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HomeMy WebLinkAboutOrdinance No. 20404 -=~::.... COUNCIL ORDINANCE NUMBER 20404 COUNCIL BILL NUMBER 4969 AN ORDINANCE CONCERNING OFFENSES AND STATE TRAFFIC LAWS; AMENDING SECTIONS 4.115, 4.990, AND 5.005 OF THE EUGENE CODE, 1971; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. ADOPTED: February 25, 2008 PASSED: 7:0 REJECTED: OPPOSED: ABSENT: BeUman EFFECTIVE: February 26, 2008 ORDINANCE NO. 20404 AN ORDINANCE CONCERNING OFFENSES AND STATE TRAFFIC lAWS; AMENDING SECTIONS 4.115, 4.990, AND 5.005 OF THE EUGENE CODE, 1971; 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 liauor 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 (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 Penaltv 4.115(1) 4.115(2) 250 fine 720 fine Section 3. Section 5.005 of the Eugene Code, 1971, is amended as follows: 5.005 State 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 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reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein.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. 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 25th day of February, 2008 Approved by the Mayor this },? day of February, 2008. 1\\Cl ~ -f~l-/'--- ty Recorder f{;.fk P~7 t:r Ordinance - 2