HomeMy WebLinkAboutItem 5: Ordinance Amending Chapter 5
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
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 25, 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 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.
Note: 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. A public hearing regarding this proposed change was held on
February 19, 2008.
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.
F:\CMO\2008 Council Agendas\M080225\S0802255.doc
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.
CITY MANAGER’S RECOMMENDATION
After considering public comment from the public hearing held on February 19, the City Manager
recommends that the Mayor and City Council approve the proposed updates to Eugene Code 4.115,
4.990 and 5.005.
SUGGESTED MOTION
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
F:\CMO\2008 Council Agendas\M080225\S0802255.doc
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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