HomeMy WebLinkAboutOrdinance 6402 06/03/2019 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. fiarn (GENERAL)
AN ORDINANCE AMENDING THE LIST OF "PROHIBITED ACTIVITIES" IN SECTION 5.700 OF
THE SPRINGFIELD MUNICIPAL CODE REGARDING ABATEMENT OF CHRONIC DISORDERLY
PROPERTY
WHEREAS, chronic disorderly activity of various kinds on and near affected residential property
adversely affects the health, safety, and welfare of citizens and diminishes the quality of life in
residential neighborhoods in the City where chronic disorderly activity occurs;
WHEREAS, chronic disorderly activity constitutes a public nuisance that should be subject to
abatement;
WHEREAS, the City has a substantial and compelling interest in protecting the health, safety, and
welfare of its citizens and the residential neighborhoods affected by chronic disorderly activity; and
WHEREAS, it is in the public interest to update the list of prohibited activities that can result in a
property being designated as chronic disorderly,
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. "Prohibited Activities"subsections (1) through (19) of Section 5.700"Definitions"
are hereby amended to read:
Prohibited Activities.
(1) Harassment as provided in ORS 166.065(1)(a).
(2) Intimidation as provided in ORS 166.155 to 166.165.
(3) Disorderly conduct as provided in ORS 166.025.
(4) Assault, strangulation, or menacing as provided in ORS 163.160, ORS 163.165,
ORS 163.175, ORS 163.185, ORS 163.187, or ORS 163.190.
(5) Sexual offenses as provided in ORS 163.355 through ORS 163.411, ORS
163.413, ORS 163.415, ORS 163.425, ORS 163.427, ORS 163.435, or ORS 163.445.
(6) Public or private indecency as provided in ORS 163.465 or ORS 163.467.
(7) Prostitution or related offenses as provided in ORS 167.007, ORS 167.008, ORS
167.012, or ORS 167.017.
(8) Alcoholic liquor violations as provided in ORS 471.105 to 471.482.
(9) Offensive littering as provided in ORS 164.805.
(10) Criminal trespass as provided in ORS 164.243, 164.245, 164.255, or 164.265.
(11) Theft as provided in ORS 164.015 to 164.140.
(12) Possession, manufacture, or delivery of a controlled substance or related
offenses as provided in ORS 475.752 to 475.980.
(13) Illegal gambling as provided in ORS 167.122 or ORS 167.127.
(14) Criminal mischief as provided in ORS 164.345 to 164.365.
(15) Property which, in addition to or in combination with the prescribed number and
duration of prohibited activities, upon request for execution of a search warrant, has been the
subject of a determination by a court that probable cause that possession, manufacture, or
delivery of a controlled substance or related offenses as defined in ORS 475.752 to 475.980
have occurred.
(16) Violations as provided in SMC section 5.404, Number of Dogs Permitted —
Residential Lots; section 5.418, Dogs and Other Animals At Large Prohibited; section 5.420,
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Barking Dogs/Continuous Annoyance; section 5.450, Dangerous Animals; section 5.456, Vicious
Dogs.
(17) Discharge of firearms as provided in SMC section 5.118.
(18) Frequenting a place where controlled substances are used as provided in ORS
167.222.
(19) Noise violations as provided in SMC section 5.220.
Section 2. Savings Clause. Except as specifically amended herein, Section 5.700 shall
continue in full force and effect.
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 Ird day of ,lima
2019, by a vote of_ 6 for and 0 against.
APPROVED by the Mayor of the City of Springfield this 3rd day of Junes= 2019.
Mayor
ATTEST:
REVIEWED&APPROVED
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OFFICE OF CIN ATTORNEY
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ORDINANCE NO.6402