HomeMy WebLinkAboutItem 15 Update Springfield Municipal Code Section 5.104 'Misdemeanors and Violations - State Statutes Adopted' AGENDA ITEM SUMMARY Meeting Date: 3/7/2016
Meeting Type: Regular Meeting
Staff Contact/Dept.: Mary Bridget Smith/ City Attorney’s Office
Staff Phone No: 541-746-9621
Estimated Time: 05 Minutes S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Mandate
ITEM TITLE: UPDATE SPRINGFIELD MUNICIPAL CODE SECTION 5.104
“MISDEMEANORS AND VIOLATIONS –STATE STATUTES ADOPTED”.
ACTION
REQUESTED:
Hold a first reading of the following ordinance: AN ORDINANCE AMENDING
CHAPTER 5, “PUBLIC PROTECTION” SECTION 5.104 “MISDEMEANORS AND VIOLATIONS – STATE STATUTES ADOPTED” OF THE SPRINGFIELD
MUNICIPAL CODE (SMC) TO ADOPT BY REFERENCE, OREGON REVISED STATUTES (ORS) CHAPTERS 161, 162, 163, 164, 165, 166, 167, 181, 471, 475 AND ORS 480.110 TO 480.160 THEREBY ADOPTING STATE ORS
CRIMINAL STATUTES (FIRST READING).
ISSUE
STATEMENT:
The purpose of this amended Ordinance is to include any changes in the statutes
listed in SMC, Section 5.104 that occurred in the last legislative session.
ATTACHMENTS: Attachment 1: Ordinance
DISCUSSION/
FINANCIAL IMPACT:
No financial impact. SMC Section 5.104 adopts by reference and makes state
misdemeanor and violation crimes an offense against the City of Springfield so they may be prosecuted in Springfield Municipal Court. This Section is updated on an
annual basis to capture any changes that have occurred in the incorporated statutes
during the most recent legislative session.
ORDINANCE NO. _____ (General)
AN ORDINANCE AMENDING CHAPTER 5, “PUBLIC PROTECTION”
SECTION 5.104 “MISDEMEANORS AND VIOLATIONS –
STATE STATUTES ADOPTED” OF THE SPRINGFIELD MUNICIPAL CODE (SMC)
TO ADOPT BY REFERENCE, OREGON REVISED STATUTES (ORS) CHAPTERS 161, 162,
163, 164, 165, 166, 167, 181, 471, 475 AND ORS 480.110 TO 480.160
THEREBY ADOPTING STATE ORS CRIMINAL STATUTES
The City Council of the City of Springfield ordains as follows:
WHEREAS, it is in the public interest for the City of Springfield to adopt Oregon Revised
Statutes (ORS) Chapters 161, 162, 163, 164, 165, 166, 167, 181, 471, 475 and ORS
480.110 to 480.160 so that the Springfield Prosecutor may continue to prosecute in the
Springfield Municipal Court such misdemeanors and violations pursuant to state law;
and
WHEREAS, it is in the public interest for the City of Springfield to adopt language
amending SMC Section 5.104 so as to include penalties and statutory language as the
ORS currently describes.
NOW THEREFORE, based upon the foregoing findings, the City Council of the City of
Springfield ordains as follows:
Section 1. Section 5.104 “Misdemeanors and Violations – State Statutes Adopted” of
the Springfield Municipal Code Chapter 5 is hereby amended to read as follows:
“Each misdemeanor and violation made an offense against the state under the
provisions of the ORS Chapters 161, 162, 163, 164, 165, 166, 167, 181, 471, 475
and 480.110 to 480.160, currently in effect and constituted, are adopted by
reference and made a part of this Chapter and designated an offense against the
City. A person who violates any one of the provisions within the jurisdiction of
the City is in violation of this chapter and shall be charged with the offense of
violating section 5.104 of this code, and reference shall be made in the charging
instrument to that particular section of the ORS, as incorporated by reference,
which has been violated. If any other section of this chapter or any other SMC
ordinance creates a specific misdemeanor or violation offense in conflict with an
ORS misdemeanor or violation offense incorporated by reference in this chapter,
the provisions of the ORS regarding misdemeanor or violation offense
incorporated by reference, shall govern.”
Attachment 1, Page 1 of 2
Section 2. Severability. If any phrase, clause, or other part or parts of this Article is
found to be invalid by a court of competent jurisdiction, the remaining phrases, clauses
and other part or parts shall remain in full force and effect.
Adopted by the City Council of the City of Springfield this ____ day of ______________,
2016 by a vote of _____ in favor _____ against.
Approved by the Mayor of the City of Springfield this ____ day of _________________,
2016.
______________________________
Christine Lundberg, Mayor
ATTEST:
_______________________________
Amy Sowa, City Recorder
Attachment 1, Page 2 of 2