8.18.030 Definitions.
A. “Abate” means affirmative actions to remove, to stop, to prevent a nuisance including but not limited to:
1. Restricting or limiting noise, loitering, parking or access to the property, including posting the property with signs indicating such restrictions;
2. Limiting the hours of operation of a business;
3. Closing the property for not less than ten days or more than six months;
4. Entering premises for purposes of removing, compelling the removal or destruction of the structure, thing, substance, condition or property constituting a nuisance;
5. Filing a civil complaint in a court of competent jurisdiction.
B. “Chronic nuisance property” means:
1. Property upon which the owner permits three or more separate incidents listed below to occur within any 30-day period, or five or more separate incidents listed below within any 90-day period, at least one of which separate incidents must have resulted in a citation or arrest;
2. Property, the use of which has a causal relation to three or more separate incidents listed below occurring within any 30-day period, or five or more separate incidents listed below within any 90-day period, at least one of which separate incidents must have resulted in a citation or arrest, and all of which occurred within one hundred feet of the boundary line of the subject property;
3. Any combination of separate incidents as specified in Section (3)(B)(1) and (B)(2) which amounts to three or more separate incidents listed below occurring within any 30-day period or five or more separate incidents listed below within any 90-day period, at least one of which separate incidents must have resulted in a citation or arrest;
4. For the purposes of Section (3)(B), the following offenses shall constitute incidents which would support a finding of chronic nuisance property:
a. Disorderly conduct as defined in ORS 166.025 or MMC 9.04.015;
b. Discharge of a firearm in violation of ORS 166.220 or MMC 9.44.020;
c. Noise disturbance as defined in MMC 8.16.150 or 9.32.040;
d. Minor in possession of alcohol as defined in ORS 471.430;
e. Public indecency as defined in ORS 163.465 or MMC 9.24.040;
f. Criminal mischief as defined in ORS 164.345 through ORS 164.365 or MMC 9.04.015;
g. Prostitution or related offenses as defined in ORS 167.007 through ORS 167.017;
h. Illegal gambling as defined in ORS 167.117 or ORS 167.122 through ORS 167.127;
i. Alcoholic liquor violations as defined in ORS Chapter 471.105 through 471.482 or MMC 9.20.020, 9.40.090, or 9.40.100;
j. Possession, manufacture, or delivery of a controlled substance or related offenses as defined in ORS 167.203, ORS 475.005 through 475.285, or ORS 475.940 through 475.995;
k. Endangering the welfare of a minor as defined in ORS 163.575 or MMC 9.40.070;
m. Assault as defined in ORS 163.160 through 163.185 or MMC 9.12.040;
n. Public consumption of alcohol as defined in MMC 9.20.020;
o. Offensive littering as defined in ORS 164.805 or MMC 9.04.015;
p. Menacing as defined in ORS 163.190, 166.155, 166.165 or MMC 9.12.010;
q. Reckless endangering as defined in ORS 163.195 or MMC 9.12.030;
r. Sale of drug paraphernalia as defined in MMC 9.22.010 through 9.22.050;
s. Begging as defined in MMC 9.32.020;
t. Public urination and indecent exposure as defined in MMC 9.24.040;
u. Animal abuse, neglect, abandonment, or fighting, or dog fighting as defined in ORS 167.315 through 167.330, 167.340, 167.355, 167.365 or MMC 9.16.010.
C. “Control” means the ability to regulate, restrain, dominate, counteract or govern conduct that occurs on property.
D. “Good cause” means circumstances beyond the ability of a person acting with reasonable care and diligence to control.
E. “Incident” means an occurrence of one of the nuisance behaviors set forth in Section (3)(B)(3). To qualify, all incidents must be based on either,
1. The sworn statement of a person who personally witnessed the alleged incident,
2. Personal observation of a law enforcement officer,
3. An allegation made by the owner of the property or the owner’s agent, or
4. A determination by a law enforcement officer after an investigation that there are reasonable grounds to conclude that the alleged incident did, in fact, occur.
F. “Owner” means any person, agent, firm or corporation having a legal or equitable or management interest in a property. Owner includes, but is not limited to:
1. A mortgagee in possession in whom is vested:
a. All or part of the legal title to the property; or
b. All or part of the beneficial ownership and a right to present use and enjoyment of the premises; or
2. A person who has the legal authority to control or to obtain authority to control what occurs on that property.
G. “Permit” means to suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.
H. “Property” means any real property including land and that which is affixed, incidental or appurtenant to land, including but not limited to any premises, room, house, building or structure or any separate part or portion thereof, whether permanent or not.
I. “Police chief” means the official responsible for enforcement of state and city laws as provided by the Charter of McMinnville, Oregon, or Departmental designee.
J. “Structure” means that which is built or constructed, an edifice or building of any kind including units thereof or mobile homes; any of which is an addition to or a fixture on real property. (Ord. 4784 §3, 2003).