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<br /> <br />ECC <br />UGENE ITY OUNCIL <br />AIS <br />GENDA TEM UMMARY <br /> <br /> <br /> <br /> <br />Action: An Ordinance Concerning Offenses and State Traffic Laws; Amending Sections <br />4.115, 4.990 and 5.005 of the Eugene Code, 1971; Declaring an Emergency; and <br />Providing an Immediate Effective Date <br /> <br />Meeting Date: February 25, 2008 Agenda Item Number: 5 <br />Department: Central Services Staff Contact: Kristie Hammitt <br />www.eugene-or.gov Contact Telephone Number: 682-5019 <br /> <br /> <br /> <br /> <br />ISSUE STATEMENT <br /> <br />The purpose of this action is to amend Section 5.005 of the Eugene Code, 1971 (EC) by the re-adoption <br />of the State Traffic Code, and to amend EC Section 4.115 to prohibit a minor from possessing any <br />alcohol while operating a motor vehicle, and to add the penalty for violation of that provision to EC <br />Section 4.990. These proposed amendments reflect changes made during the 2007 session of the <br />Oregon State Legislature. <br /> <br />Note: An immediate effective date requires a 2/3 majority or six affirmative votes from the Council to <br />pass the ordinance. If the ordinance is approved with less than six votes, it will become effective 30 <br />days after passage. <br /> <br /> <br />BACKGROUND <br /> <br />Each biennium, the City Council updates the Eugene Code to ensure that Code provisions are consistent <br />with legislated changes in the State’s criminal and traffic codes. EC Section 5.005 was last updated on <br />January 25, 2006. Since that time, the Legislative Assembly has made changes to the Oregon Vehicle <br />Code, necessitating an amendment to EC 5.005 in order to maintain consistency between state statutes <br />and the Eugene Code. The amendment of EC Section 4.115 incorporates into the Code the offense of <br />minor in possession of alcohol while operating a motor vehicle, a new offense added to the Oregon <br />Revised Statutes by the 2007 Legislature. A public hearing regarding this proposed change was held on <br />February 19, 2008. <br /> <br /> <br />RELATED CITY POLICIES <br />Municipal courts have concurrent jurisdiction with State courts for all traffic and criminal violations and <br />misdemeanors. The City has maintained consistency between provisions of the Eugene Code and the <br />State statutes in the definition of various violations and misdemeanors in order to provide fair and <br />equitable treatment to offenders. <br /> <br /> <br /> <br /> F:\CMO\2008 Council Agendas\M080225\S0802255.doc <br /> <br />