HomeMy WebLinkAboutItem 14 An Ordinance Amending the Springfield Municipal Code Regarding Criminal Misdemeanors and Violations AGENDA ITEM SUMMARY Meeting Date: 3/5/2018
Meeting Type: Regular Meeting
Staff Contact/Dept.: Mary Bridget Smith/CAO
Staff Phone No: 541.726.9621
Estimated Time: 05 Minutes S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Mandate
ITEM TITLE:
AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE REGARDING CRIMINAL MISDEMEANORS AND VIOLATIONS
ACTION REQUESTED:
Conduct a first reading of the following ordinance: AN ORDINANCE AMENDING
THE SPRINGFIELD MUNICIPAL CODE SECTIONS 5.100 AND 5.104 ADOPTING BY REFERENCE THE OREGON REVISED STATUTES FOR CRIMINAL
MISDEMEANORS AND VIOLATIONS, AND CONTAINING A SEVERABILITY CLAUSE
ISSUE
STATEMENT:
The purpose of this amended Ordinance is to include any changes in the state statutes listed in SMC Sections 5.100 and 5.104 that occurred in the last
legislative session.
ATTACHMENTS: Attachment 1: Ordinance
DISCUSSION/ FINANCIAL IMPACT:
Springfield Municipal Code Sections 5.100 through 5.104 adopt by
reference and make state misdemeanor and violation crimes an offense
against the City of Springfield so they may be prosecuted in Springfield
Municipal Court. This Section is updated on an annual basis to capture any changes that have occurred in the incorporated statutes during the most
recent legislative session.
There is no financial impact with this ordinance.
Attachment 1, Page 1 of 2
ORDINANCE NO. _____ (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 VIOLATIONS,
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.
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, 475B, and 480.110 to 480.160, as currently in effect,
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
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
Attachment 1, Page 2 of 2
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. 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 ____ day of ______________,
2018 by a vote of _____ in favor _____ against.
Approved by the Mayor of the City of Springfield this ____ day of _________________,
2018.
______________________________
Christine Lundberg, Mayor
ATTEST:
_______________________________
Amy Sowa, City Recorder