HomeMy WebLinkAboutOrdinance 6169 05/15/2006
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ORDINANCE NO. 6169 (General)
AN ORDINANCE AMENDING CHAPTER 5, PUBLIC PROTECTION, OF THE
SPRINGFIELD MUNICIPAL CODE TO CLEARLY DESIGNATE ALL
NONCRIMINAL OFFENSES AS EITHER VIOLATIONS OR CIVIL INFRACTIONS.
The City Council of the City of Springfield finds as follows:
1. It is in the public interest for the City of Springfield to clearly designate all
noncriminal offenses in the Springfield Municipal Code Chapter 5, Public
Protection, as either violations or civil infractions.
2. It is in the public interest for the City of Springfield to clearly designate these
offenses as violations or civil infractions so as to lessen confusion in charging and
sentencing in regards to the Public Protection Section of the Springfield Municipal
Code.
NOW THEREFORE, based upon the foregoing findings, the City Council of the City of
Springfield ordains as follows:
Section 1. Section 5.050 "Dangerous Trees" (3) is hereby amended to read as follows:
"(3) Failure of the property owner to remove or trim the tree after 30 days'
notice by the city manager shall be deemed a violation of this code. The
manager may then remove or trim the tree and assess the cost of doing so
against the property. The above offense is also punishable as a Violation and
may include a fine not exceeding $720.00 pursuant to SMC Section 1.205."
Section 2. Section 5.052 "Obstructions in the Public Right-of-Way (1) is hereby
amended to read as follows:
"(1) Except as provided in subsection (2) of this section, it shall be unlawful for
any person to obstruct any highway, street, alley, sidewalk, gutter or drainage
way or any other public way in the city by leaving any article, hereby defined as
merchandise, boxes, construction materials, household goods, or any other thing
which may prevent free passage over any public right-of-way. The above
offense is punishable as a Violation and may include a fine not exceeding
$720.00 pursuant to SMC Section 1.205."
Section 3. Section 5.062 "Prohibition of Disturbance and Unreasonable Noise" (2) is
hereby amended to add a new subsection (2)( c) to read as follows:
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"(c) The above offense is punishable as a Violation and may include a fine not
exceeding $720.00 pursuant to SMC Section 1.205."
Section 4. Section 5.106 "Soliciting or Confederating to Violate Ordinances" is hereby
amended to read as follows:
"5.106 Soliciting or Confederating to Violate Ordinances. No person shall solicit,
aid, abet, employ or engage another, or confederate with another, to violate a
provision of this chapter or any other ordinance of the city. The above offense is
punishable as a Violation and may include a fine not exceeding $720.00 pursuant
to SMC Section 1.205."
Section 5. Section 5.110 "Purchases" is hereby amended to read as follows:
"5.110 Purchases. No person shall purchase or receive consignment of any
property or article of value from any juvenile (person under 18 years of age) or
unemancipated juvenile, or have any dealings respecting the title of any property
in the possession of any juvenile without the written consent of the parent or
guardian of the juvenile, unless the juvenile has obtained the age of majority by
marriage according to law. The above offense is punishable as a Violation and
may include a fine not exceeding $720.00 pursuant to SMC Section 1.205."
. Section 6. Section 5.112 "Medicine and Drug Samples" is hereby amended to read as
follows:
"5.112 Medicine and Drug Samples. No person shall distribute or give away
samples of any medicine or drug unless it is manually delivered to an adult
person or mailed to an adult person through the United States Mail. The above
offense is punishable as a Violation and may include a fine not exceeding
$720.00 pursuant to SMC Section 1.205."
Section 7. Section 5.116 "Curfew" is hereby amended by the addition of a new
subsection (4) to read as follows:
"(4) The offense specified in subsections (1), (2) and (3) above is punishable as
a Violation and may include a fine not exceeding $720.00 pursuant to SMC
Section 1.205."
Section 8. Section 5.120 "Openings in Sidewalks" is hereby amended to read as
follows:
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"5.120 Openings in Sidewalks. No person shall keep or leave open any cellar
door or grating of any kind in or upon the sidewalk, except when the same is
necessarily open during the immediate use thereof. During such time, the
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opening shall be properly guarded and protected. The above offense is
punishable as a Violation and may include a fine not exceeding $720.00 pursuant
to SMC Section 1.205."
Section 9. Section 5.122 "Water on Public Thoroughfares" is hereby amended to read
as follows:
"5.122 Water on Public Thoroughfares. No owner, lessee, or occupant of any
building or structure shall permit rainwater, ice, or snow to fall from the building
or structure upon any street or alley or sidewalk or to flow across any such
sidewalk, the owner, lessee, or occupant shall at all times maintain, in a proper
state of repair, adequate drainpipes or a drainage system sufficient to carry to
the street gutter or to a storm sewer any overflow water accumulating on the
roof or about the building. The above offense is punishable as a Violation and
may include a fine not exceeding $720.00 pursuantto SMC Section 1.205."
Section 10. Section 5.126 "Vehicles and Horses in Public Parks" is hereby amended to
read as follows:
"5.126 Vehicles and Horses in Public Parks. No person shall ride a horse,
motorcycle, or any other vehicle in a public park, including roads and parking
lots, or upon public school property except upon trails, roadways or places
specifically marked and designated for such use. Horses, motorcycles or motor
vehicles shall not be left or parked in a public park or upon public school property
except upon a roadway, parking area or lot or place designed by signs provided
thereof. The above offense is punishable as a Violation and may include a fine
not exceeding $720.00 pursuant to SMC Section 1.205."
Section 11. Section 5.128 "Slugging and Stabbing Weapons" is hereby amended by the
addition of a new subsection (4) which states as follows:
"(4) The offenses specified in subsections (1), (2) and (3) are punishable as
Violations and may include a fine not exceeding $720.00 pursuant to SMC
Section 1.205."
Section 12. Section 5.130 "Prohibited Camping" is hereby amended by the addition of a
new subsection (4) which states as follows:
"( 4) The offenses specified in subsections (1), (2) and (3) are punishable as
Violations and may include a fine not exceeding $720.00 pursuant to SMC
Section 1.205."
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Section 13. Section 5.220 "Noise" (2) is hereby amended as follows:
"(2) The foregoing acts are declared nuisances and any person violating any of
the provisions in this section shall be deemed guilty of an offense. The above
offense is punishable as a Violation and may include a fine not exceeding
$720.00 pursuant to SMC Section 1.205."
Section 14. Section 5.252 Innkeeper-Registers-Falsification" is hereby amended to read
as follows:
"5.252 Innkeeper-Registers-Falsification. No person shall write or cause to be
written in any hotel or motel register any other or different name than the true
name of the person or the name by which the person is generally known. The
above offense is punishable as a violation. Upon conviction in the municipal
court of the city for violation of this section, such person so convicted shall be
fined not less than $50.00 nor more than $720.00 for each violation."
Section 15. Section 5.254 "Social Games" is hereby amended by the addition of a
subsection (5) to read as follows:
"(5) The offenses specified in subsections (1), (2), (3) and (4) are punishable as
Violations and may include a fine not exceeding $720.00 pursuant to SMC
Section 1.205."
Section 16. Section 5.256 "Drinking in Public Places" is hereby amended to read as
follows:
"5.256 Drinking in Public Places. It shall be unlawful for any person to drink any
intoxicating liquor upon any street or in any public place or building or in any
private place, business, or building open to and frequented by the public except
establishments wherein the same may be sold for premises consumption under
the laws of the state. [Section 5.256 added by Ordinance No. 5872, enacted
January 20, 1998.] The above offense is also punishable as a Violation and may
include a fine not exceeding $720.00 pursuant to SMC Section 1.205."
Section 17. Section 5.260 "Begging" is hereby amended to read as follows:
"5.260 Begging. No person shall physically accost another person for the
purpose of begging or soliciting alms upon the streets or in any publiC place.
The above offense is also punishable as a Violation and may include a fine not
exceeding $720.00 pursuant to SMC Section 1.205."
Section 18. Section 5.262 "Damage to Shrubs and Trees" (3) is hereby repealed.
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Section 19. Section 5.262 "Damage to Shrubs and Trees" is hereby amended by the
addition of a new subsection (3) to read as follows:
"(3) The offenses specified in subsections (1) and (2) are punishable as
Violations and may include a fine not exceeding $720.00 pursuant to SMC
Section 1.205."
Section 20. Section 5.264 "Damage to New Concrete" is hereby amended by the
addition of subsection (3) to read as follows:
"(3) The offenses specified in subsections (1) and (2) are punishable as
Violations and may include a fine not exceeding $720.00 pursuant to SMC
Section 1.205."
Section 21. Section 5.266 "Posted Notices-Defacement" is hereby amended to read as
follows:
"5.266 Posted Notices-Defacement. No person shall willfully deface or tear down
any official notice or bulletin posted in conformity with law. The above offense is
also punishable as a Violation and may include a fine not exceeding $720.00
pursuant to SMC Section 1.205."
Section 22. Section 5.268 "Posted Notices-Unauthorized Posting" is hereby amended
to read as follows:
"5.268 Posted Notices~Unauthorized Posting. No person shall affix a placard, bill,
or poster upon any personal or real property, private or p'ublic, without first
obtaining permission of the owner or proper public authority to do so. The
above offense is also punishable as a Violation and may include a fine not
exceeding $720.00 pursuant to SMC Section 1.205."
Section 23. Section 5.270 "Obstruction of Building Entrances" is hereby amended to
read as follows:
"5.270 Obstruction of Building Entrances. No person shall obstruct any entrance
to any building or any stairway, or hall leading to any building. The above
offense is also punishable as a Violation and may include a fine not exceeding
$720.00 pursuant to SMC Section 1.205."
Section 24. Section 5.278 "Bicycle Identification Number, Destruction/Modification" is
hereby amended by the addition of a new subsection (3) to read as follows:
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"(3) The offenses specified in subsection~ (1) and (2) are punishable as
Violations and may include a fine not exceeding $720.00 pursuant to SMC
Section 1.205."
Section 25. Section 5.279 "Urinating or Defecating" is hereby amended to read as
follows:
"5.279 Urinating or Defecating. No person shall urinate or defecate in public
view, or in a public place, except in a lavatory. [Section 5.279 added by
Ordinance No. 5904, enacted December 7, 1998.] The above offense is also
punishable as a Violation and may include a fine not exceeding $720.00 pursuant
to SMC Section 1.205."
Section 26. Section 5.280 "Alcoholic Beverages Prohibited" is hereby amended to read
as follows:
"5.280 Alcoholic Beverages Prohibited. Except for OLCC or park and recreation
district approved events, no person shall possess or consume any intoxicating
liquor upon any public park and recreation district facilities open to or frequented
by the public, including, but not limited to: public parks, roads, buildings and
parking lots. The above offense is also punishable as a Violation and may
include a fine not exceeding $720.00 pursuant to SMC Section 1.205."
Section 27. Section 5.284 "Sound Amplification Devices Prohibited" is hereby amended
to read as follows: .
"5.284 Unreasonable Use of Sound Amplification Devices Prohibited. The
unreasonable operation or use of any device designed for sound production,
amplification, or reproduction, including, but not limited to, any radio, musical
instrument, phonograph, television set, tape recorder, loud-speaker, compact
disc player, or other similar device is prohibited in or upon any public park and
recreation district facilities open to or frequented by the public, including, but not
limited to, parks, roads, buildings and parking lots. Pursuant to this section,
unreasonable sound amplification occurs when a person operates, or permits the
operation of, any sound amplification system as described above which is plainly
audible outside of a 50-foot radius. This prohibition shall not apply to activities
sponsored or authorized by a park district. The above offense is also punishable
as a Violation and may include a fine not exceeding $720.00 pursuant to SMC
Section 1.205."
Section 28. Section 5.286 "Possession of Firearms Prohibited" amended by the addition
of the following sentence to the end of the text:
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"The above offense is punishable asa Violation and may include a fine not
exceeding $720.00 pursuant to SMC Section 1.205."
Section 29. Section 5.288 "Possession of Fireworks Prohibited" is hereby amended to
read as follows:
"5.288 Possession of Fireworks Prohibited. No person shall possess or ignite
fireworks, as defined in ORS 480.110, as amended, in public park and recreation
district facilities open to or frequented by the public, including, but not limited to,
parks, roads, buildings and parking lots. This prohibition shall not apply to
activities sponsored or authorized by a park district. The above offense is also
punishable as a Violation and may include a fine not exceeding $720.00 pursuant
to SMC Section 1.205."
Section 30. Section 5.290 "Hunting Prohibited" is hereby amended to read as follows:
"5.290 Hunting Prohibited. No person shall hunt, trap, molest, injure or capture
any wild bird or animal in public park and recreation district facilities open to or
frequented by the public, including, but not limited to, parks, roads, buildings
and parking lots. This prohibition shall not apply to activities sponsored or
authorized by a park district. The above offense is also punishable as a Violation
and may include a fine not exceeding $720.00 pursuant to SMC Section 1.205."
Section 31. Section 5.292 "Open Fires Prohibited" is hereby amended to read as
follows:
"5.292 Open Fires Prohibited. No person shall ignite or maintain open fires in
public park and recreation district facilities open to or frequented by the public,
including, but not limited to, parks, roads and parking lots, except in designated
pits or fireplaces. The above offense is also punishable as a Violation and may
include a fine not exceeding $720.00 pursuant to SMC Section 1.205."
Section 32. Section 5.404 "Number of Dogs Permitted-Residential Lots" is hereby
amended to read as follows:
"5.404 Number of Dogs Permitted-Residential Lots. A maximum number of three
adult dogs and their offspring of any number up to the age of four months may
be kept per residential lot. No more than one female dog may be used for
breeding purposes at anyone time. The above offense is also punishable as a
Violation and may include a fine not exceeding $720.00 pursuant to SMC Section
1.205."
Section 33. Section 5.406 "Lot Size and Numbers of Farm Animals Permitted, General"
is hereby amended by the addition of subsection (4) to read as follows:
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"(4) The offenses specified in (1), (2) and (3) are also punishable as a Violation
and may include a fine not exceeding $720.00 pursuant to SMC Section 1.205."
Section 34. Section 5.408 "Fowl and Poultry" is hereby amended by the addition of a
new subsection (4) to read as follows:
"(4) The offenses specified in (1), (2) and (3) are also punishable as a Violation
and may include a fine not exceeding $720.00 pursuant to SMC Section 1.205."
Section 35. Section 5.410 "Rabbits" is hereby amended by the addition of a new
subsection (3) to read as follows:
"(3) The offenses specified in (1) and (2) are also punishable as a Violation and
may include a fine not exceeding $720.00 pursuant to SMC Section 1.205."
Section 36. Section 5.412 "Bees" is hereby amended to read as follows:
"5.412 Bees. The keeping of bees shall be limited to the following:
# of Hives
1
2 or more
Minimum Lot Size
10,000 square feet
+2,500 square feet/each hive
The above offense is also punishable as a Violation and may include a fine not
exceeding $720.00 pursuant to SMC Section 1.205."
Section 37. Section 5.414 "Horses, Cows, Llamas, Sheep, Goats, Miniature Horses, and
Pygmy Goats" is hereby amended by the addition of subsection (5) to read as follows:
"(5) The offenses specified in (1), (2), (3) and (4) above are punishable as a
Violation and may include a fine not exceeding $720.00 pursuant to SMC Section
1.205."
Section 38. Section 5.416 "Pigs" is hereby amended to read as follows:
"5.416 Pigs. No pigs shall be permitted inside the city limits. The above offense
is also punishable as a Violation and may include a fine not exceeding $720.00
pursuant to SMC Section 1.205."
Section 39. Section 5.418 "General Regulations, Dogs and Other Animals at Large
Prohibited" is hereby amended by the addition of a new subsection (3) to read as
follows:
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"(3) The offenses specified in (1) and (2) above are punishable as a violation and
may include a fine not exceeding $720.00 pursuant to SMC Section 1.205."
Section 40. Section 5.420 "Barking Dogs Prohibited" is hereby amended to read as
follows:
"5.420 Barking Dogs Prohibited. No person shall keep a barking dog as defined
in Section 5.402. The above offense is also punishable as a Violation and may
include a fine not exceeding $720.00 pursuant to SMC Section 1.205."
Section 41. Section 5.422 "Dog and Horse Waste Matter is hereby amended by the
addition of a new subsection (3) to read as follows:
"(3) The offenses specified in (1) and (2) above are punishable as a violation and
may include a fine not exceeding $720.00 pursuant to SMC Section 1.205."
Section 42. Section 5.424 "Sanitation" is hereby amended by the addition of a new
subsection (4) to read as follows:
"(4) The offenses specified in (1), (2) and (3) above are punishable as a violation
and may include a fine not exceeding $720.00 pursuant to SMC Section 1.205."
Section 43. Section 5.426 "Licenses, Fees and Exceptions" is hereby amended by the
addition of a new subsection (5) to read as follows:
"(5) The offenses specified in (1), (2), (3) and (4) above are punishable as a
violation and may include a fine. not exceeding $720.00 pursuant to SMC S~ction
1.205."
Section 44. Section 5.428 "Uses of Watchdogs" is hereby amended to read as follows:
"5.428 Uses of Watchdogs. Any business'using a watchdog must conspicuously
post the premises to warn the public of the watchdog. The dog must not be
allowed access to the public on the property during business hours. If the dog is
used outside of a building, the property must be fenced in a way to prohibit the
dog access to any public right-of-way. Failure to comply with this section is also
punishable as a Violation and may include a fine not exceeding $720.00 pursuant
to SMC Section 1.205."
Section 45. Section 5.430 "Abandoned Dogs and Other Animals" is hereby amended by
the addition of a new subsection (4) to read as follows:
"(4) The offenses specified in (1), (2) and (3) above are punishable as a violation
and may include a fine not exceeding $720.00 pursuant to SMC Section 1.205."
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Section 46. Section 5.458 "Dead Dogs and Other Animals-Removal of Carcasses" is
hereby amended to read as follows:
"5.458 Dead Dogs and Other Animals-Removal of Carcasses. No person shall
knowingly permit a dog or other animal carcass owned by him or her to remain
on public property, or to be exposed on private property, for more than 24
hours. The above offense is also punishable as a Violation and may include a
fine not exceeding $720.00 pursuant to SMC Section 1.205."
Section 47. Section 5.466 "Regulating the Sale of Certain Fowl, Poultry and Farm
Animals" is hereby amended by the addition of a new subsection (4) to read as follows:
"(4) The offenses specified in (1), (2) and (3) above are punishable as a violation
and may include a fine not exceeding $720.00 pursuant to SMC Section 1.205."
Section 48. Section 5.470 "Failure to Surrender Dog" is hereby amended to read as
follows:
"5.470 Failure to Surrender Dog. Any person who fails to surrender a dog to a
person identifiable as an animal control officer or a peace officer upon demand,
so the dog can be impounded as provided for in Sections 5.442 and 5.448 is in
violation of this code. The above offense is also punishable as a Violation and
may include a fine not exceeding $720.00 pursuant to SMC Section 1.205."
Section 49. Section 5.476 "Wildlife and Exotic Animals" is hereby amended by the
addition of subsection (5) to read as follows:
"(5) The offenses specified in (1), (2), (3) and (4) above are punishable as a
violation and may include a fine not exceeding $720.00 pursuant to SMC Section
1.205."
Section 50. Section 5.502 "Prohibited Action" is hereby amended to read as follows:
"5.502 Prohibited Action. No person shall keep or permit the storage of a
discarded vehicle upon private property within the city for more than seven days
unless the vehicle is completely enclosed within a building or unless it is in
connection with a lawfully conducted business dealing in junked vehicles. The
above offense is also punishable as a Violation and may include a fine not
exceeding $720.00 pursuant to SMC Section 1.205."
Section 51. Section 5.134 "Prohibition of Bicycle Operation or Storage Within City Hall"
is hereby amended by the addition of subsection (3) to read as follows:
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"(3) "The above offense is a civil infraction pursuant to the Springfield Municipal
Code and punishable pursuant to SMC 5.600 to 5.626."
Section 52. 5.200 "Swimming Pools-Shallow Bodies of Water-Enclosures" is hereby
amended by the addition of subsection (6) to read as follows:
"(6) "The above offense is a civil infraction pursuant to the Springfield Municipal
Code and punishable pursuant to SMC 5.600 to 5.626."
Section 53. 5.202 "Swimming Pools-Building Permits" is hereby amended to read as
follows:
"5.202 Swimming Pools-Building Permits. No in-ground swimming pool shall be
constructed without a building permit No building permit shall be issued until the
plans filed with the building inspector's office show full compliance with Sections
5.200 to 5.205. No swimming pool shall be used until a final inspection is made
by the building inspector after construction is completed in accordance herewith.
Failure to comply with this section is a civil infraction pursuant to the Springfield
Municipal Code and punishable pursuant to SMC 5.600 to 5.626."
Section 54. 5.204 "Decorative Pools" is hereby amended by the addition of subsection
(3) to read as follows: '
"(3) "Failure to comply with this section is a civil infraction pursuant to the
Springfield Municipal Code and punishable pursuant to SMC 5.600 to 5.626."
Section 55. 5.272 "Injurious, Unsightly Substances on Streets, Alleys, Sidewalks, Bike
Paths, Parking Lots and Other Public Ways" is hereby amended to read as follows:
"5.272 Injurious, Unsightly Substances on Streets, Alleys, Sidewalks, Bike Paths,
Parking Lots and Other Public Ways. Except as provided in sections 3.200 to
3.310, no person shall place or deposit upon any street, alley, sidewalk, bike
path, parking lot or any other public way, any substance tending to mar the
appearance, or to detract from the cleanliness or safety of the street, alley,
sidewalk, bike path, parking lot or other public way. Failure to comply with this
section is a civil infraction pursuant to the Springfield Municipal Code and
punishable pursuant to SMC 5.600 to 5.626."
Section 56. 5.274 "Ditches" is hereby amended to read as follows:
"5.274 Ditches. The street department of the city shall be in charge of drainage
ditches, and no person shall change or obstruct the flow of water in a ditch,
except under the supervision and direction of the street department. Failure to
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comply with this section is a civil infraction pursuant to the Springfield Municipal
Code and punishable pursuant to SMC 5.600 to 5.626."
Section 57. 5.276 "Removal of Street Lights" is hereby amended to read as follows:
"5.276 Removal of Street Lights. The street rights-of-way in the city are now
and have been used by individuals, firms, utilities, and corporations through and
with the concurrence of the city for the construction and erection and
maintenance of street lighting poles and lights, and no person shall remove from
the street rights-of-way of the city any street light installed by any person or
otherwise, without first obtaining the consent for the removal from the council.
Failure to comply with this section is a civil infraction pursuant to the Springfield
Municipal Code and punishable pursuant to SMC 5.600 to 5.626."
Section 58. 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 lSthdayof May
2006 by a vote of 6 in favor 0 against.
Approved by the Mayor of the City of Springfield this lSth day o~
2006.
ATTEST:
AmyS~:
REVIEWED it APPROVE[)
AS TO FORM
/'Y' <;"L...
DATE: S-//I' /06
OFFICE OF CITY ATTORNEY
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