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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