HomeMy WebLinkAboutOrdinance No. 6460 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 6460 (General)
AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTIONS 5.100, 5.104,
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, 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, as currently 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"of the Springfield Municipal Code is hereby amended
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
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"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
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, as
currently 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 18th day of September,
2023, by a vote of 6 for and 0 against.
APPROVED by the Mayor of the City of Springfield this 18th day of September, 2023.
Mayor
ATTEST:
REVIEWED&APPROVED
( AS TO FORM
Mary Br.dSmith
City Recorder
DATE: September 15 2023
SPRINGFIELD CITY ATTORNEY'S OFFICE