HomeMy WebLinkAboutOrdinance 6167 05/15/2006
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ORDINANCE NO. 6167 (General)
AN ORDINANCE AMENDING SECTIONS 5.058 "DISORDERLY CONDUCT" AND
5.059 "HARASSMENT" OF CHAPTER 5 OF THE SPRINGFIELD MUNICIPAL
CODE (SMC) TO DELETE THE SMC LANGUAGE REGARDING THESE SECTIONS
AND ADOPT THE OREGON REVISED STATUTES (ORS) REGARDING THESE
CRIMES; DELETING FROM SECTION 5.604 ANY REFERENCE TO DISORDERLY
CONDUCT AND HARASSMENT AS CIVIL INFRACTIONS; AND AMENDING
SECTION 5.118 "FIREARMS" TO LIST UNLAWFUL DISCHARGE OR USE OF A
DANGEROUS WEAPON AS AN A OR C MISDEMEANOR.
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 the Oregon
Revised Statutes language regarding the crimes of disorderly conduct (ORS
166.025) and harassment (ORS 166.065); and,
It is in the public interest for the City of Springfield to adopt the Oregon
Revised Statutes standards in regards to fines and punishments for these two
misdemeanor crimes; and,
It is in the public interest for the City of Springfield to delete the existing
language of the Springfield Municipal Code regarding disorderly conduct (SMC
5.058) and harassment (SMC 5.059) because it is adopting the Oregon
Revised Statutes language and standards for these two crimes.
It is in the public interest for the City of Springfield to amend Section 5.118
"Firearms", to list unlawful discharge or use of a dangerous weapon within
the City as an A or C misdemeanor.
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NOW THEREFORE, based upon the foregoing findings, the City Council of the City of
Springfield ordains as follows:
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Section 1. Section 5.058 "Disorderly Conduct" of the Springfield Municipal Code is
hereby amended to read as follows:
"(1) The City of Springfield adopts and incorporates by reference herein the
Oregon Revised Statutes regarding the crime of disorderly conduct (ORS
166.025). Therefore, pursuant to the ORS the sentence for disorderly
conduct is described in the ORS and is that of a Class B misdemeanor under
the ORS."
Section 2. Section 5.059 "Harassment" of the Springfield Municipal Code Chapter 5 is
hereby amended to read as follows:
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"(1) The City of Springfield adopts and incorporates by reference herein the
Oregon Revised Statutes regarding the crime of harassment (ORS 166.065).
Therefore, pursuant to the ORS the sentence for harassment is described
pursuant to the ORS and is that of a Class B misdemeanor under the ORS."
Section 3. Section 5.604 "Application and Amendment," "Miscellaneous Particular
Nuisances" of the Springfield Municipal Code is hereby amended by deleting of "5.058
and 5.059" from Section 5.604.
Section 4. Section 5.118 "Firearms" of the Springfield Municipal Code is hereby
amended to read as follows:
"5.118 Weapons; Unlawful Discharge or Use of a Dangerous Weapon.
1. Discharge of a Firearm
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(a) As used in this section, the term firearm means a dangerous weapon, by
whatever name known, which is designed to expel a projectile by the action
of powder and which is readily capable of use as a weapon.
(b) No person shall discharge any firearm within the city limits, at or in the
direction of any person, building, structure or vehicle within the range of the
weapon without having legal authority for such discharge. No such
discharge may be made whether or not the firearm is loaded with blank or
live cartridges or projectiles of any kind, except as provided herein. This
subsection shall not apply to the discharge of firearms on any target trap or
skeet range, paint ball facility, or shooting area which has been approved by
the City or to the discharge of guns where necessary to protect life or
property or to kill any dangerous animal, or to the discharge of firearms by
any person in a private basement or cellar target range, or to any duly
authorized peace officer acting in the proper performance of the officer's
official duties, or to the discharge of blank cartridges in theatrical
performances or sporting events, or to the firing of salutes by honor guard
at military funerals or memorials.
(c) Unlawful discharge of a firearm under this section of the Springfield
Municipal Code is considered an A misdemeanor for sentencing purposes.
2. Discharge or Unlawful Use of a Dangerous Weapon.
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(a) As used in this section, the term dangerous weapon means any weapon,
device, instrument, material or substance which under the circumstances in
which it is used, attempted to be used or threatened to be used, is readily
capable of causing death or serious physical injury.
(b) No person shall discharge or use any dangerous weapon as described above
in Section 2(a) within the city at or in the direction of any person, building,
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structure or vehicle within the range of the dangerous weapon without
having legal authority for such discharge or use. This subsection shall not
apply to the discharge of dangerous weapons on any target trap or skeet
range, paint ball facility, archery range or shooting area which has been
approved by the City including officially conducted and sponsored activities
at public school facilities and Willamalane facilities. Furthermore, this
subsection shall not apply to the discharge or use of dangerous weapons:
where necessary to protect life or property or to kill any dangerous animal,
or to discharge by any person in a private basement or cellar target range,
or to any duly authorized peace officer acting in the proper performance of
the officer's official duties, or to the discharge of blank cartridges in
theatrical performances or sporting events, or to the firing of salutes by
honor guard at military funerals or memorials.
(c) Unlawful discharge or use of a weapon under this section of the Springfield
Municipal Code is considered a C misdemeanor for sentencing purposes."
Section 5. 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 May
2006 by a vote of 6 in favor 0 against.
Approved by the Mayor of the City of Springfield this 15th day of
2006.
ATTEST:
City ~r,~
REViEWED & APPROVED
AS TO FORM
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DATE: ~ ~/n6"
OFFICE OF tlTYATTORNEY
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