HomeMy WebLinkAboutOrdinance 6397 02/04/2019 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. F¢g7 (General)
AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTION 1.205, ADDING A
NEW SECTION 1.205(4), RENUMBERING SECTIONS 1.205(4), (5), (6) AND (7), 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, it is in the public interest for the City of Springfield to include the penalties and statutory
language for the penalties and fines for misdemeanors and violations that are in violation of Springfield
Municipal Code and Oregon Revised Statutes;
WHEREAS, the presumptive fine of a violation is the amount of funds a defendant can pay to resolve
a violation offense without any further action unless the law or the court requires the defendant to
appear;
WHEREAS, some presumptive fine amounts for specific violations are expressly set out in the
applicable statute or municipal code section, otherwise they are deemed to be unclassified violations;
and
WHEREAS, it is in the public interest for the City of Springfield to include the penalties and statutory
language for presumptive fine amounts for unclassified violations to make the community aware of the
amount that can be paid to resolve a violation.
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. Section 1.205"Penalties,"Subsection (1)(a) of the Springfield Municipal Code is
hereby amended to read as follows:
"(a) For a Class A misdemeanor, three hundred and sixty four days;"
Section 2. Section 1.205"Penalties,"Subsection (4) is added to read as follows:
"An offense described in the Springfield Municipal Code that is designated as a violation but
does not specify the classification of the violation is an unclassified violation. The presumptive
fine for an unclassified violation is the same amount as the presumptive fine for a Class B
violation under the Oregon Revised Statutes."
Section 3. Sections 1.205 (4), (5), (6) and (7) are renumbered to sections 1.205 (5), (6),
(7) and (8) respectively as follows:
"(5) Every day a violation of this code or any other ordinance of the city continues shall
constitute a separate offense.
(6) 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 may additionally:
(i) Order the animal be impounded and destroyed; and
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(ii) Order the owner of the animal to pay all fees and costs for impoundment, daily
care, medical care and destruction.
(7) 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.
(8) In all cases involving a bail forfeiture or conviction of section 5.476 of this code, the
court may additionally:
(i) Order the exotic animal or wildlife be impounded and either destroyed or
forfeited and delivered to the Oregon Department of Fish and Wildlife or any 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 and Wildlife or to the
zoo, and in the case of delivery to the Oregon Department of Fish and 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 and Wildlife
facility, or to the zoo."
Section 4. 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 4th day of February, 2019,
by a vote of 6 for and 6 against.
APPROVED by the Mayor of the City of Springfield this 4th day of February, 2019.
Mayor
ATTEST:
REVIEWED&APPRQVED
AS TO F R 6/
DATE:
City IYedorder OFFICE O CITY ATTORNEY
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ORDINANCE NO.6397