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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 Page 1 of 2 Attachment 1, Page 1 of 2 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 Page 2of2 Attachment 1, Page 2 of 2