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HomeMy WebLinkAboutOrdinance 6167 05/15/2006 . . . 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. 2. 3. 4. NOW THEREFORE, based upon the foregoing findings, the City Council of the City of Springfield ordains as follows: , 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: ORDINANCE Page -1- . "(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 . (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. . (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, ORDINANCE Page -2- ORDINANCE NO. 6167 . . . 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 ~~~ DATE: ~ ~/n6" OFFICE OF tlTYATTORNEY N:\City\Muni Court\Criminal Charges\Ordinance - Harassment-Disorderly Conduct ord 3.doc ORDINANCE Page -3- ORDINANCE NO. 6167