HomeMy WebLinkAboutOrdinance 6396 02/04/2019 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 6396 (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 CIT' 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,
4758 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, 4758, 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."
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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 4th day of February, 2019,
by a vote of 6 for and 0 against.
APPROVED by the Mayor of the City of Springfield this at day of February, 2019.
Mayor
ATTEST:
REVIEWED APPROVED
n AS TQ F
DATE:
City Ke&rder OFFICE OF ciTY'AltoRNEY
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ORDINANCE NO.6396