2007 ORS 430.325¹
Prohibitions on local governments as to certain crimes

(1) A political subdivision in this state shall not adopt or enforce any local law or regulation that makes any of the following an offense, a violation or the subject of criminal or civil penalties or sanctions of any kind:

(a) Public intoxication.

(b) Public drinking, except as to places where any consumption of alcoholic beverages is generally prohibited.

(c) Drunk and disorderly conduct.

(d) Vagrancy or other behavior that includes as one of its elements either drinking alcoholic beverages or using controlled substances in public, being an alcoholic or a drug-dependent person, or being found in specified places under the influence of alcohol or controlled substances.

(e) Using or being under the influence of controlled substances.

(2) Nothing in subsection (1) of this section shall affect any local law or regulation of any political subdivision in this state against driving while under the influence of intoxicants, as defined in ORS 813.010 (Driving under the influence of intoxicants), or other similar offenses that involve the operation of motor vehicles. [1971 c.622 §3; 1973 c.795 §6; 1975 c.715 §1; 1977 c.745 §39; 1983 c.338 §928]

Atty. Gen. Opinions

Drunkenness as ele­ment of crime of disorderly con­duct, breach of peace or vagrancy, (1975) Vol 37, p 647

Atty. Gen. Opinions

Authorized contracts and expenditures, (1977) Vol 38, p 1618


1 Legislative Counsel Committee, CHAPTER 430—Administration; Alcohol and Drug Abuse Programs, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­430.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 430, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­430ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.