Item 5: Ordinance to Re-Adopt Motor Vehicle Code

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing and Possible Action: An Ordinance Concerning Offenses and State Traffic Laws; Amending Sections 4.115, 4.990 and 5.005 of the Eugene Code, 1971; Declaring an Emergency; and Providing an Immediate Effective Date Meeting Date: February 19, 2008 Agenda Item Number: 5 Department: Central Services Staff Contact: Kristie Hammitt www.eugene-or.gov Contact Telephone Number: 682-5019 ISSUE STATEMENT The purpose of this public hearing and possible action is to amend Section 5.005 of the Eugene Code, 1971 (“EC”) by the re-adoption of the State Traffic Code, and to amend EC Section 4.115 to prohibit a minor from possessing any alcohol while operating a motor vehicle, and to add the penalty for violation of that provision to EC Section 4.990. These proposed amendments reflect changes made during the 2007 Session of the Oregon State Legislature. Although adoption has been tentatively scheduled for February 25, 2008, the council is requested to take action on the proposed ordinance at this meeting. Note: A unanimous vote of the council is necessary in order for the council to take action on the ordinance at this time. This ordinance contains an emergency clause which is being requested in order to make the ordinance effective upon passage in order to ensure compliance with the State Traffic Code and ORS 801.360. An immediate effective date requires a 2/3 majority or six affirmative votes from the council to pass the ordinance. If the ordinance is approved with less than six votes, it will become effective 30 days after passage. 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. EC Section 5.005 was last updated on January 25, 2006. Since that time, the Legislative Assembly has made changes to the Oregon Vehicle Code, necessitating an amendment to EC 5.005 in order to maintain consistency between state statutes and the Eugene Code. The amendment of EC Section 4.115 incorporates into the Code the offense of minor in possession of alcohol while operating a motor vehicle, a new offense added to the Oregon Revised Statutes by the 2007 Legislature. RELATED CITY POLICIES Municipal Courts have concurrent jurisdiction with State Courts for all traffic and criminal violations and misdemeanors. The City has maintained consistency between provisions of the Eugene Code and the state statutes in the definition of various violations and misdemeanors in order to provide fair and equitable treatment to offenders. L:\CMO\2008 Council Agendas\M080219\S0802195.DOC