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<br />;:... <br />. <br /> M E M 0 R A 0 U M <br />- <br /> To: Mayor and City Councilors Date: June 6, 1985 <br /> SUbject: Repeal of Unconstitutional Municipal Ordinances <br /> The following City Ordinances are not being enforced because <br /> of constitutional defects in the language of the ordinances. It <br /> is necessary to formally repeal these ordinances to avoid poten- <br /> tial liability resulting from an officer mistakenly arresting <br /> someone upon one of the charges, and to eliminate the expectation <br /> by the community that the ordinances should be enforced. <br /> 1. Prohibited Weapons. Section 4.890. The Oregon Supreme <br /> Court has ruled that possession of a billy club in one's home or <br />e automobile is constitutionally protected. State v. Kessler, 289 <br /> Or 359 (1980) ; State v. Blocker, 291 Or 255 (1981) . Moreover, <br /> the city ordinance itself was found unconstitutional by Judge <br /> Gordon Cottrell in the case of citv of Euaene v. Paqe, Lane <br /> _____ ..J ___ <br /> County Circuit Court Case No. 10-81-05332 (1981) . This ordinance <br /> has not been enforced for some time and formal repeal is <br /> necessary. <br /> 2. Begging. Section 4.720. The begging ordinance has also <br /> not been enforced for some time since it impermissibly restricts <br /> an individual's freedom of speech. Current efforts are under way <br /> to draft a constitutionally acceptable ordinance regulating this <br /> type of conduct. <br />.e <br /> -1- <br />