HomeMy WebLinkAboutOrdinance 6214 02/04/2008
ORDINANCE N'O. 6214 (General)
/'
AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE (SMC), CHAPTER 5 -
PUBLIC PROTECTION TO ADD SECTION 5.117, UNLAWFUL POSSESSION OF
MARIJUANA LESS THAN ONE OUNCE, AND AMEND SECTION 5.104, MISDEMEANORS
AND VIOLATIONS - STATE STATUTES ADOPTED.
The Common Council of the City of Springfield finds as follows:
A. It is in the public interest for the City of Springfield to amend the Springfield
Municipal Code specifically Chapter 5 - Public Protection, of the Springfield Municipal
Code to add the violation of unlawful possession of less than one ounce of marijuana to
the Springfield Municipal Code and vesting jurisdiction in the Springfield Municipal
Court.
B. It is in the public interest for the City of Springfield to amend the above
described chapter of the Springfield Municipal Code adding the above described
violation as well as adding a penalty schedule and first offender diversion language.
C. It is in the public interest for the City of Springfield to amend SMC section 5.104
so as to include: prosecution, sentencing, diversions, collection on violation, fines and
\
jurisdiction over fine proceeds on the offense of unlawful possession of less than one
ounce of marijuana.
NOW THEREFORE, based upon the foregoing findings, the City Council of the City of
Springfield ordains as follows:
Section 1. The Springfield Municipal Code Chapter 5 is hereby amended to add the
following new language/section:
"Section 5.117 Unlawful Possession of Marijuana, Less than One Ounce.
(1) No person shall knowingly or intentionally use or possess less than one
avoirdupois ounce of the dried leaves, stems and flowers of the plant marijuana,
Canabis family Moraceae, unless used or possessed pursuant to a prescription
valid within and pursuant to the Oregon Revised Statutes.
(2) Unlawful possession of marijuana is a violation of the SMC if the amount
possessed is less than one avoirdupois ounce. A violation under this section is
punishable by a fine not less than $250.00 and not more than $720.00.
(3) Fines collected under this section shall not be forwarded to the Oregon
Department of Revenue but shall be retained by the City of Springfield.
Page 1 of 2
<i. ..
. ~
(4) The Springfield Municipal Court shall inform at arraignment, a defendant
charged with the violation of possession of less than one ounce of marijuana,
that a diversion program may be available. The marijuana diversion program is
available to eligible defendants who file with the court a diversion agreement
pursuant to the policy of the Springfield Municipal Court. If a defendant has not
had a prior conviction for this same offense or completed a diversion program for
this same offense within the last ten years, then they are eligible for the court
diversion program.
(5) The Springfield Municipal Court may at its discretion order suspension of
driving privileges after a person has been convicted of violation of this section
pursuant to ORS Chapter 809."
Section 2. Springfield Municipal Code Section 5.104 is hereby amended to read as
follows:
"Section 5.104 Misdemeanors and Violations - State Statutes Adopted.
Each misdemeanor and violation made an offense against the state under the
provisions of ORS chapters 161, 162, 163, 164, 165, 166, 167, 181,471, 475
and 480.110 to 480.160, as constituted when this code is adopted, are adopted
by reference and made a part of this chapter and designated an offense against
the city. A person who violates anyone of the provision within the jurisdiction of
the city is in violation of this chapter and shall be charged with the offense of
violating this section, 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 unless specifically exempted by SMC language."
Adopted by the Common Council of the City of Springfield this 4th day of February
2008, by a vote of 5 in favor 0 against. (1 Absent - Ralston)
Approved by the Mayor of the City of Springfield .
, 2008.
ATTEST:
~~~
City Reco er, Amy Sowa
N: \City\ORDINANC\Marijuana Violation \Ordinance.doc
~["![WE[) & ~~PROl1~1O
AS TO FORM \
~Q>\:~ ~ \4<\~
DATE: ,\~\\~
OFFICE OF CITY ATTORNEY
Page 2 of 2
ORDINANCE NO. 6214