Chapter 7.08 DISORDERLY CONDUCT

Chapter 7.08
DISORDERLY CONDUCT

Sections:

7.08.010 Disorderly conduct.

7.08.020 Harassment.

7.08.030 Repealed.

7.08.035 Drinking at Albany Station.

7.08.040 Consumption or possession of alcoholic beverages in public places.

7.08.050 Unnecessary noise.

7.08.052 Sound amplifying paging systems.

7.08.060 Tampering with animals used for law enforcement purposes.

7.08.070 Assault.

7.08.080 Menacing.

7.08.090 Recklessly endangering another person.

7.08.010 Disorderly conduct.

(1) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he/she:

(a) Engages in fighting or in violent, tumultuous or threatening behavior; or

(b) Makes unreasonable noise; or

(d) Disturbs any lawful assembly of persons without lawful authority; or

(e) Obstructs vehicular or pedestrian traffic on a public way; or

(f) Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or

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

(h) Creates a hazardous or physically offensive condition by any act which he/she is not licensed or privileged to do.

(2) Public Intoxication. A person commits the crime of public intoxication if he/she creates, while in a state of intoxication, any disturbance of the public in any public or private business or place. (Ord. 5026 § 1, 1993; Ord. 3603 § 1, 1972; Ord. 2823 § 3, 1958).

7.08.020 Harassment.

(1) A person commits the crime of harassment if, with intent to harass, annoy or alarm another person, the actor:

(a) Subjects another to offensive physical contact;

(b) Publicly insults another by abusive or obscene words or gestures in a manner likely to provoke a violent or disorderly response;

(c) Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person, which report reasonably would be expected to cause alarm;

(d) Subjects another to alarm by conveying a telephonic or written threat to inflict serious physical injury on that person or to commit a felony involving the person or property of that person or any member of that person’s family, which threat reasonably would be expected to cause alarm;

(e) Subjects another to alarm or annoyance by telephonic use of obscenities or description of sexual excitement or sadomasochistic abuse or sexual conduct as defined in ORS 167.060 including intercourse, masturbation, cunnilingus, fellatio, or anilingus, which use or description is patently offensive and otherwise obscene as defined in ORS 167.087(2)(b) and (c); or

(f) Causes the telephone of another to ring with no communicative purpose.

(2) A person is criminally liable for harassment if the person knowingly permits any telephone under the person’s control to be used in violation of subsection (1) of this section. (Ord. 4629 § 1, 1984; Ord. 4492 § 1, 1982; Ord. 3603 § 2, 1972; Ord. 2823 § 4, 1958).

7.08.030 Loitering.

Repealed by Ord. 5779. (Ord. 5026 § 1, 1993; Ord. 3603 § 3, 1972; Ord. 2823 § 5, 1958).

7.08.035 Drinking at Albany Station.

It is unlawful, while at Albany Station, to do the following:

(1) Consume any alcoholic beverage; or

(2) Possess on one’s person any bottle, can, or other receptacle containing any alcoholic beverage, which has been opened, or a seal broken, or the contents of which have been partially removed. For purposes of this section, Albany Station refers to all City-owned property upon which train/multimodal facilities are located and all City-owned property adjacent thereto. This area is bounded by Pacific Boulevard (OR 99E) on the north and west, 12th Avenue on the south, and Union Pacific Railroad property on the east.

(3) Exemption. Notwithstanding subsection (2) of this section, the City Manager or designee may issue special permits for the use and possession of alcoholic beverages at Albany Station upon such terms and conditions as may be deemed appropriate. (Ord. 5755 § 1, 2011).

7.08.040 Consumption or possession of alcoholic beverages in public places.

(1) It is unlawful for any person to drink or consume any alcoholic beverage 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) It is unlawful to possess on one’s person any bottle, can, or other receptacle containing any alcoholic beverage which has been opened, or upon which a seal has been broken, or from which the contents have been partially removed 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.

(3) The prohibitions of subsections (1) and (2) of this section shall not apply to any place wherein the possession or consumption of alcoholic beverages is subject to the control or regulation of the Oregon Liquor Control Commission, where otherwise permitted by State law, or where otherwise authorized by the City of Albany or in any City park wherein the possession or consumption of alcoholic beverages is not prohibited by other provisions of this code.

(4) A violation of this section is a misdemeanor punishable under the general penalty provided in Chapter 1.04 AMC.

(5) For purposes of this chapter, an alcoholic beverage is defined as any beverage containing more than one-half percent of alcohol by volume and every liquid or solid, patented or not, containing alcohol, and capable of being consumed by a human being. (Ord. 5819 § 1, 2013; Ord. 2823 § 7, 1958).

7.08.050 Unnecessary noise.

It is unlawful for any person to create, assist in creating, permit, continue, or permit the continuance of any loud, disturbing, or unnecessary noise in the City.

(1) The following acts are declared to be violations of this section, but such enumerations are not deemed to be exclusive (no warning need be given unless otherwise notated):

(a) The use of any automobile, motorcycle, streetcar, or other vehicle, any engine, stationary or moving instrument, device, or thing so out of repair, so loaded, or operated in such manner as to create loud or unnecessary grating, grinding, rattling, or other noises;

(b) The sounding of any horn or signal device on any automobile, motorcycle, streetcar, or other vehicle on any street or public place of the City, except as a necessary warning or danger to property or person;

(c) The use of any mechanical device operated by compressed air, steam, or otherwise, unless the noise created thereby is effectively muffled;

(d) The erection, including excavation, demolition, alteration, or repair of a structure, private utility, or ancillary facility, other than between the hours of 7:00 a.m. and 7:00 p.m., except in case of urgent necessity to prevent the imminent collapse of a structure or imminent threat to public safety or otherwise permitted through subsection (2) of this section;

(i) Notwithstanding the time limits of this subsection (1)(d), the property owner, as listed by the county assessor, or person in legal tenancy of the property may do work on said property, occupied by that person, between the hours of 7:00 a.m. and 8:00 p.m.;

(e) Activities ancillary to construction, regulated under subsection (1)(d) of this section including, but not limited to, preparation of materials, staging of construction equipment and apparatus, processing, preparing, or moving construction vehicles, equipment, or materials, which generate sounds audible at any residentially zoned property other than between the hours of 6:30 a.m. and 7:30 p.m; or otherwise permitted through subsection (2) of this section;

(f) The use of any gong or siren upon any vehicle other than police, fire, or other emergency vehicle;

(g) The operation of any gasoline engine without having the same equipped with and using thereupon a muffler;

(h) The use of “muffler cutout” on any motor vehicle upon any street;

(i) The use or operation of any automatic or electric piano, phonograph, radio, loudspeaker, or any sound amplifying device so loudly as to disturb persons in the vicinity thereof or in such manner as renders the same a public nuisance, unless otherwise permitted through subsection (2) of this section;

(j) The conducting, operating, or maintaining of any garage within 100 feet of any building used as a private residence, apartment house, rooming house, or hotel in such a manner as to cause loud or offensive noises to be emitted therefrom between the hours of 10:00 p.m. and 7:00 a.m.;

(k) 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;

(l) 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;

(m) Playing, using, or operating any radio, musical instrument, phonograph, television set, tape recorder, loudspeaker, or other machine or device for the producing, reproducing, or amplification of sound in such a manner as to be plainly audible:

(i) Within any closed dwelling unit which is not the source of the sound, between the hours of 8:00 p.m. and 7:00 a.m.; or

(ii) At a distance of 50 feet from the source of the sound.

(A) As used in this subsection and subsection (1)(n) of 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.

(B) This section does not prohibit the reasonable use of mechanical loudspeakers or sound amplifiers in the course of public events for which a permit has been issued through subsection (2) of this section.

(n) The gathering of any number of persons upon premises, whether public or private, and the creation of noise from the collective voices of such persons between the hours of 8:00 p.m. and 7:00 a.m. that is plainly audible within any dwelling unit that is not the source of the sound; and

(i) Upon first offense, location shall be issued a warning, either in writing or orally.

(o) Using, operating, or permitting to be used or operated any mechanical loudspeaker, 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 subsection (2) of this section.

(2) Permits. The City Manager or their designee may issue a permit, authorizing activity otherwise prohibited by this section outside of the specified time limits, if the City Manager or their designee determines that the public health, safety, and welfare will not be impaired by such activities and that there are compelling reasons for such request for the permit to granted. The City Manager or their designee may impose any reasonable conditions on the permit, including, but not limited to, limiting the hours during which the activities may occur. The City Manager or their designee may deny, or revoke said permit via notice of such action to the applicant or permittee. The action shall be effective immediately.

(a) It shall be required that any company or individual, who is granted a permit for construction noise, notify all residential properties within 500 feet of the permitted location. (Ord. 5989, 2022; Ord. 5878 § 1, 2016; Ord. 5761 § 1, 2011; Ord. 4937 § 1, 1990; Ord. 3873 § 1, 1975; Ord. 2823 § 43, 1958).

7.08.052 Sound amplifying paging systems.

(1) For purposes of this chapter, a “sound amplifying paging system” is defined as any device which amplifies any sound from which a person may obtain the information that he or she is receiving a telephone call or from which he or she may receive directions from another person. “Sound amplifying paging system” does not include any sound amplification device used by any law enforcement agency, fire department, or other unit of government that uses such device in connection with law enforcement or public safety function.

For purposes of this chapter, “plainly audible” is defined as any sound which can be heard outside of any building by the human ear 20 feet or more from the source of such sound.

(2) It shall be unlawful to operate or permit the use or operation of any sound amplifying paging system which produces a plainly audible sound except as provided herein.

(3) Operation of sound amplifying paging systems shall be permitted from the hours of 8:00 a.m. to 9:00 p.m. so long as the volume of sound shall not exceed 65 decibels at any property line which is under the control of the operator of the system and is contiguous to the property upon which the sound amplifying paging system is located.

(4) It shall be unlawful to operate any sound amplifying paging system which is plainly audible between the hours of 9:00 p.m. and 8:00 a.m.

(5) This section applies only to amplified sound or speech. It does not apply to the unamplified human voice. (Ord. 4998 § 1, 1992).

7.08.060 Tampering with animals used for law enforcement purposes.

It is unlawful for any person to torture, torment, beat, kick, strike, choke, cut, stab, stone, shoot, mutilate, injure, disable, kill, or tamper with any animal while it is being caged, kennelled, transported, exhibited, exercised, or used in discharging or attempting to discharge any lawful duty or function or power of office by any police officer or his/her representative for any police agency. (Ord. 5026 § 1, 1993; Ord. 4633 § 1, 1984).

7.08.070 Assault.

A person commits the crime of assault if the person:

(1) Intentionally, knowingly, or recklessly causes physical injury to another; or

(2) With criminal negligence causes physical injury to another by means of a deadly weapon. (Ord. 5141 § 2, 1994).

7.08.080 Menacing.

A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury. (Ord. 5141 § 3, 1994).

7.08.090 Recklessly endangering another person.

A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of physical injury to another person. (Ord. 5141 § 4, 1994).