7.962 Definitions | Medford Municipal Code

7.962 Definitions.

Words and phrases used in sections 7.960 through 7.978 shall have the following meanings ascribed to them:

(1) “Chronic Nuisance Abatement Plan (CNAP)” means a plan required to be submitted by a person in charge in response to a notice authorized under section 7.964 that includes actions to abate, correct, or eliminate the occurrence of chronic nuisance activities on or around the property. A CNAP may include, but is not limited to the following: actions to remedy building code, fire code, property maintenance code, and nuisance code violations; eviction of problem tenants responsible for causing chronic nuisance activities; or hiring security guards to monitor the property. A CNAP shall include an implementation timeline.

(2) “Chronic Nuisance Property” means property on which:

(a) three or more nuisance activities have occurred during any 30-day period;

(b) four or more nuisance activities have occurred during any 120-day period;

(d) a court has issued a search warrant based upon probable cause that possession, manufacture, or delivery of a controlled substance or related offenses as defined in ORS 167.203, ORS 475.005 through ORS 475.285 and/or ORS 475.752 through 475.980 has occurred within the previous thirty (30) days, and the execution of the search warrant has resulted in the discovery of such controlled substances.

(3) “Nuisance Activities” means any of the following activities, behaviors, or criminal conduct that occurs on or within 200 feet of a property:

(a) harassment as provided in ORS 166.065 or Medford Municipal Code section 5.130;

(b) intimidation as provided in ORS 166.155 through 166.165;

(d) assault as provided in ORS 163.160, ORS 163.165, ORS 163.175, ORS 163.185 or Medford Municipal Code section 5.105;

(e) strangulation as provided in ORS 163.187;

(f) menacing as provided in ORS 163.190 or Medford Municipal Code section 5.110;

(g) recklessly endangering another person as provided in ORS 163.195 or Medford Municipal Code section 5.115;

(h) public and private indecency as provided in ORS 163.465 and ORS 163.467;

(i) prostitution or related offenses as provided in ORS 167.007 through ORS 167.017;

(j) alcoholic liquor violations as provided in the Oregon Liquor Control Act, or Medford Municipal Code sections 5.310, 5.350, 5.360 or 5.361;

(k) theft as provided in ORS 164.015 through 164.140 or Medford Municipal Code sections 5.291 through 5.298;

(l) arson or related offenses as provided in ORS 164.315 through 164.335;

(m) possession, manufacture, or delivery of a controlled substance or related offenses as provided in ORS 167.203, ORS 475.005 through 475.285, and ORS 475.752 through 475.980;

(n) illegal gambling as provided in ORS 167.118, ORS 167.122, and ORS 167.127;

(o) criminal mischief as provided in ORS 164.345 through 164.365 or Medford Municipal Code section 5.270;

(p) any attempt to commit (as defined by ORS 161.405), or conspiracy to commit (as defined by ORS 161.455), any of the above offenses;

(q) marijuana-related offenses as provided in the Control and Regulation of Marijuana Act (ORS 475B.010 through ORS 475B.395), the Oregon Medical Marijuana Act (ORS 475B.400 through ORS 465B.525), or Medford Municipal Code sections 5.652, 5.653, 5.705, 5.710, or 5.715;

(r) hindering prosecution as provided in ORS 162.325;

(s) discharge of weapons as provided in Medford Municipal Code section 5.160;

(t) public urination as provided in Medford Municipal Code section 5.125;

(u) unnecessary noise as provided in Medford Municipal Code section 5.225(1)(a-b);

(v) unlawful accumulation of junk as provided in Medford Municipal Code section 5.500; and

(w) failure to control dangerous dog as provided in Medford Municipal Code section 5.603.

(4) “Control” means the ability to regulate, restrain, dominate, counteract, or govern conduct that occurs on a property.

(5) “Person in Charge” means any person, in actual or constructive possession of a property, including but not limited to, an owner, occupant, tenant, or person authorized to manage a property.

(6) “Permit” means to suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.

(7) “Person” means any natural person, agent, association, firm, partnership, or corporation capable of owning, occupying, using, or managing property in the City of Medford.

(8) “Property” means any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to, any business or residential premises, room, house, parking area, loading area, landscaping, building, or structure or any separate part, unit, or portion thereof, or any business equipment, whether or not permanent. For property consisting of more than one unit, property is limited to the unit or the portion of the property on which any nuisance abatement has occurred or is occurring, but includes areas of the property used in common by all units of property including without limitation other structures erected on the property and areas used for parking, loading, and landscaping.

(9) “Person Associated With” means any person who, on the occasion of a nuisance activity, has entered, patronized, visited, or attempted to enter, patronize or visit, or waited to enter, patronize or visit a property or person present on a property, including without limitation any officer, director, customer, agent, employee, or any independent contractor of a property, person in charge, or owner thereof.