HomeMy WebLinkAboutOrdinance 6170 05/15/2006
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ORDINANCE NO. 6170 (General)
AN ORDINANCE AMENDING SECTION 1.205 "GENERAL PENALTIES" OF CHAPTER 1 OF
THE SPRINGFIELD MUNICIPAL CODE TO ADOPT THE OREGON REVISED STATUTES
(ORS) IN REGARDS TO CRIMES AND PUNISHMENTS, SPECIFICALLY "JAIL TERMS FOR
MISDEMEANORS" AND ORS "FINES FOR MISDEMEANORS" AND REVISING THE FINE
FROM NOT EXCEEDING $500 TO NOT EXCEEDING $720 FOR NON-CRIMINAL OFFENSE
OR VIOLATION OF THE SPRINGFIELD MUNICIPAL CODE OR ANY OTHER cm
ORDINANCE.
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 standards in regards to jail terms for misdemeanors; and,
2. It is in the public interest for the City of Springfield to adopt the Oregon
Revised Statutes standards in regards to fines for misdemeanors.
3. It is in the public interest for the City of Springfield to revise the fine from not
exceeding $500 to not exceeding $720 for non-criminal offense violation of
the Springfield Municipal Code or any other City Ordinance.
NOW THEREFORE, based upon the foregoing findings, the City Council of the City of
Springfield ordains as follows:
Section 1. Section 1.205 "General Penalties" of the Springfield Municipal Code
Chapter 1 is hereby amended to read as follows:
"(1) The City of Springfield adopts and incorporates by reference herein the
Oregon Revised Statutes in regards to jail terms for misdemeanors.
Therefore, pursuant to the ORS, sentences for misdemeanors shall De for a
definite term. The court shall fix the term of imprisonment within the
following maximum limitations:
a. For a Class A Misdemeanor, one year;
b. Fpr a Class B Misdemeanor, six months;
c. For a Class C Misdemeanor, thirty days; and,
d. For Unclassified Criminal Misdemeanor Offenses as provided by the
following; if no specific statutory penalty in the ORS is provided for,
therefore the misdemeanor is unclassified pursuant to the ORS or
Springfield Municipal Code, 30 days.
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(2) Fines for Misdemeanors.
a. A sentence to pay a fine for a- misdemeanor shall be a sentence to pay an
amount fixed by the court, and not exceeding:
b. $6,250 for a Class A Misdemeanor;
c. $2,500 for a Class B Misdemeanor;
d. $1,250 for a ClassC Misdemeanor.
e. A sentence to pay a fine for an Unclassified Criminal Offense shall be a
sentence to pay an amount not exceeding $1,250.
(3) Non-criminal offenses or violations of the Springfield Municipal Code or
any other Ordinance of the City shall be punished by a fine not exceeding
$720. No jail sentence shall be awarded for convictions of a non-criminal
offense or violation.
(4) Every day a violation of this code or any other ordinance of the city
continues shall constitute a separate offense.
(5) In all cases involving a bail forfeiture or conviction of sections 5.404,
5.418, 5.420, 5.422, 5.428, 5.448, 5.450 or 5.456 of this code, the court may
additionally: .
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i. Order the animal be impounded and destroyed; and
ii. Order the owner of the animal to pay all fees and costs for impoundment,
daily care, medical care and destruction.
(6) In all cases involving a bail forfeiture or conviction of sections 5.406, '.
5.408, 5.410, 5.412, 5.414 or 5.416 of this code, the court may additionally:
i. Order the farm animal or livestock be impounded and either sold in a
manner acceptable to the court, or be destroyed; and
ii. Order the owner of the farm animal or livestock to pay all fees and costs
for impoundment, daily care, medical care, licenses, vaccinations and
either destruction or sale; and
iii. All proceeds of sale shall be applied first to the fees and costs identified in
subsection (6)(b) of this section, and then to any fines or other
assessments imposed pursuant to this section. The excess proceeds of
sale, if any, shall be refunded to the defendant.
(7) In all cases involving a bail forfeiture or conviction of section 5.476 of
this code, the court may additionally:
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i. Order the exotic animal or wildlife be impounded and either destroyed or
forfeited and delivered to the Oregon Department of Fish & Wildlife or any
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ORDINANCE NO. 6170
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zoo acceptable to the court if said zoo is willing to accept and keep the
exotic animal or wildlife without charge to the city; and
ii. Order the owner of the exotic animal or wildlife to pay all fees and costs
for impoundment, daily care, medical care, permits, licenses and
vaccinations prior to destruction or delivery to the Oregon Department of
Fish & Wildlife or to the zoo, and in the case of delivery to the Oregon
Department of Fish & Wildlife or a zoo, the court may also order the
defendant to pay the costs of transporting the wildlife or exotic animal to
the Oregon Department of Fish & Wildlife facility, or to the zoo."
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 th~ 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:
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City Recorder, my Sowa
REV!EWED & APPROVE!)
AS TO FORM
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DATE: $7,-" /06
OFFICE OF CITY ATTORNEY
N: City /MuniCourt/CriminaICharges/Ordinance.doc
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ORDINANCE NO. 6170