Item 5: Ordinance to Re-Adopt Motor Vehicle Code

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ATTACHMENT A ORDINANCE NO. _________ 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. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 4.115 of the Eugene Code, 1971, is amended as follows: 4.115 Minors - Purchase or Possession of Liquor Prohibited; Exception . (1) Except as provided in section 4.120 of this Code, no minor shall attempt to purchase, acquire, or have in their possession any alcoholic liquor. (2) No minor shall possess any alcoholic liquor while he or she is operating a motor vehicle, as defined in ORS 801.360 (2) 3 For the purposes of this section, possession of alcoholic liquor includes the acceptance or consumption of a bottle of such liquor, or any portion thereof, or a drink of such liquor. The physical act of consuming the alcohol need not occur within the corporate limits of the city. Section 2. The entry for Section 4.115 set forth in Subsection (1) of Section 4.990 of the Eugene Code, 1971, is amended as follows: 4.990 Penalties - Specific . (1) Violation of the following sections is punishable by fine or confinement in jail, or both, up to the amounts indicated opposite each: Section Penalty 4.115(1) 250 fine 4.115(2) 720 fine Section 3. Section 5.005 of the Eugene Code, 1971, is amended as follows: 5.005State Traffic Laws . 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 and OAR 740.100.0010 issued thereunder, and Chapter 153, except for ORS 153.093 and ORS 153.125, are hereby adopted, and violations thereof shall constitute an offense against the city. Ordinance - 1