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HomeMy WebLinkAboutItem 5: PH on Ordinance Concerning Offenses ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Concerning Offenses; Amending Sections 4.710 and 4.940, of the Eugene Code, 1971; and Providing an Immediate Effective Date Meeting Date: January 23, 2006 Agenda Item Number: 5 Department: Municipal Court Staff Contact: Kristie Hammitt www.eugene-or.gov Contact Telephone Number: 682-5019 ISSUE STATEMENT This item is for a public hearing on proposed changes to Chapter 4-Offenses of the Eugene Code. The Chapter 4 updates are due to the 2005 Oregon Legislature session. Note: This ordinance contains an emergency clause which is being requested in order to make the ordinance effective upon passage. It is being requested in order to provide consistency with state law. Six affirmative votes are required to pass the ordinance on an emergency basis. 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 be consistent with legislated changes in criminal offenses. The ORS changes became effective January 1, 2006. Eugene Code Section 4.710 was added July 25, 2005. The amendment to Eugene Code 4.710 will expand telephonic harassment to include text messaging, voice messaging and exempts debt collectors. The proposed addition of Subsection (c) to Section 4.940 of the Eugene Code exempts media personnel from being required to assist in fire fighting operations when reporting on the fire. The statutory changes became effective January 1, 2006. In order to maintain consistency with State law, the Eugene Code update must be made effective upon adoption of the ordinance. RELATED CITY POLICIES The proposed changes to the Eugene Code support the Council Goal of Safe Community. Municipal courts have concurrent jurisdiction with State courts over criminal violations and misdemeanors. The City has ensured that the Eugene Code reflects new offenses and amendments to existing offenses when they are adopted into law so that cases involving these offenses may be heard in municipal court. A lack of consistency would undermine the credibility of Municipal Court and would lead to an increased number of appeals to Lane County Circuit Court. Appeals are costly to defendants and to both courts, and result in a delay of justice. L:\CMO\2006 Council Agendas\M060123\S0601235.doc COUNCIL OPTIONS The council may choose to not adopt the amendment to Section 4.710 for Telephonic Harassment, or add the new subsection to 4.940 for Fire Control, which would require those cases to be filed in Lane County Circuit Court. CITY MANAGER’S RECOMMENDATION The City Manager recommends adoption of proposed ordinance. SUGGESTED MOTION No motion is required for the public hearing. If the council chooses to take action on January 23, the following motion is suggested: Move to adopt an ordinance concerning offenses; amending sections 4.710 and 4.940, of the Eugene Code, 1971; 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 L:\CMO\2006 Council Agendas\M060123\S0601235.doc ATTACHMENT A ORDINANCE NO. __________ AN ORDINANCE CONCERNING OFFENSES; AMENDING SECTIONS 4.710 AND 4.940, OF THE EUGENE CODE, 1971; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 4.710 of the Eugene Code, 1971, is amended to provide: 4.710 Telephonic Harassment. A telephone caller commits the crime of telephonic harassment if the caller intentionally harasses or annoys another person: (1) By causing the telephone of the other person to ring, such caller having no communicative purpose; or (2) By causing such other person’s telephone to ring, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone. (3) By sending to, or leaving at, the other person’s telephone a text message, voice mail or any other message, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone. (4) It is an affirmative defense to a charge of violating this section that the caller is a debt collector, as defined in ORS 646.639, who engaged in the conduct proscribed by this section while attempting to collect a debt. The affirmative defense created by this subsection does not apply if the debt collector committed the unlawful collection practice described in ORS 646.639(2)(a) while engaged in the conduct proscribed by this section. Section 2. A new Subsection (c) is added to Section 4.940 of the Eugene Code, 1971, to provide: 4.940 Fire Control . A person commits the offense of refusing to assist in fire- fighting operations if: (a) Upon command by a person known by the person to be a [fireman] firefighter the person unreasonably refuses or fails to assist in extinguishing a fire or protecting property threatened thereby; or (b) Upon command by a person known by the person to be a [fireman] firefighter or peace officer the person intentionally and unreasonably disobeys a lawful order relating to the conduct of the person in the vicinity of a fire. Ordinance - 1 (c) Subsections (a) and (b) of this section do not apply to a person working for a news organization if the person is reporting on the fire and the person does not unreasonably interfere with fire- fighting operations. Section 3. 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 4. Certain Bills passed at the 2005 Legislation Session that amend the provisions amended herein became effective, therefore, it is necessary for the preservation of the public health, welfare and safety for this Ordinance to have immediate effect. This Ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor, retention by the Mayor for more than ten days, or readoption over a Mayoral veto by two-thirds of all members of the City Council. Passed by the City Council this Approved by the Mayor this _____ day of ______________, 2006. _____ day of ______________, 2006. _______________________________ ______________________________ City Recorder Mayor Ordinance - 2