HomeMy WebLinkAboutItem 5: Ordinance to Re-Adopt Motor Vehicle Code
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.
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COUNCIL OPTIONS
The council may choose not to add the new subsection to EC 4.115 relating to minors in
possession of alcoholic beverages while operating a vehicle. If it is not added, Municipal Court
will lack jurisdiction to consider the offense of a minor in possession of alcohol while operating
a motor vehicle, and city police officers would be required to cite offenders into Lane County
Circuit Court. The council may choose not to act on this ordinance tonight.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that the Mayor and City Council convene the public hearing and
take action on the ordinance at this time.
SUGGESTED MOTIONS
1.Move, with unanimous consent of the council, to consider enactment of the ordinance at this
time.
2. Move to adopt 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.
ATTACHMENTS
A. Proposed Ordinance
FOR MORE INFORMATION
Staff Contact: Kristie Hammitt
Telephone: 682-5019
Staff E-Mail: kristie.a.hammitt@ci.eugene.or.us
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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 -
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Section 4.
The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to administratively correct any reference errors contained
herein or in other provisions of the Eugene Code, 1971, to the provisions added,
amended or repealed herein.
Section 5.
Due to actions of the 2007 Legislative Assembly that have became
effective, the City Council finds that an emergency exists which cannot be addressed by
the ordinance adoption procedures of Section 28(1) of the Eugene Charter of 2002.
Pursuant to Section 28(3) of the Eugene Charter of 2002, immediately prior to adoption
of this Ordinance, the City Council unanimously agreed to proceed with consideration of
this Ordinance at the conclusion of the public hearing.
Section 6.
Certain Bills passed at the 2007 Legislation Session that amend
provisions relating to minors in possession of alcohol and the state traffic laws have
become effective, and it is necessary for the preservation of the public health, welfare
and safety that this Ordinance have immediate effect. Therefore, Pursuant to the
provisions of Section 32(2) of the Eugene Charter of 2002, with the affirmative vote of
two-thirds of the members of the City Council, this Ordinance shall become effective
immediately upon its adoption by the Council and approval by the Mayor, or passage
over the Mayor’s veto.
Passed by the City Council this Approved by the Mayor this
____ day of ____________, 2008 _____ day of ____________, 2008.
_______________________________ ______________________________
City Recorder Mayor
Ordinance -
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