HomeMy WebLinkAboutOrdinance 6347 03/21/2016 ORDINANCE NO. 6347 (General)
AN ORDINANCE AMENDING CHAPTER 5PUBLIC 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."
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 21 day of MARCH ,
2016 by a vote of 5 in favor _ o against. (1 ABS — Wylie)
Approved by the Mayor of the City of Springfield this 21 day of MARCH ,
2016.
Christine Lundberg, Mayor
ATTEST:
REVIEWED &APPRO
AS TO O
Amy Sowa, ity Recorder DAT
OFFICE OF TY ATT RNEY
ORDINANCE NO. 6347