HomeMy WebLinkAboutOrdinance No. 19500ORDINANCE N0. 19500
AN ORDINANCE CONCERNING OFFENSES AND TRAFFIC CODE
PROVISIONS; AMENDING SECTIONS 4.SO5, 4.820, 4.825,
4.930, 4.990, 5.005, 5.010, 5.225, 5.555, AND 5.590
OF THE EUGENE CODE, 1971; REPEALING SECTIONS 5.280,
5.550, AND 5.560 OF THAT CODE; AND DECLARING AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The definition of "Enter or remain unlawfully" set forth in
Section 4.805 of the Eugene Cade, 1911, is amended to provide:
4.805 Tres assin -Definitions. As used in sections 4.806 t0 4.809
except as the context requires otherwise:
"Enter or remain unlawful1 "means:
. ~a} To enter or remain in ar upon premises when the pre-
m~ses, at the time of such entry or remaining, are not open to
the public or the entrant is not otherwise licensed or rivi-
p
leged to do so; ar
~b}. To fail to leave premises that are open to the public
after bung lawfully directed to do so by the person in char e.
g
Section 2. Sections 4.820, 4.525, and 4.930 of the Eu ene Code 1911
g s
are amended to provide;
4.820 Pett Larcen .
~1} Pett larcen in second de ree. A person commits the crime
of petty larceny ~ n the second degree i f he or she takes or carries awa the
propert of another with the ' y
y intent to deprive the owner of his or her prop-
erty and the value of that property in a single or an aggre ate transaction
is under 50. g
~2} ,Pett larcen in first de ree. A person commits the crime of
petty larceny ~n the first degree if he or she takes or carries awa the ro -
ert of another with the ' y p p
y intent to deprive the owner of his ar her property
and the value of that property in a single or an aggregate transaction is 50
or more but under $500.
4.825 Sho liftin .
~1} Sho liftin in the second de ree, A person commits the crime
of shoplifting in the second degree if he or she conceals or takes osses-
p
sion of goods having a total value under $5a which are offered for sale b
a reta~ l ar whol esai a stor ~ ~ ~ ~ y
e or other mercantile establishment with the intent
to convert the goods to his or her own use without paying the urchase rice
p p
Ordinance - 1
thereof.
~~} Sho liftin in the first de ree. A person commits the crime
of shopl~ft~ng ~n the first degree if he or she conceals or takes possession
of goads having a total value of $50 or more but less than $500, which are
offered for sale by a retail or wholesale store or other mercantile estab-
lishment with the intent to convert the goods to his or her own use without
paying the purchase price thereof.
~3} Notwithstanding ORS X33.550 and QRS 133.5602}, a peace offi-
cer, merchant or merchant's employe who has reasonable cause to believe that
a person has committed the crime of shoplifting may detain and interrogate
the person in a reasonable manner and for a reasonable time,
~4} Where a peace officer, merchant or merchant's employe, with
reasonable cause to believe that a person has committed the crime of sho -
liftin detains and inte p
• g rrogates him, and the person thereafter brings a
c~ vi 1 or cr~m~ nal acts an for slander, false arrest, false imprisonment,
assault, battery or wrongful detention based upon the detention and interro-
gation against the peace officer, merchant, or merchant's employe, such rea-
sonable cause shall be a defense to the action if the detention and interro-
gation were done in a reasonable manner and for a reasonable time.
4.930 Theft of Services.
~1} Theft of services in the third de ree, A person commits the
crime of theft of services in the third degree if:
,~a} With intent to avoid payment therefor, the person obtains
services that are available only for compensation, by force, threat,
deception or other means to avoid payment for the services and the
services in the aggregate are under $50; or
fib} Having control over the disposition of labor or of busi-
ness, commercial or industrial equipment or facilities of another,
the person uses or diverts tv the use of the person or a third er-
son such labor e ' ~ p
qu~pment or fac~lit~es with intent to derive for
the person ar the third person a commerci al benefit to which the
person or the third person is not entitled and the services in the
aggregate are under $50.
~2} Theft of services i n the second de ree. A person cammi is the
crime of theft Of serve ces i n the second degree i f
€a} With intent to avoid payment therefor, the person obtains
services that are available only for compensation, by force, threat,
deception or other means to avoid payment for the services and the
services in the aggregate are $50 or more but less than $500; or
fib} Having control aver the disposition of labor or of busi-
ness, commercial or industrial equipment or facilities of another,
the person uses or diverts to the use of the person or a third er-
• p
son such labor, equipment or fac~l~t~es with intent to derive for
the person or the third person a commercial benefit to which the
person or the third person is not entitled and the services in the
aggregate are $50 or more but less than $500.
• t3} As used in this section, "services" includes, but is not
1 ~m~ted to, labor, professional services, toll facilities, trans ortation
communications ser ' p '
v~ ce, enterta~ nment, the suppiyY ng of food, 1 odg~ ng or
other accomodations in hotels, restaurants or elsewhere, the su 1 in of
e ui ment for pp y g
q p use, and the supplying of commodities of a public utility
Ordinance - ~
nature such as gas, electricity, steam and water. "Communication service"
includes, but is not limited to, use of telephone, computer and cable te1e-
vision systems.
~4} Absconding without payment or offer to pay for hotel, restaur-
ant or other services far which compensation is customarily paid immediately
upon the receiving of them is prima facie evidence that the services were
obtained with intent to avoid payment therefor. Obtaining the use of any
communication system the use of which is available only for compensation,
including but not limited to telephone, computer and cable television systems,
or obta~n~ng the use of any services of a public utility nature, without pay-
ment or offer to pay for such use is prima facie evidence that the obtaining
Of the use of such system ar the use of such services was gained with intent
to avoid payment therefor.
Section 3. Subsection ~5} of Section 4.990 of the Eugene Code, 1911,
is amended, and anew subsection X13} added thereto, to provide:
4.990 Penalties - S ecific.
~5} violatian of sections 4.145, 4.3351}, 4.3402}, 4.350, 4.180,
4.807, 4.82D~1}, 4.8251}, 4.905, and 4.9301} is punishable by fine not to
exceed $500 or confinement in jail not to exceed 30 days, ar both fine and
imprisonment.
. X13} .violation of sections 4.8202}, 4.8252}, and 4.9302} is
punishable by fine not to exceed $1,000 or confinement in jail not to exceed
six months, or both fine and imprisonment.
Section 4. Section 5.005 of the Eugene Code, 1911, is amended to ro-
p
vide:
5.005 State Traffic Laws. It is the policy of the city to conform its
traffic laws as closely as feasible to the traffic laws of the
State of Oregon, The provisions of ORS Chapters 801, 802, 803, 805, 806,
807, 809, 810, 811, 813, 814, 815, 816, 818, 819, 820, 821, 822, 823, and
153 ,are hereby adopted, and violation thereof shal 1 constitute an offense
against the city.
Section 5. The first paragraph of Sectian 5.010 of the Eugene Code,
1971, and the definition of "holiday" set forth therein are amended to ro-
p
vide:
Ordinance - 3
5.010 Definitions. In addition to those definitions contained in DRS
Chapters 801 to 823, and Chapter 153, the following words or
phrases, except where the context clearly indicates a different meaning,
shall mean:
Holm. as defined in DRS 187.010 to 187.020.
Section 6. Subsection ~1}~l} of Section 5.225 of the Eugene Code, 1911,
is amended to read and provide:
5.225 Prohibited Sto in , Standin and Parkin .
. ~1} No,person shall stop, stand or park a vehicle in such a manner
ar 1 ocat~ an that ~ t const~ tutes a hazard to public safety or an abstructi on
to vehicle, bicycle or pedestrian traffic on the street, which shal l include,
but not be limited to, stopping, standing or parking:
~1}• Except momentarily to pick up or discharge a disabled
person, ~n a marked disabled parking space without a disabled per-
son parking permit.
Section 7. Section 5.280 Of the Eugene Code, 1971, is repealed.
Section 8. Sections 5.550 and 5.550 of the Eugene Code, 1971, are
repealed, and Section 5.555 is amended to provide:
5.555 Crossin Private Pro ert or Premises D en to the Public,
~1} No operator of a motor vehicle shall proceed from one street
to an intersecting street by crossing private property ar premises open to
the.publ~c. This provision shall not apply to the operator of a motor
vehicle who stops on the property for the purpose of procuring ar providin
g
goods or services.
t2} violation of this section is a municipal offense subjecting
the violator to arrest by a police officer or private citizen if the viola-
tion takes place in the presence of the officer or citizen or by a police
officer acting under authority of a municipal court warrant.
~3} a Uniform Traffic Citation and Complaint form shall not be
used for violation of this section nor shall convictions thereof be re orted
to the De r ~ ~ •p
pa tment of Motor vehicles. A misdemeanant c~tat~on may be issued
i n 1 i eu of custody.
Section 9. Subsection ~2} of Section 5.990 of the Eugene Cade, 1971,
is amended to provide:
Ordinance - 4
5.990 Penalties - S ecific.
~2} violation of sections 5.060 to 5.155, subsections ~1} and
~~} of section 5.25, 5.540, 5.555, and subsections ~3} and ~4} of section
5.980 is punishable by fine not to exceed $100.00.
Section 10. The City Recorder, at the request of or with the concurrence
of the City Attorney, is authorized to administratively correct any reference
errors contained in this Ordinance or in other sections of the Eugene Code,
1971 to provisions amended, added or repealed herein.
Section 11. That the matters contained herein concern the public health,
safety and welfare and therefore, an emergency is hereby declared to exist,
and this Ordinance shall become effective immediately upon its passage by the
City Council and approval by the Mayor.
Passed by the City Council this
28th day of September, 1987
r
C' y Recorder
Approved by the Mayor th i s
28th day ept ber, 981
i ~.
Mayor
ordinance - 5
CITY OF EUGENE
INTER-DEPARTMENTAL MEMORANDUM
CITY ATTORNEY - CIVIL DEPARTMENT
To: Kathy Fieland Date: December 23, 1987
City Recorder's Office
Subject: Administrative Correction to Subsection 4.9 9 0 ~ 5 ~ of the
Eugene Cade, 1971
This will confirm that during a telephone conversation with
our office today you were requested to make an administrative
correction to Subsection ~5} of Section 4.990 of the Eugene Code,
1971. The correction consisted of restoring 4.8Z0~1}, 4.8251},
and 4.930 ~1~ to that subsection, from which they were
inadvertently deleted at the dime ordinance No. 19505 was adopted
on October 1~, 1987.
By way of background, initial drafting of Ordinance No.
19505 concerning animal control regulations? stated in early
August, 1987, and went through several revisions. Prier to the
Council taking final action an this ordinance, it~cansidered and
enacted Ordinance No. 19500 on September ~8, 1987 ~cancerning
offenses and traffic regulations}. Section 3 of ordinance No.
19500 added a new Subsection ~l3} to Section 4.990, and amended
Subsection ~5} by adding that violations of Subsections 4.8201},
4.8251}, and 4.9301} were subject to the penalty provided
therein. Since the drafts of ordinance 19505 were prepared prior
to the adoption of ordinance No. 19500, reference to those
Sections did not appear and were, therefore, deleted by
implication. This was not the intent of ordinance No. 19505, and
pursuant to the authority of Section l6 of the ordinance you are
requested to effect this correction administratively.
If you have any questions, please do not hesitate to call.
G, LONG, WATKINSON &
LD, P.C. - CITY ATTORNEYS
Daniel J. Barkovic
DJB; jw