Title 167 · ORS Chapter 167

167.404] �� 167.780 Sale or dispensing of tobacco products or inhalant delivery systems by vending machine. (1) As used in this section and ORS 167.775, �vending machine� means a device that, u

Citation: ORS 167.404

Section: 167.404

167.404]

�� 167.780 Sale or dispensing of tobacco products or inhalant delivery systems by vending machine. (1) As used in this section and ORS 167.775, �vending machine� means a device that, upon the insertion of tokens, money or another form of payment, dispenses tobacco products or inhalant delivery systems.

�� (2) A person may not sell or dispense tobacco products or inhalant delivery systems from a vending machine, except in an establishment where the premises are permanently and entirely off-limits to persons under 21 years of age as required by rules adopted by the Oregon Liquor and Cannabis Commission.

�� (3) A person who violates this section commits a Class B violation. Each day that the person commits the violation constitutes a separate offense. [Formerly 167.402; 2021 c.351 �6]

�� 167.785 [Formerly 167.400; repealed by 2021 c.586 �19]

MISCELLANEOUS

�� 167.808 Unlawful possession of inhalants. (1) For the purposes of this section:

�� (a) �Inhalant� means any glue, cement or other substance that is capable of causing intoxication and that contains one or more of the following chemical compounds:

�� (A) Acetone;

�� (B) Amyl acetate;

�� (C) Benzol or benzene;

�� (D) Butane;

�� (E) Butyl acetate;

�� (F) Butyl alcohol;

�� (G) Carbon tetrachloride;

�� (H) Chloroform;

�� (I) Cyclohexanone;

�� (J) Difluoroethane;

�� (K) Ethanol or ethyl alcohol;

�� (L) Ethyl acetate;

�� (M) Hexane;

�� (N) Isopropanol or isopropyl alcohol;

�� (O) Isopropyl acetate;

�� (P) Methyl cellosolve acetate;

�� (Q) Methyl ethyl ketone;

�� (R) Methyl isobutyl ketone;

�� (S) Nitrous oxide;

�� (T) Toluol or toluene;

�� (U) Trichloroethylene;

�� (V) Tricresyl phosphate;

�� (W) Xylol or xylene; or

�� (X) Any other solvent, material, substance, chemical or combination thereof having the property of releasing toxic vapors or fumes.

�� (b) �Intoxication� means any mental or physical impairment or incapacity.

�� (2) It is unlawful for a person to possess any inhalant if the person intends to use the inhalant for the purpose of inducing intoxication in the person who possesses the inhalant or for the purpose of inducing intoxication in any other person.

�� (3) A person may not use any inhalant for the purpose of inducing intoxication in the person using the inhalant or for the purpose of inducing intoxication in any other person.

�� (4) The prohibitions of this section do not apply to any substance that:

�� (a) Has been prescribed by a health practitioner, as described in ORS 31.740, and that is used in the manner prescribed by the health practitioner; or

�� (b) Is administered or used under the supervision of a health practitioner, as described in ORS 31.740.

�� (5)(a) Any person who violates this section commits a violation. Violation of this section is a Class C violation. In addition to or in lieu of a fine, a juvenile court may require that a minor who engages in conduct prohibited by this section be provided with treatment and counseling.

�� (b) Notwithstanding paragraph (a) of this subsection, a second or subsequent violation of this section by a person is a Class B misdemeanor. If a juvenile court finds that a minor has engaged in conduct prohibited by this section on a second or subsequent occasion, the court shall require that the minor receive treatment and counseling. [1999 c.229 �1; 1999 c.1051 �322f; 2011 c.597 �81]

�� 167.810 Creating a hazard. (1) A person commits the crime of creating a hazard if:

�� (a) The person intentionally maintains or leaves in a place accessible to children a container with a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot easily be opened from the inside; or

�� (b) Being the owner or otherwise having possession of property upon which there is a well, cistern, cesspool, excavation or other hole of a depth of four feet or more and a top width of 12 inches or more, the owner intentionally fails or refuses to cover or fence it with a suitable protective construction.

�� (2) Creating a hazard is a Class B misdemeanor. [1971 c.743 �284]

�� 167.820 Concealing the birth of an infant. (1) A person commits the crime of concealing the birth of an infant if the person conceals the corpse of a newborn child with intent to conceal the fact of its birth or to prevent a determination of whether it was born dead or alive.

�� (2) Concealing the birth of an infant is a Class A misdemeanor. [1971 c.743 �286]

�� 167.822 Improper repair of a vehicle inflatable restraint system. (1) A person commits the crime of improper repair of a vehicle inflatable restraint system if the person knowingly:

�� (a) Installs as part of a vehicle inflatable restraint system an object that is not designed in accordance with federal safety regulations for the make, model and year of the motor vehicle; or

�� (b) If requested to repair or replace a vehicle inflatable restraint system, fails to install an object that is required to make a vehicle inflatable restraint system comply with federal safety regulations for the make, model and year of the motor vehicle.

�� (2) Improper repair of a vehicle inflatable restraint system is a Class A misdemeanor. [2001 c.439 �1]

�� 167.824 Unlawful possession of undeployed air bags or air bag canisters. (1) A person may not possess more than two undeployed air bags or air bag canisters containing sodium azide that have been removed from a vehicle. This subsection does not apply to motor vehicle dealers, automobile repair facilities or dismantlers certified under ORS 822.110.

�� (2) A violation of subsection (1) of this section is a Class C misdemeanor. [2005 c.514 �2; 2005 c.654 �13b]

�� 167.830 Employment of minors in place of public entertainment. Except as provided in ORS 167.840, any person operating or conducting a place of public amusement or entertainment, who employs or allows a child under the age of 18 years to conduct or assist in conducting any public dance, including but not limited to dancing by the child as a public performance, or to assist in or furnish music for public dancing, commits a Class D violation. [1971 c.743 �292; 1987 c.905 �18; 1999 c.1051 �163]

�� 167.840 Application of ORS 167.830 limited. (1) ORS 167.830 does not apply if:

�� (a) Alcoholic beverages are not permitted to be dispensed or consumed in the place of public amusement or entertainment open to the individuals attending the public dance;

�� (b) Alcoholic beverages are not permitted to be dispensed or consumed in any place connected by an entrance to the place of public amusement or entertainment;

�� (c) Applicable laws, regulations and ordinances for the protection of children under the age of 18 years are observed in the conduct of the dance; and

�� (d) At least one responsible adult is present at all times during the public dance to see that applicable laws, regulations and ordinances for the protection of children under 18 years of age are observed.

�� (2) ORS 167.830 does not apply if the child has the written permission of the judge of the juvenile court, for the county in which the child resides, to conduct or assist in conducting the public dance. The judge of the juvenile court shall grant such permission only if:

�� (a) The parents or legal guardians of the child have consented to the child�s participation in such activity; and

�� (b) The judge has found that participation in such activity will not be inconsistent with the health, safety and morals of the child.

�� (3) This section is not intended to make lawful any activity that is prohibited within a political subdivision of this state by ordinance or other regulation of the political subdivision.

�� (4) The requirements of this section are in addition to, and not in lieu of, the requirements of ORS 653.315. [1971 c.743 �293]

�� 167.850 [1971 c.743 �226; repealed by 1985 c.662 �15]

�� 167.860 [1971 c.596 �1; 1973 c.836 �345; 1985 c.662 �7; renumbered 167.345]

�� 167.862 [1983 c.648 �1; 1985 c.662 �9; renumbered 167.350]

�� 167.865 [1977 c.539 �2; renumbered