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<br /> <br />ECC <br />UGENE ITY OUNCIL <br />AIS <br />GENDA TEM UMMARY <br /> <br /> <br /> <br /> <br />Public Hearing: An Ordinance Concerning Offenses; Amending Sections 4.710 and <br />4.940, of the Eugene Code, 1971; and Providing an Immediate Effective Date <br /> <br /> <br />Meeting Date: January 23, 2006 Agenda Item Number: 5 <br />Department: Municipal Court Staff Contact: Kristie Hammitt <br />www.eugene-or.gov Contact Telephone Number: 682-5019 <br /> <br /> <br /> <br /> <br />ISSUE STATEMENT <br /> <br />This item is for a public hearing on proposed changes to Chapter 4-Offenses of the Eugene Code. The <br />Chapter 4 updates are due to the 2005 Oregon Legislature session. <br /> <br />Note: This ordinance contains an emergency clause which is being requested in order to make the <br />ordinance effective upon passage. It is being requested in order to provide consistency with state law. <br />Six affirmative votes are required to pass the ordinance on an emergency basis. If the ordinance is <br />approved with less than six votes, it will become effective 30 days after passage. <br /> <br /> <br />BACKGROUND <br /> <br />Each biennium, the City Council updates the Eugene Code to be consistent with legislated changes in <br />criminal offenses. The ORS changes became effective January 1, 2006. Eugene Code Section 4.710 <br />was added July 25, 2005. <br /> <br />The amendment to Eugene Code 4.710 will expand telephonic harassment to include text messaging, <br />voice messaging and exempts debt collectors. The proposed addition of Subsection (c) to Section 4.940 <br />of the Eugene Code exempts media personnel from being required to assist in fire fighting operations <br />when reporting on the fire. <br /> <br />The statutory changes became effective January 1, 2006. In order to maintain consistency with State <br /> <br />law, the Eugene Code update must be made effective upon adoption of the ordinance. <br /> <br /> <br />RELATED CITY POLICIES <br /> <br /> <br />The proposed changes to the Eugene Code support the Council Goal of Safe Community. <br /> <br />Municipal courts have concurrent jurisdiction with State courts over criminal violations and <br />misdemeanors. The City has ensured that the Eugene Code reflects new offenses and amendments to <br />existing offenses when they are adopted into law so that cases involving these offenses may be heard in <br />municipal court. A lack of consistency would undermine the credibility of Municipal Court and would <br />lead to an increased number of appeals to Lane County Circuit Court. Appeals are costly to defendants <br />and to both courts, and result in a delay of justice. <br /> L:\CMO\2006 Council Agendas\M060123\S0601235.doc <br /> <br />