HomeMy WebLinkAboutOrdinance 6363 03/06/2017 ORDINANCE NO. 6363 _(General)
AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE SECTIONS 5.100
AND 5.104 ADOPTING BY REFERENCE THE OREGON REVISED STATUTES
FOR CRIMINAL MISDEMEANORS AND VI0LATIONS,
AND CONTAINING A SEVERABILITY CLAUSE
WHEREAS, the City of Springfield has an interest in ensuring the public safety by
preventing the commission of criminal offenses; and
WHEREAS, the City of Springfield has an interest in preventing conduct that
unjustifiably and inexcusably inflicts or threatens substantial harm to the individual or
public interest; and
WHEREAS, the Springfield Municipal Court has jurisdiction to prosecute criminal
misdemeanors and violations that occur within the Springfield city limits; and
WHEREAS, it is in the public interest for the City of Springfield to adopt language in the
Springfield Municipal Code that includes the penalties and statutory language for
criminal misdemeanors and violations as currently described in the Oregon Revised
Statutes; and
WHEREAS, reference to ORS 475B has been added to include the criminal misdemeanor
and violations concerning recreational marijuana.
NOW THEREFORE, the Common Council of the City of Springfield ordains as follows:
Section 1. Section 5.100 "Definitions" is added to the Springfield Municipal Code
Chapter 5 to read as follows:
"The definitions contained in ORS chapters 161, 162, 163, 164, 165, 166,
167, 471, 472, 475, 4758, and 480.110 to 480.160, as constituted when
this code is adopted, are adopted by reference and made a part of this
chapter."
Section 2. 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, 475B, and 480.110 to 480.160, currently in effect and constituted, are
adopted by reference and made a part of this Chapter and designated an offense
against the City. A person who violates any one of the provisions within the
jurisdiction of the City is in violation of this chapter and shall be charged with the
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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 3. Severabili . 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_fi— day of MARCH ,
2017 by a vote of . in favor 0 against.
Approved by the Mayor of the City of Springfield this 6 day of MARCH ,
2017.
Christine Lundberg, Mayo
ATTEST:
r/L--
Amy Sowa, dity Recorder
REVIEINE APPROVED
AS T
DATE:
OFFICE OF G TY A�
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ORDINANCE NO. 6363