HomeMy WebLinkAboutItem 06 Amending SMC for Criminal Misdemeanors & ViolationsAGENDA ITEM SUMMARY
Meeting Date: 5/2/2022
Meeting Type: Regular Meeting
Staff Contact/Dept.: Mary Bridget Smith/CAO
Staff Phone No: 541-744-4061
Estimated Time: Consent Calendar
SPRINGFIELD Council Goals: Mandate
CITY COUNCIL
ITEM TITLE: AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE
REGARDING CRIMINAL MISDEMEANORS AND VIOLATIONS, AND STATE
TRAFFIC OFFENSES
ACTION Conduct a second reading on the following ordinance: AN ORDINANCE
REQUESTED: AMENDING SPRINGFIELD MUNICIPAL CODE SECTIONS 5.100 AND 5.104,
ADDING SECTIONS 6.000 AND 6.002, AND ADOPTING A SEVERABILITY
CLAUSE
ISSUE This Ordinance is intended to include any changes in the state criminal statutes listed
STATEMENT: in SMC Sections 5.100 and 5.104 that occurred in recent legislative sessions and add
specific reference to state traffic misdemeanors and violations in new SMC sections
6.000 and 6.002 to expressly provide that state traffic offenses are also an offense
against the Citv.
ATTACHMENTS: 1: Ordinance
DISCUSSION/ A public hearing and first reading of the proposed Ordinance was held on April 18,
FINANCIAL 2022.
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 a periodic basis to capture any changes that have occurred in the
incorporated statutes during recent legislative sessions.
For example, since last updating this section of the municipal code, the Oregon
Legislature passed a bill making it a crime to display a noose. It also amended the
laws governing marijuana and psilocybin.
The City currently enforces state traffic misdemeanors and violations under municipal
court authority in ORS 221.339. However, to make clear to the public that
Springfield has authority to enforce state traffic laws in Springfield Municipal Court,
the City Prosecutor has requested the City Council adopt specific reference to the
Oregon Vehicle Code within the Springfield Municipal Code. Adding this section
would not affect current enforcement of traffic offenses in Springfield, except to be
more clear that state traffic offenses are also City of Springfield traffic offenses.
The addition of Sections 6.000 and 6.002 to the Springfield Municipal Code will
clarify any ambiguity as to whether state traffic offenses constitute an offense against
the City.
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO.
(General)
AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTIONS 5.100 AND 5.104,
ADDING SECTIONS 6.000 AND 6.002, AND ADOPTING A SEVERABILITY CLAUSE
WHEREAS, the Springfield Municipal Court has jurisdiction to prosecute criminal misdemeanors and
violations, and state traffic offenses 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 and traffic 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 and adopt by reference the
penalties and statutory language for criminal misdemeanors and violations, and traffic offenses 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, 163A, 164, 165, 166, 167, 181A,
471, 475, 475A, 475C and 480.111-165, 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:
"(1) Each misdemeanor and violation made an offense against the state under the provisions of
the ORS Chapters 161, 162, 163, 163A, 164, 165, 166, 167, 181A, 471, 475, 475A, 475C and
480.111-165, current in effect and constituted, are adopted by reference and made a part of
this chapter and designated an offense against the City.
(2) 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."
Section 3. Section 6.000 "Definitions" is hereby added to the Springfield Municipal Code to
read as follows:
"The definitions contained in ORS Chapters 801, 802, 803, 805, 806, 807, 809, 810, 811, 813,
814, 815, 816, 818, 819, 820, 821, 822, 823, 825, 826, and OAR 740.100.0010 issued
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thereunder, and Chapter 153 are adopted by reference and made part of this chapter, except
where this code explicitly provides otherwise or context clearly indicates a different meaning."
Section 4. Section 6.002 "Oregon Vehicle Code" is hereby added to the Springfield
Municipal Code to read as follows:
"(1) Each misdemeanor and violation made an offense against the state under the provisions of
ORS Chapters 801, 802, 803, 805, 806, 807, 809, 810, 811, 813, 814, 815, 816, 818, 819, 820,
821, 822, 823, 825, 826, and OAR 740.100.0010 issued thereunder, and Chapter 153, current
in effect and constituted, are adopted by reference and made a part of this chapter and
designated an offense against the City.
(2) 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 6.002 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."
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
2022, by a vote of for and against.
APPROVED by the Mayor of the City of Springfield this day of
2022.
ATTEST:
City Recorder
Mayor
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