HomeMy WebLinkAboutOrdinance 6398 04/15/2019 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 6398 (General)
AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTIONS 5.100 AND 5.104
AND ADOPTING A SEVERABILITY CLAUSE
WHEREAS, the Springfield Municipal Court has jurisdiction to prosecute criminal 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, it is a requirement of Oregon School Law that children between the ages of 6-18 regularly
attend school;
WHEREAS, research shows that excessive absences have a negative effect on grades and learning,
and students who are frequently absent are in jeopardy of falling behind in the completion of course
work;
WHEREAS, the City of Springfield has an interest in protecting the health, safety, and welfare of
Springfield children 6 to 18 years of age by compelling the regular attendance of said children at a
public full-time school, except when the child is being taught by a parent, legal guardian, or private
teacher in compliance with state law; and
WHEREAS, it is in the public interest for the City of Springfield to include the penalties and statutory
language for compulsory school attendance 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" 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, 339, 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, 339.990, 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."
Page 1 of 2
Section 3. 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 15th day of April, 2019, by a
vote of 6 for and 0 against.
APPROVED by the Mayor of the City of Springfield this 15th day of April, 2019.
Mayor
AIIEST:
• REVIEWED &AP•ROVED
City Rec rder AS TO F RA4
DATE:
OFFICE OF ITY .TTORNEY
Page 2 of 2
ORDINANCE NO. 6398