewhere; or
2) After having obtained transportation or entertainment services or food, lodging or other
accommodation in hotels, restaurants, or elsewhere, the person leaves the place where the services
were rendered without first paying or tendering payment therefor. (Ord. 82-77 § 108.01.01, 1982)
5.03.090.010.02 Theft of Services II.
1) No person shall commit theft of services and thereby obtain services of aggregate total value of under
$50.
2) A violation of this Section is a Class C Misdemeanor.
5.03.090.010.03 Theft of Services I.
1) No person shall commit theft of services and thereby obtain services of aggregate total value of $50
or more and under $500.
2) A violation of this Section is a Class A Misdemeanor. (Ord. 82-77 §§ 108.01.01--108.01.03, 1982)
Section 5.03.090.020 Interfering with public property.
1) No person shall cut, take, remove, deface, tamper or interfere with, or in any manner injure or
damage real or personal property owned, leased, or controlled by the City. It shall be a defense to any
person charged with a violation of this Section that the person was directed to perform such act by the
City Manager or authorized agent.
2) No person shall retain any public records, papers, books, library materials, recreation equipment, or
other public property after notice or lawful demand has been made for the return thereof.
3) A violation of this Section is a Class A Misdemeanor. (Ord. 82-77 § 108.02, 1982)
Section 5.03.090.030 Tampering with or damaging property.
5.03.090.030.01 Definition.
As used in this Section, the following definitions apply:
1) Property of another - Property which anyone other than the violator has a legal or equitable interest
that the violator has no right to defeat or impair, even though the violator may also have such an
interest to the property.
5.03.090.030.02 Tampering with property.
1) No person shall, with intent to cause substantial inconvenience to the owner or to another person,
and having no right to do so nor reasonable ground to believe that the person has such right, tamper or
interfere with property of another.
2) A violation of this Section is a Class C Misdemeanor.
5.03.090.030.03 Damaging property.
1) No person shall violate Section 5.03.090.030.02 and, as a result thereof, damage property in an
amount over $100.
2) No person shall, having no right to do so nor reasonable ground to believe that the person has such
right, intentionally damage property of another, or, recklessly damage property of another in an amount
over $100.
3) A violation of this Section is a Class A Misdemeanor. (Ord. 82-77 §§ 108.03.01--108.03.03, 1982)
Section 5.03.090.040 Shoplifting.
5.03.090.040.01 Shoplifting defined.
Shoplifting - A person commits shoplifting when, with intent to deprive another of property or to
appropriate property to the person or to a third person, the person takes, appropriates, obtains, or
withholds from an owner thereof, or the person consumes on the premises thereon, goods, wares, or
merchandise offered for sale by a wholesale or retail store or other mercantile establishment. (Ord. 8277 § 108.04.01, 1982)
5.03.090.040.02 Shoplifting II.
1) No person shall commit shoplifting and thereby obtain property, in a single or aggregate transaction,
of total value under $50.
2) A violation of this Section is a Class A Infraction. 5.03.090.040.03 Shoplifting I.
1) No person shall commit shoplifting and thereby obtain property, in a single or aggregate transaction,
of total value of $50 or more and under $500.
2) A violation of this Section is a Class A Misdemeanor. (Ord. 82-77 §§ 108.04.01--108.04.03, 1982)
Section 5.03.090.050 Petty theft.
1) No person shall, with intent to deprive another of property or to appropriate property to the person
or to a third person, take, appropriate, obtain, or withhold property from an owner thereof, where the
value of the property in a single or aggregate transaction is under $50.
2) A violation of this Section is a Class A Infraction.
3) For purposes of this Section, "owner" does not include an owner of goods, wares, or merchandise
offered for sale by a wholesale or retail store or other mercantile establishment. (Ord. 82-77 § 108.05,
1982)
Section 5.03.090.060 Trespass.
5.03.090.060.01 Definitions.
For purposes of this Section, the following definitions shall apply:
1)Dwelling - A building which regularly or intermittently is occupied by a person lodging therein at night,
whether or not a person is actually present.
2)Enter or remain unlawfully -
a)To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are
not open to the public or when the entrant is not otherwise licensed or privileged to do so; or
b)To fail to leave premises that are open to the public after being lawfully directed to do so by the
person in charge.
c)To enter premises that are open to the public after being lawfully directed not to enter the premises;
or
d)To enter or remain in a motor vehicle when the entrant is not authorized to do so.
3)Open to the public - Premises by which their physical nature, function, custom, usage, notice, or lack
thereof, or other circumstances at the time would cause a reasonable person to believe that no
permission to enter or remain is required.
4)Person in charge - A person, her or his representative, or her or his employee who has lawful control
of premises by ownership, tenancy, official position, or other legal relationship. It includes, but is not
limited to, the person, or holder of a position, designated as the person or position holder in charge by
the governor, board, commission, or governing body of any political subdivision of this State.
5)Premises - Any building and any real property whether privately or publicly owned. (Ord. 2011-14 §1,
10/03/2011; Ord. 88-50 §7, 1988; Ord. 82-77 §108.06.01--108.06.03, 1982)
5.03.090.060.02 Trespass II.
1)No person shall enter or remain unlawfully in a motor vehicle or in or upon premises.
2)A violation of this Section is a Class C Misdemeanor. (Ord. 2011-14 §1, 10/03/2011; Ord. 88-50 §7,
1988; Ord. 82-77 §108.06.01--108.06.03, 1982)
5.03.090.060.03 Trespass I.
1)No person shall enter or remain unlawfully in a dwelling.
2)No person shall, having been denied future entry to a building pursuant to a merchant's notice of
trespass, reenter the building during hours when the building is open to the public with the intent to
commit theft therein;
3)No person shall enter or remain unlawfully upon railroad yards, tracks, bridges, or rights-of- ways; or
4)No person shall enter or remain unlawfully in or upon premises that have been determined to be not
fit for use under ORS 453.855 to 453.912.
5)Subsection 4) of this Section does not apply to the owner of record of the premises if:
a)The owner notifies the law enforcement agency having jurisdiction over the premises that the owner
intends to enter the premises;
b)The owner enters or remains on the premises for the purpose of inspecting or decontaminating the
premises or lawfully removing items from the premises; and
c)The owner has not been arrested for, charged with, or convicted of a criminal offense that contributed
to the determination that the premises are not fit for use.
6)A violation of this Section is a Class A Misdemeanor. (Ord. 2011-14 §1, 10/03/2011; Ord. 88-50 §7,
1988; Ord. 82-77 §108.06.01--108.06.03, 1982)
Section 5.03.100 Article 5.03.100 Public ways.
Section 5.03.100.010 Definitions.
For purposes of this Section, the following definitions shall apply:
1) Pedestrian - Any person afoot or confined to a wheelchair.
2) Public way - Streets, including the full width of the public right-of-way; alleys; bicycle and pedestrian
paths; trails; and sidewalks. (Ord. 82-77 § 109.01, 1982)
Section 5.03.100.020 Obstructing public ways.
5.03.100.020.01 Impeding traffic.
1) No person or group of persons shall, except as authorized by the City Manager or otherwise
permitted by law, prevent, impede, or obstruct, cause to be prevented, impeded, or obstructed, or
assist in preventing, impeding, or obstructing pedestrian or vehicular traffic on any public way.
2) No person or persons in violation of this Section shall fail or refuse to disperse when lawfully ordered
to do so by any police officer.
3) The provisions of this subsection shall not apply to the delivery of merchandise or equipment,
provided that no person shall permit such action to occur on any public way for longer than 15 minutes.
4) The provisions of this subsection shall not apply to those persons repairing public utilities.
5) A violation of this Section is a Class A Infraction.
5.03.100.020.02 Failure to warn of traffic hazard.
1) No person shall, from sunset to sunrise, permit any merchandise, equipment or other obstruction to
remain on any public way unless a warning light or lights are placed by such obstruction in such a
position as to be clearly visible for a distance of at least 200 feet in all directions unless not required by
the City Manager.
2) A violation of this Section is a Class A Infraction. 5.03.100.020.03 Storing property on public ways.
1) No person shall use any public way or portion thereof to store or keep trailers or personal property of
any kind.
2) Nothing in this Section is intended to prohibit the loading or unloading of vehicles for a reasonable
time, or the parking of vehicles in permitted parking areas as incidental to the use of the vehicle for
travel.
3) A violation of this Section is a Class A Infraction.
5.03.100.020.04 Failure to trim vegetation.
1) As used in this Section, vegetation shall mean any tree, shrub, grass, or other plant, whether live or
dead.
2) No person owning, possessing, or having the care or custody of any lot or parcel of land in the City
shall fail to trim, prune, or remove any vegetation in or upon a public way abutting the person's
property as follows:
a) To a height of not less than eight feet above any sidewalk and twelve feet above any street or curb.
b) Within the area between two feet and eight feet above ground level so that the vegetation (other
than tree trunks) does not interfere with reasonable sight distance at street intersections. Reasonable
sight distance shall mean the triangular area formed by the curb lines of two intersecting streets and by
a line drawn across the corner through points on the property line 25 feet from the corner of the
property not including the public way.
3) Subsection 2)b) of this Section shall apply to private property as well as to public ways and is violated
when vegetation (other than tree trunks) interferes with reasonable sight distance within the described
triangular area.
4) A violation of this Section is a Class A Infraction. The City Manager or person designated by the City
Manager is authorized to issue a citation to any person violating this Section. (Ord. 94-05 § 1, 02/07/94;
Ord. 89-21 § 2, 1989; Ord. 82-77 § 109.02, 1982) (Ord. No. 94-05, Amended, 02/07/94)
Section 5.03.100.030Playing in street.
1) No person shall play a game of football, baseball, cricket, or any games or activities of like nature on
any street within the corporate limits of the City of Corvallis.
2) A violation of this Section is a Class B Infraction. (Ord. 88-50 § 8, 1988; 82-77 § 109.03, 1982) Section
5.03.100.040Selling on public ways. 5.03.100.040.01 Definitions.
1) Distributor - The person responsible for placing and maintaining a newsrack in a public way.
2) Event/festival - A gathering of people for a community event or festival. Events and festivals add
character to the City, enhance its reputation, and are enjoyed by the public. Corvallis' traditional events
and festivals include the Hoover Jump To It Team; Saturday Farmers' Market; Strawberry Jubilee; Crazy
Days; Red, White, and Blues Festival; daVinci Days; Hoop Jam; Corvallis Folklife; and Fall Festival and the
associated sidewalk sales sponsored by the Downtown Corvallis Association, the First Christian Church,
and the First Presbyterian Church. An additional six, three-day downtown sidewalk sales, with at least
three weeks between each sale, may be sponsored by the Downtown Corvallis Association.
3) Newsrack - Any self-service or coin operated box, container, storage unit, or other dispenser installed,
used, or maintained for the display and sale of newspapers or other publications.
4) Long local history / traditional - An event or festival sponsored by a local group or agency which has
been or has become a part of Corvallis' happenings. Other events and festivals may be added to those
listed in 2) above. (Ord. 2002-31 § 1, 09/03/2002)
5.03.100.040.02 Selling on public ways prohibited.
1) No person shall use any public way or any portion thereof for the selling, storing, or displaying of any
merchandise or equipment, except that newsracks may be placed and maintained in the public way
subject to compliance with the standards and conditions set out in Subsections 5.03.100.040.03 and
5.03.100.040.04 below.
2) Notwithstanding the provisions of subparagraph 1) above, traditional events and festivals with a long
local history may apply to the City Manager or his/her designee for a permit to use the public ways to
display and sell merchandise and wares while their event or festival is underway. For Farmers' Market,
this would include all Saturdays from mid-April through mid-November. A change in the duration or
location of the event or festival would be cause for a City Council discussion and approval/disapproval.
3) A violation of this Section is a Class A Infraction.
5.03.100.040.03 Newsrack standards.
Any newsrack placed in whole or in part on, over, or in the public way shall comply with the following
standards: 1) It shall have affixed to it in a readily visible place so as to be seen by anyone using it a
notice setting forth the name and address of the distributor and the telephone number of a working
telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of
the coin return mechanism, or to give any notice provided for in this Section.
2) It shall be maintained in good repair at all times.
5.03.100.040.04 Newsrack location.
Any newsrack placed in whole or in part on, over, or in the public way shall be located in accordance
with all of the following requirements:
1) No newsrack shall project onto or rest on, in or over any part of the roadway of any public street.
2) No newsrack shall be placed in any location upon the public way in such a manner that its use or
maintenance may endanger the safety of persons or property; interfere with or impede the flow of
pedestrian or vehicular traffic; interfere with or impede access to any place of business, residence, or
legally parked or stopped vehicle; interfere with or impede the use or maintenance of any pole, post,
traffic sign or signal, fire hydrant, mailbox, or other object lawfully located at the site; interfere with any
public utility or public transportation use; or interfere with any other use of the public ways for any
governmental purpose.
3) No newsrack shall be chained, bolted, or otherwise attached to any fixture or tree located in the
public way, except another newsrack.
5.03.100.040.05 Abandonment.
Any newsrack located on the public way that remains empty for a period of thirty (30) continuous days
shall be deemed abandoned and in violation of this Section.
5.03.100.040.06 Newsracks in violation.
The City Manager shall, upon determining that a newsrack has been installed, used or maintained in
violation of the provisions of this Section, issue an order to correct the offending condition to the
distributor, if known, and if not to the publication distributed in the newsrack. The order shall, if
practical, be telephoned and confirmed by mailing a copy by certified mail, return receipt requested.
The order shall specifically describe the offending condition and suggest actions necessary to correct the
condition. If the offending condition is not properly corrected within 30 days after the date of mailing of
the order, the City Manager shall cause the newsrack to be summarily removed at the expense of the
distributor or publication, except that if the offending condition creates a hazard to public safety, the
City Manager may order it removed immediately at the expense of the distributor of the publication.
5.03.100.040.07 Appeals.
Any person aggrieved by a finding, determination, notice, or action taken under this Section may appeal
to the City Council as provided in Chapter 1.11 of this Code. (Ord. 2000-13 § 1, 05/15/2000; Ord. 94-05 §
1, 02/07/94)
Section 5.03.100.050 Busking.
1)Busking, defined. Busking is the offering of entertainment, such as singing, dancing, playing musical
instruments, and other performances, as an inducement to the giving of alms.
2) Busking, generally. In general, busking is allowed within the City of Corvallis without a permit, so long
as the performance complies with the following conditions:
a)Signage. Signage must not violate any other provisions of the Corvallis Municipal Code.
b)Sound limits. Busking may not be plainly audible more than 50 feet away from the source of any
music, sound or noise related to the entertainment. The entertainment may not be plainly audible
within any dwelling unit which is not the source of the entertainment between the hours of 10:00 p.m.
and 7:00 a.m. For purposes of this section, “plainly audible” has the meaning given in Corvallis Municipal
Code Section 5.03.030.020.10(2). Nothing in this section prohibits the reasonable use of mechanical
loud speakers or sound amplifiers or musical instruments for which a permit has been issued under
Corvallis Municipal Code Section 5.03.030.030.
c)Limit on time. Busking may not begin before 7:00 a.m. and must end by 10:00 p.m.
d)Health, safety and welfare. No busking is permitted which:
1]endangers the health, safety or welfare of the entertainers or the public; or
2]endangers or damages public or private property; or
3]violates any state or federal rule, regulation, or statute; or
4]violates any other provision of the Corvallis Municipal Code except as specifically allowed in this
section.
e)Fire and Fireworks. Busking involving the use of fire, fireworks or explosives is not permitted in any
public area unless the entertainer first obtains any and all necessary permits from the Corvallis Fire
Department.
f)Access. Busking may not interfere with access to any commercial, residential, industrial, or civic
structure. Busking may not interfere or obstruct access to the public area or travel through the public
area. For purposes of this section, interfering with access means:
1]The entertainment and any spectators block or hinder access to curb cuts and/or related disabled
facilities, or hinder access to public or private property, and the performance and spectators are not
able to move immediately to accommodate other users of these facilities; or
2]The entertainment, including any spectators, has not left a clear and unobstructed path for the use of
pedestrians, mobility devices, and service animals that is no less than 48 inches from the nearest
boundary of the public area with any private property or no less than 48 inches from the nearest
entrance to any commercial, residential, industrial, or civic structure, or the performance is taking place
in a public area with a pedestrian route which is less than eight feet wide; and
3]The performance is not able to move immediately to accommodate other users of the public area; and
4]The performance is not otherwise authorized by this code, a permit, or a regulation issued by the City
of Corvallis.
3)Busking within the Riverfront Commemorative Park. Within the Riverfront Commemorative Park,
people may offer entertainment, such as singing, dancing, playing musical instruments, and sleight of
hand as an inducement to the giving of alms (busking) without obtaining a permit, under the following
conditions:
a)Signage. Signage must not violate any other provisions of the Corvallis Municipal Code. b)Distance
between entertainments. No two entertainments may be within 50 feet of each other.
c)Sound limits. Busking may not be plainly audible more than 50 feet away from the source of any
music, sound or noise related to the entertainment. The entertainment may not be plainly audible
within any dwelling unit which is not the source of the entertainment between the hours of 10:00 p.m.
and 7:00 a.m. For purposes of this section, “plainly audible” has the meaning given in Corvallis Municipal
Code Section 5.03.030.020.10(2). Nothing in this section prohibits the reasonable use of mechanical
loud speakers or sound amplifiers or musical instruments in the course of the public events for which a
permit has been issued under Section 5.03.030.030.
d)Limit on time. Busking may not begin before 7:00 a.m. and must end by 10:00 p.m.
e)Health, safety and welfare. No busking is permitted within the Riverfront Commemorative Park which:
1]endangers the health, safety or welfare of the entertainers or the public; or
2]endangers or damages public or private property; or
3]violates any state or federal rule, regulation, or statute; or
4]violates any other provision of the Corvallis Municipal Code except as specifically allowed in this
Section.
f)Bicycles. Busking involving the use of bicycles, skateboards, skates, scooter, unicycles or other wheeled
vehicles, is not permitted within the Riverfront Commemorative Park unless the entertainer first obtains
a permit from the Parks and Recreation Department.
g)Fire and Fireworks. Busking involving the use of fire, fireworks or explosives is not permitted within
the Riverfront Commemorative Park or any other public area unless the entertainer first obtains any and
all necessary permits from the Parks and Recreation Department and the Fire Department.
h)Access. Busking may not take place on the multipurpose path or on the fountain area at Jackson Plaza
in the Riverfront Commemorative Park. Busking may not take place at times when and locations where
conditions warrant the closure of turf due to excessive wet and/or excessive wear conditions as
determined by Parks staff. The entertainment must be a minimum of 50 feet from any restroom
facilities located within the Riverfront Commemorative Park. The entertainment and any spectators may
not hinder or block any public or private parking facility, or any public street, alley or highway. Busking
may not otherwise obstruct or interfere with public access through the Riverfront Commemorative Park.
For purposes of this section, interfering with public access through the Riverfront Commemorative Park
means:
1]The entertainment and any spectators block or hinder access to curb cuts and/or related disabled
facilities, or hinder access to public or private property, and the performance and spectators are not
able to move immediately to accommodate other users of these facilities; or
2]The entertainment, including any spectators, has not left a clear and unobstructed path for the use of
pedestrians, mobility devices, and service animals that is no less than 48 inches from the nearest
boundary of the public area with any private property or no less than 48 inches from the nearest
entrance to any commercial, residential, industrial, or civic structure, or the performance is taking place
in a public area with a pedestrian route which is less than eight feet wide; and
3]The performance is not able to move immediately to accommodate other users of the public area; and
4]The performance is not otherwise authorized by this code, a permit, or a regulation issued by the City
of Corvallis.
i)Notwithstanding any other provision of this code, a user of the Riverfront Commemorative Park who
obtains a priority use permit for a specific area may require any other user of the Riverfront
Commemorative Park to move to a location outside of the area subject to the priority use permit.
4)The conditions in this Section do not apply when they are waved by a permit.
5)Notwithstanding any other provision of this Code, it is permitted for City approved performers to offer
entertainment, such as singing, dancing, playing musical instruments, and sleight of hand as an
inducement to the giving of alms (busking) in front of all participating downtown businesses, regardless
of the distance between these businesses, during "Art Walk," which is scheduled annually on the day of
the Procession of the Species, as part of an Earth Day Celebration event.
6)No person shall be cited under this section unless the person engages in conduct prohibited by this
Section after having been notified orally or in writing by an Oregon peace officer that the conduct
violates this section. A violation of this Section is a violation subject to a maximum penalty of a $250
fine. (Ord. 2010-19 §2, 09/20/10) (2010-19, Added, 09/20/2010)
Section 5.03.110 Article 5.03.110 Environment.
Section 5.03.110.010 Littering.
1) No person shall intentionally discard, deposit, throw, or sweep any rubbish, trash, garbage, debris,
decayed or decaying substances, or other refuse, including, but not limited to, leaves, broken glass,
bottles, soil, and/or nails, upon the land of another without permission of the owner, or upon any public
way or in or upon any other property owned, leased, or controlled by the City.
2) A violation of this Section is a Class A Misdemeanor. (Ord. 82-77 § 110.01, 1982)
Section 5.03.110.020 Weeds.
1) The person owning, possessing, or having the care or custody of any lot or parcel of land in the City of
Corvallis shall cut, as close to the ground as is reasonably practical, and shall remove or destroy all
brush, weeds, thistles, grass, or other rank or noxious vegetable growth growing at a height of 10 inches
or more between the months of June 1 and September 30 of each year.
2) A violation of this Section is a Class A Infraction. (Ord. 82-77 § 110.02, 1982)
Section 5.03.120 Article 5.03.120 Weapons.
Section 5.03.120.010 Definitions.
1) Firearm - A weapon, by whatever name known, which is designed to expel a projectile by the action
of black powder or smokeless powder and which is readily capable of use as a weapon.
2) Gun - Any BB gun, spring- or air-actuated pellet gun, or other weapon which propels a projectile by
any means.
3) Minor - Any person who is under the age of 18 years. (Ord. 90-10, § 1, 1990; Ord. 82-77 § 111.01,
1982)
Section 5.03.120.020 Concealed weapons.
1) No person, other than, with regard to firearms, a person described by ORS 166.260 or licensed
pursuant to ORS 166.291 through 166.293, shall carry concealed on or about the person, or carry
concealed and readily accessible about the person within any vehicle, any firearm; any gun; any knife
having a blade that projects or swings into position by force of a spring, commonly known as a
switchblade; any dirk or dagger; any metal knuckles; any nunchaku sticks; any sling shot; or any similar
instrument by the use of which injury could be inflicted upon the person or property of any other
person.
2) A violation of this Section is a Class B Misdemeanor. (Ord. 90-10 § 2, 1990; Ord. 82-77 § 111.02, 1982)
Section 5.03.120.030 Discharge of weapons.
1) No person, other than a police officer or animal control officer, shall fire or discharge within the City
any bow and arrow, firearm, or gun.
2) A violation of this Section is a Class A Misdemeanor. (Ord. 2010-21 §2, 10/18/2010; Ord. 82-77 §
111.03, 1982)
Section 5.03.120.040 Bean shooters.
1) No person shall use any bean shooter, slingshot, or any other contrivance used in shooting beans,
stones, pebbles, or other substance or thing, in or upon any street, alley, or public place within the City.
2) A violation of this Section is a Class A Infraction. (Ord. 82-77 § 111.04, 1982)
3) Notwithstanding the above, the use of bean-shooters or other comparable devices used to shoot
beans, pebbles, or other substance or thing, or rockets or missiles, when conducted as part of a class or
activity by the City’s Parks and Recreation Department and/or da Vinci Days, Inc., during the annual da
Vinci Days festival and for 60 days before the da Vinci Days festival, is permitted. (Ord. 2002-19 § 3,
06/17/2002)
Section 5.03.120.050 Forfeiture of weapons.
1) Any weapon carried in violation of Section 5.03.120.020 or 5.03.120.060 or discharged in violation of
Section 5.03.120.030 is a nuisance. Any such weapon taken from any person unlawfully carrying or
discharging the weapon shall be surrendered to the Chief of Police.
2) The Chief of Police, except as provided under subsection 4) of this Section or upon the certification of
the Municipal Court Judge or of the City Attorney that preservation of a weapon is necessary or proper
to the ends of justice, shall have authority and be responsible, subject to applicable laws, for selling such
weapons or shall destroy the weapons to such extent that they are wholly and entirely ineffective and
useless for the purpose for which they were manufactured.
3) Upon the certification of the Judge or of the City Attorney that the ends of justice will be subserved
thereby, such weapon shall be preserved until the necessity for its use ceases, at which time, except as
provided under subsection 4) of this Section, the Court shall order that the Chief of Police dispose of
such weapons pursuant to subsection 2) of this Section.
4) In the event any such weapon has been stolen and is thereafter recovered from the thief or the thief's
transferee, it shall not be destroyed but shall be restored to its lawful owner as soon as its use as
evidence has been served, upon identification of the weapon and proof of ownership.
5) The sale of any weapons under this Section shall be by public auction. The Chief of Police shall
conduct the auction annually, or more often if the Chief of Police deems it desirable. Written or printed
notice of the auction shall also be posted in three public places of the City, not less than 10 days prior to
the date of the sale. The Chief of Police shall permit public inspection of the weapons to be auctioned.
Items shall be sold individually unless there is no interested bidder, in which case they may be sold in
lots. Nothing in this subsection is intended to prohibit the Chief of Police from conducting the sale in
conjunction with the sale of other unclaimed property pursuant to City law. (Ord. 90-10 § 3, 1990; Ord.
82-77 § 111.05, 1982)
Section 5.03.120.060 Possession of weapons by minors.
1) No minor shall be in or upon any street, highway, park, alley, or other public place within the City
while in open or concealed possession of any switchblade knife; any knife having a blade that swings
into position by means of centrifugal force, commonly known as a butterfly knife; or any dirk or dagger;
or any knife having a blade longer that 3-1/2 inches in length.
2) A violation of this Section is a Class B Misdemeanor. (Ord. 90-10 § 4, 1990)
Section 5.03.130 Article 5.03.130 Children in vehicles.
Section 5.03.130.010 Definition.
As used in Article 5.03.130, vehicle means every device in, upon, or by which any person or property is
or may be transported or drawn upon a public highway. (Ord. 82-77 § 112.03, 1982)
Section 5.03.130.020 Confinement of children.
1) No person who has custody or control of any child under eight (8) years of age shall leave unattended
or locked or confined, or permit such child to be locked or confined or left unattended, in an
automobile, bus, or other vehicle upon the streets, alleys, or other public places for a period of time
longer than 30 consecutive minutes or for such period of time as may be likely to endanger the health or
welfare of such child. A child is unattended if the oldest person with the child in the vehicle is under the
age of twelve (12) years.
2) A violation of this Section is a Class A Infraction. (Ord. 82-77 § 112.01, 1982)
Section 5.03.130.030 Officer to enter vehicle.
It shall be lawful for any police officer of the City, finding a child confined in violation of the terms of this
Section, to enter such automobile, bus, or other vehicle and remove the child. The officer is authorized
to break the doors or windows of such vehicle. (Ord. 82-77 § 112.02, 1982)
Section 5.03.140 Article 5.03.140 Failure to appear.
Section 5.03.140.010 Failure to appear.
1)No person, having been arrested or cited to appear on an infraction or misdemeanor offense, shall fail
to appear:
a) In the manner specified in a citation served on the person;
b) Under the terms of a release agreement or security release in which the person agrees to
subsequently appear; or
c) At any time fixed by the Court.
2) No person, having been convicted of an infraction or misdemeanor offense, shall fail to appear at any
time fixed by the Court until all sentence requirements have been fulfilled.
3) A violation of subsection 1) or 2) of this Section is a Class A Misdemeanor. In addition to any other
penalty provision allowed herein, a violation of this Section may include any other sanctions provided
for in ORS 153.061.
4) It shall be no defense that a defendant lacked knowledge of aCourt appearance, where notice was
mailed either to the defendant at the address listed on the citation or to the last address provided to the
Court by the defendant's attorney of record. (Ord. 2002-38 § 3, 11/04/2002; Ord. 88-50 § 10, 1988; Ord.
82-77 § 113.01)
Section 5.03.150 Article 5.03.150 Special response fee.
Section 5.03.150.010 Notice provisions.
1) When a police officer determines that one or more persons are engaged in an activity or conduct
which violates the provisions of the Corvallis Criminal Code [Municipal Code Chapter 5.03] or the
Criminal Code of Oregon, the police shall give written notice to one or more of the persons who are
engaged in, or who are in control of, such activity or conduct that the activity or conduct must
immediately cease.
2) Notice recipients shall be liable for a special response fee if a subsequent police response arising out
of the activity or conduct is required within thirty (30) days following such notice. A special response fee
will be charged to each person identified in subsection 5.03.150.020 of this Section. Separate fees shall
be charged for each subsequent police response. The special response fee is defined as the total cost
incurred by the City in connection with such response, including but not limited to, police officers,
equipment, dispatch and supervisor time. (Ord. 2010-17 §1, 08/16/2010; Ord. 82-77, 1982) (2010-17,
Amended, 08/16/2010)
Section 5.03.150.020 Liability imposed.
1)Each person responsible for, or engaged in, activity or conduct requiring a subsequent police response
as defined in subsection 5.03.150.010 of this Section shall be held jointly and severally liable for
payment of the costs included in the special response fee. If any person responsible for, or engaged in,
the activity or conduct is a minor, the minor's parent(s) or guardian(s) shall also be liable for such fee.
2)Affirmative defense. A person charged for a special response fee under the terms of Section
5.03.150.010 may demonstrate to the City Manager (by providing a valid driver's license or utility bill or
other similar document satisfactory to the City Manager) that the person has vacated the property and
officially changed his or her address and/or residency so that the person no longer had control of the
location where the activity or conduct occurred at the time the special response fee was charged. If the
documents show clearly and unambiguously on their face that the change of address was effective prior
to the date of the subsequent police response set out in Section 5.03.150.010, the City Manager shall
waive the special response fee charges and no appeal to a hearings officer is required. (Ord. 2010-17 §2,
08/16/2010; Ord. 82-77 1972) (2010-17, Amended, 08/16/2010)
Section 5.03.150.030 Authorizing City Manager.
The City Manager is authorized to adopt a fee schedule, appropriate procedures for billing and other
matters necessary for the administration of this Section.
Section 5.03.150.040 Collection.
A bill for the costs incurred by the City for its subsequent response(s) shall be prepared and delivered to
the person(s) responsible therefor who shall be liable for its payment. The amount shall be deemed a
debt to the City of the person(s) responsible who shall be liable in an action brought in the name of the
City for recovery of such amount, including reasonable attorney's fees.
Section 5.03.150.050 Appeal.
Any person aggrieved by any decision to bill for costs of a subsequent response may appeal to a
hearings officer by filing a notice of appeal with the City Manager within fifteen (15) days of the date of
the billing. Upon the filling of such request, the City Manager shall set a time and place for the hearing
and shall notify the appellant thereof. At the hearing, any person may present evidence in opposition to
or in support of the appellant's case. At the conclusion of the hearing, the hearings officer may affirm,
reverse or modify the decision and the decision of the hearings officer shall be final.
Section 5.03.150.060 Applicability.
This Section 5.03.150 shall only apply to activities or conduct described in subsection 5.03.150.010 of
this Section for which a citation may be issued for a violation of a City law or State statute.
Section 5.03.150.070 Remedies.
The remedies herein set forth are nonexclusive and are in addition to any and all other remedies
available to the City as provided by operation of law. (Ord. 91-28 § 3, 1991)
Section 5.03.160 Article 5.03.160 Penalty.
Section 5.03.160.010 Infractions.
An offense is an infraction if:
1) The offense is so designated herein; or
2) The offense is declared to be an infraction for purposes of the particular case as follows: Upon
arraignment of the defendant upon any misdemeanor charge other than a misdemeanor created under
ORS 811.540 and 813.010, before the Court asks under ORS 135 et seq how the defendant pleads to the
charge, the City Attorney shall declare on the record the intention whether or not to treat the offense in
the case as an infraction. The case shall proceed as an infraction unless the City Attorney affirmatively
states that the case shall proceed as a misdemeanor. If the case proceeds as an infraction, the
accusatory instrument shall be amended to denominate as an infraction the offense in the case, and the
offense, for purposes of the case, shall thereafter be treated as an infraction subject to a fine as
provided herein. If the City Attorney declares an intention to treat the offense as a misdemeanor, the
offense in the case shall thereafter continue to be treated as a crime. If the offense is denominated an
infraction pursuant to this procedure, the Court shall, when it enters judgment in the case, clearly
denominate the offense as an infraction in the judgment order. Any offense declared to be an infraction
pursuant to this procedure shall be deemed a Class A infraction.
3) Notwithstanding subsection 2) of this Section, the offense of Providing Alcoholic Liquor to Certain
Persons, as described in Section 5.03.040.010.02 herein, shall not be treated as an infraction. (Ord. 8949 § 3, 1989; Ord. 82-77 § 190.01, 1982)
Section 5.03.160.020 Misdemeanors.
An offense is a misdemeanor if it is so designated in any law of the City or if a person convicted thereof
may be sentenced to a maximum term of imprisonment of not more than one year. (Ord. 82-77 §
190.02, 1982)
Section 5.03.160.030 Classification of misdemeanors.
Misdemeanors are classified for the purpose of sentence into the following categories: 1) Class A
Misdemeanors;
2) Class B Misdemeanors; and
3) Class C Misdemeanors. (Ord. 82-77 § 190.03, 1982)
Section 5.03.160.040 Penalties for misdemeanors.
Upon conviction for a misdemeanor, the Court shall sentence the defendant to pay a fine and/or to
serve a term of imprisonment with the following maximum limitations:
1) For a Class A Misdemeanor, the fine shall not exceed $2,500, nor shall the term of imprisonment
exceed one (1) year.
2) For a Class B Misdemeanor, the fine shall not exceed $1,000, nor shall the term of imprisonment
exceed six (6) months.
3) For a Class C Misdemeanor, the fine shall not exceed $500, nor shall the term of imprisonment exceed
thirty (30) days. (Ord. 82-77 § 190.04, 1982)
Section 5.03.160.050Penalties consistent with State law.
Whenever the penalty provision of a violation for any offense herein provides for penalties greater than
those provided for in State statutes for the identical conduct the Court is limited to the lessor penalty as
provided in the State statute. However, nothing in this section shall prevent the Court from imposing
penalties or sanctions prescribed by State statute by not being specifically included herein. (Ord. 200238 § 2, 11/04/2002; Ord. 88-50 § 11, 1988; Ord. 82-77 § 190.05, 1982)
Section 5.03.170 Saving clause.
All ordinances repealed hereby [Section 11(1) of Ordinance 56-29 as amended, and Ordinances 486,
1682, 50-10, 54-26, 54-31 as amended, 56-19, 58-6 as amended, 59-15 as amended, 64-20, 71-86, and
78- 05 as amended] shall remain in force to authorize the arrest, prosecution, conviction, and
punishment of a person who violates any of the provisions of those ordinances prior to the effective
date hereof. (Ord. 82-77 § 191, 1982)