HomeMy WebLinkAboutItem 04 Criminal Code Update to SMC
AGENDA ITEM SUMMARY Meeting Date: 2/4/2019
Meeting Type: Regular Meeting
Staff Contact/Dept.: Mary Bridget Smith/
CAO
Staff Phone No: 541-744-4061
Estimated Time: Consent Calendar
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 second reading and adopt/not adopt the following ordinance: AN
ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTIONS 5.100,
5.104 AND 5.128, REPEALING SECTIONS 5.058, 5.059, 5.117, 5.140 THROUGH 5.158,
5.250 AND 5.260, AND ADOPTING A SEVERABILITY CLAUSE
ISSUE
STATEMENT:
This Ordinance is intended to include any changes in the state criminal
statutes listed in SMC Sections 5.100 and 5.104 that occurred in the last
legislative session and to repeal outdated or expired code sections.
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.
In addition, the code sections to be repealed are outdated, expired or similar
to code provisions in other jurisdictions that have been found to be
unconstitutional. For example, SMC 5.117, Unlawful Possession of
Marijuana, Less than One Once, no longer applies due to state legalization.
SMC 5.058 and 5.059, Disorderly Conduct and Harassment, respectively are
duplicates of state statutes that are incorporated elsewhere in the Municipal
Code. Section 5.128, Slugging and Stabbing Weapons, is amended to retain
the violation of unlawful possession of slugging or stabbing weapons, but
removes the violation for their manufacture. Sections 5.140 through 5.158
apply to the expired downtown civil exclusion zones. Section 5.250,
Innkeepers-Registers, is similar to an ordinance that was found
unconstitutional by the Ninth Circuit Court of Appeals. Finally, section
5.260, Begging, is not utilized by the Police Department and most likely
inconsistent with recent court rulings as it relates to panhandling and free
speech.
Attachment 1, Page 1 of 2
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. ___________ (General)
AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTIONS 5.100, 5.104
AND 5.128, REPEALING SECTIONS 5.058, 5.059, 5.117, 5.140 THROUGH 5.158,
5.250 AND 5.260, AND ADOPTING A SEVERABILITY CLAUSE
WHEREAS, the Springfield Municipal Court has jurisdiction to prosecute criminal misdemeanors and
violations that occur within the Springfield city limits;
WHEREAS, the City of Springfield has an interest in ensuring the public safety by preventing the
commission of criminal offenses;
WHEREAS, the City of Springfield has an interest in preventing conduct that unjustifiably and
inexcusably inflects or threatens substantial harm to the individual or public interest;
WHEREAS, it is in the public interest for the City of Springfield to include the penalties and statutory
language for criminal misdemeanors as currently described in the Oregon Revised Statutes; and
WHEREAS, it is in the public interest for the City of Springfield to repeal municipal code sections that
are repeated in other areas of the code, expired, or similar to code provisions in other jurisdictions
have been found to be unconstitutional.
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. Section 5.100 “Definitions” of the Springfield Municipal Code is hereby amended
to read as follows:
“The definitions contained in ORS Chapters 161, 162, 163, 164, 165, 166, 167, 471, 472, 475,
475B and 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 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, current 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 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.”
Attachment 1, Page 2 of 2
Section 3. Section 5.128 “Slugging and Stabbing Weapons” of the Springfield Municipal
Code is amended to read as follows:
“(1) As used in this section, the terms “slugging and stabbing weapons” include metal
knuckles, or an instrument or weapon having a blade which projects or swings into position by
force of a spring, gravity, or other device, and commonly known as a switchblade knife, or any
instrument or weapon commonly known as a nanchuka, shuriken, blackjack, sap or sap glove.
(2) No person shall sell, give, loan, carry or possess a slugging or stabbing weapon.
The foregoing shall not apply to any sworn police officer.
(3) When it appears to the court that subsection (2) of this section has been
violated, in addition to other penalties and remedies, the court shall, upon motion by the city
attorney, cause the slugging or stabling weapon to be destroyed.
(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 4. Sections 5.058, 5.059, 5.117, 5.140 through 5.158, 5.250, and 5.260 of the
Springfield Municipal Code are repealed.
Section 5. Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereof.
ADOPTED by the Common Council of the City of Springfield this ______ day of January, 2019,
by a vote of _____ for and ____ against.
APPROVED by the Mayor of the City of Springfield this ______ day of January, 2019.
_______________________
Mayor
ATTEST:
__________________________
City Recorder