HomeMy WebLinkAboutItem 4: PH on Ordinance Concerning Traffic Code Updates
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance Concerning State Traffic Laws and Amending Section
5.005 of the Eugene Code, 1971 and Providing an Immediate Effective Date
Meeting Date: January 23, 2006 Agenda Item Number: 4
Department: Municipal Court Staff Contact: Kristie Hammitt
www.eugene-or.gov Contact Telephone Number: 682-5019
ISSUE STATEMENT
This is a public hearing regarding the re-adoption of the State Traffic Code into Section 5.005 of the
Eugene Code, to reflect changes made during the 2005 Oregon State Legislative Session. As this is a
routine housekeeping item, the council may wish to take action on the proposed ordinance at this
meeting. If, after consideration of public hearing testimony the council wishes to consider immediate
adoption, a motion has been provided. However, adoption has also been tentatively scheduled for
February 13, 2006.
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 ensure compliance with the
Traffic Code. 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 reflect statutory changes to the State
Traffic Code. Eugene Code Section 5.005 was last updated on February 9, 2004.
Except for parking violations, the majority of cases handled in the Eugene Municipal Court are traffic
offenses, totaling approximately 20,000 cases per year.
The statutory changes to the State Traffic Code 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
Municipal courts have concurrent jurisdiction with State Courts over all traffic offenses. The City has
maintained consistency between the Eugene Code provisions and State statute in the definition of
various traffic offenses to provide fair and equitable treatment to offenders no matter where they are
cited.
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COUNCIL OPTIONS
If the council chooses not to adopt the State Traffic Code, the lack of consistency would undermine the
credibility of Municipal Court and would lead to an increased number of appeals on traffic cases to Lane
County Circuit Court. Appeals are costly to defendants and to both courts, and result in a delay of
justice.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends re-adoption of the State Traffic Code into Section 5.005 of the Eugene
Code, to reflect changes made during the 2005 Oregon State Legislative Session.
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 state traffic laws and amending Section 5.005 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
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ATTACHMENT A
ORDINANCE NO. ______
AN ORDINANCE CONCERNING STATE TRAFFIC LAWS
AND AMENDING SECTION 5.005 OF THE EUGENE
CODE, 1971 AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
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.
Section 2.
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 3.
Certain Bills passed at the 2005 Legislation Session that amend the
state traffic laws 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 ______________, 200__. _____ day of ______________, 200__.
_______________________________ ______________________________
City Recorder Mayor
Ordinance - 1
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