HomeMy WebLinkAboutOrdinance 6166 05/15/2006
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ORDINANCE NO. 6166 (General)
AN ORDINANCE AMENDING SECTION 5.104 "MISDEMEANORS AND VIOLATIONS - STATE
STATUTES ADOPTED" OF THE SPRINGFIELD MUNICIPAL CODE (SMC}TO ADOPT BY
REFERENCE, OREGON REVISED STATUTES (ORS) CHAPTER 181 THEREBY ADOPTING STATE
ORS CRIMINAL STATUTES.
The City Council of the City of Springfield finds as follows:
1. It is in the public interest for the City of Springfield to adopt Oregon Revised
Statutes Chapter 181 so that the Springfield Municipal Court Prosecutor may
prosecute misdemeanor failure to register sex offender crimes pursuant to state law
in the Springfield Municipal Court; and,
2. 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, 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 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 15th day of
a vote of ~ in favor ~ against.
May
, 2006 by
ArrEST:
2006.
Approved by the Mayor of the City of Springfield thO
REVIEWED & APPROVED
AS TO FORM
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OFFICE OF CITY ATTORNEY
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Criminal Charges\Ordinance - Misdemeanors and Vios.doc