Item 6: PH and Possible Action: Ordinance Concerning Offenses and State Traffic Laws

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Concerning Offenses and State Traffic Laws: Amending Sections 4.822, 4.874, 4.906. 4.930, 4.990 and 5.005 of the Eugene Code, 1971; Repealing Sections 4.820 and 4.825 of that Code; and Providing an Effective Date Meeting Date: December 14, 2009 Agenda Item Number: 6 Department: Central Services/City Prosecutor Staff Contact: City Prosecutor Dan Barkovic A/Captain Patrol Division Rich Stronach www.eugene-or.gov Contact Telephone Number: 541-682-8414 ISSUE STATEMENT This is a public hearing to amend sections 4.822, 4.874, 4.906, 4.930 and 4.990 of the Eugene Code, 1971 (EC), to re-adopt Section 5.005 (the state traffic code) of that Code, and to repeal Sections 4.820 and 4.825 of that Code. These proposed amendments reflect changes made during the 2009, session of the Oregon State Legislature which will become effective on January 1, 2010, except in the case of EC 4.906 which should be revised due to an amendment made in a previous session of the State Legislature. Note: It is important for law enforcement purposes that this ordinance becomes effective on January 1, 2010. Therefore, this item is scheduled for public hearing and possible action at a single meeting, and provides for an effective date of less than 30 days after enactment of the Ordinance. The unanimous consent of the council is required for the council to enact this ordinance following the public hearing. The affirmative vote of two-thirds of the members of the council is required for an effective date of less than 30 days after enactment of the ordinance. BACKGROUND Each biennium, the City Council updates the Eugene Code to ensure that Code provisions are consistent with legislated changes in the State’s criminal and traffic codes. The attached Ordinance amends the Code consistent with the changes made during the 2009, Legislative session. The repeal of Code provisions regarding Petty Larceny (EC 4.820) and Shoplifting (EC 4.825) are proposed because the Theft 3 and Theft 2 ordinances are used to prosecute those crimes. If no substantive objections to this ordinance are raised, the council is asked to consider taking action on the ordinance following the public hearing. The State Legislature has set an effective date of January 1, 2010, for the state criminal code changes. Eugene wishes to mirror the state effective date to minimize confusion between state and municipal court offenses. Due to timing concerns, City Council would need to vote to consider action on the ordinance following the public hearing on December 14, 2009. The council can agree to act on the ordinance with unanimous consent. If the council unanimously agrees to vote on the ordinance immediately following the public hearing, the council can enact the ordinance with an effective date of less than 30 days after adoption only with a two-thirds majority or