HomeMy WebLinkAboutOrdinance 6439 05/02/2022CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. ___________ (General)
754:
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. hereby amended
to read as follows:
163A, 164, 165, 166, 167, 181A,
471, 475, 475A, 475C and 480.111-165, as currently in effect, are adopted by reference and
Section 2. Violations
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
Section 3.
read as follows:
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 are adopted by reference and made part of this chapter, except
where this code explicitly provides otherwise
Section 4. Oregon Vehicle Code
Municipal Code to read as follows:
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.
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ADOPTED by the Common Council of the City of Springfield this ______ day of ____________,
6
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2022, by a vote of _____ for and ____ against.
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APPROVED by the Mayor of the City of Springfield this ______ day of __________________,
2022.
__________________________
Mayor
ATTEST:
__________________________
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City Recorder