HomeMy WebLinkAboutItem 6: PH and Possible Action: Ordinance Concerning Offenses and State Traffic Laws
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance Concerning Offenses and State Traffic Laws: Amending
Sections 4.822, 4.874, 4.906. 4.930, 4.990 and 5.005 of the Eugene Code, 1971;
Repealing Sections 4.820 and 4.825 of that Code; and Providing an Effective Date
Meeting Date: December 14, 2009 Agenda Item Number: 6
Department: Central Services/City Prosecutor Staff Contact: City Prosecutor Dan Barkovic
A/Captain Patrol Division Rich Stronach
www.eugene-or.gov Contact Telephone Number: 541-682-8414
ISSUE STATEMENT
This is a public hearing to amend sections 4.822, 4.874, 4.906, 4.930 and 4.990 of the Eugene Code,
1971 (EC), to re-adopt Section 5.005 (the state traffic code) of that Code, and to repeal Sections 4.820
and 4.825 of that Code. These proposed amendments reflect changes made during the 2009, session of
the Oregon State Legislature which will become effective on January 1, 2010, except in the case of EC
4.906 which should be revised due to an amendment made in a previous session of the State Legislature.
Note: It is important for law enforcement purposes that this ordinance becomes effective on January
1, 2010. Therefore, this item is scheduled for public hearing and possible action at a single meeting,
and provides for an effective date of less than 30 days after enactment of the Ordinance. The
unanimous consent of the council is required for the council to enact this ordinance following the
public hearing. The affirmative vote of two-thirds of the members of the council is required for an
effective date of less than 30 days after enactment of the ordinance.
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. The attached Ordinance amends the
Code consistent with the changes made during the 2009, Legislative session. The repeal of Code
provisions regarding Petty Larceny (EC 4.820) and Shoplifting (EC 4.825) are proposed because the
Theft 3 and Theft 2 ordinances are used to prosecute those crimes.
If no substantive objections to this ordinance are raised, the council is asked to consider taking action on
the ordinance following the public hearing. The State Legislature has set an effective date of January 1,
2010, for the state criminal code changes. Eugene wishes to mirror the state effective date to minimize
confusion between state and municipal court offenses. Due to timing concerns, City Council would
need to vote to consider action on the ordinance following the public hearing on December 14, 2009.
The council can agree to act on the ordinance with unanimous consent. If the council unanimously
agrees to vote on the ordinance immediately following the public hearing, the council can enact the
ordinance with an effective date of less than 30 days after adoption only with a two-thirds majority or
six affirmative votes from the council. If the ordinance is approved with less than six votes, it will
become effective 30 days after passage.
RELATED CITY POLICIES
Municipal courts have concurrent jurisdiction with State courts for all traffic and criminal violations and
misdemeanors. In order to provide fair and equitable treatment to offenders, the City has maintained
consistency between provisions of the Eugene Code and State statutes in the definition of various
violations and misdemeanors.
COUNCIL OPTIONS
1. Adopt the ordinance as proposed at a single meeting, effective January 1, 2010.
2. Adopt the ordinance as proposed at a single meeting, with a 30-day effective date.
3. Not act tonight, in which case action will be scheduled at a future council meeting.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends Option 1, adopting the ordinance at a single meeting, effective January
1, 2010.
SUGGESTED MOTION
Move that the council take final action on the ordinance tonight.
If the motion above passes unanimously, then the City Manager recommends the following motion. If
the above motion does not pass unanimously, then no motion to adopt can be made at tonight’s meeting.
Move to adopt an ordinance concerning Offenses and State Traffic Laws; amending Sections 4.822,
4.874, 4.906. 4.930. 4.990 and 5.005 of the Eugene Code, 1971; repealing Sections 4.820 and 4.825 of
that Code; and providing an effective date.
ATTACHMENTS
A. Proposed Ordinance (The attached ordinance has been updated from the ordinance that was posted
on the City’s website to remove references to the repealed Code sections. Due to the repeal of EC 4.820
and EC 4.825 effected by this ordinance, references to those sections should be removed from EC
4.874(2) and EC 4.990.)
FOR MORE INFORMATION
Staff Contact: Dan Barkovic, City Prosecutor
Telephone: 541-682-8414
Staff E-Mail: dan.i.barkovic@ci.eugene.or.us
ATTACHMENT A
ORDINANCE NO. _______
AN ORDINANCE CONCERNING OFFENSES AND STATE TRAFFIC LAWS;
AMENDING SECTIONS 4.822, 4.874, 4.906. 4.930, 4.990 AND 5.005 OF THE
EUGENE CODE, 1971; REPEALING SECTIONS 4.820 AND 4.825 OF THAT
CODE; AND PROVIDING AN EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 4.820 of the Eugene Code, 1971, is repealed.
[4.820 Petty Larceny
.
(1)
Petty larceny in second degree. A person commits the crime of petty larceny
in the second degree if the person takes or carries away the property of
another with the intent to deprive the owner of the owner’s property and the
value of that property in a single or an aggregate transaction is under $50.
(2)
Petty larceny in first degree. A person commits the crime of petty larceny in
the first degree if the person takes or carries away the property of another with
the intent to deprive the owner of the owner’s property and the value of that
property in a single or an aggregate transaction is $50 or more but under
$750.]
Section 2.
Section 4.822 of the Eugene Code, 1971, is amended to provide:
4.822 Theft.
(1)
Theft in the Third Degree. A person commits the crime of theft in the third
degree if the total value of the property in a single or an aggregate transaction
is [under $50] less than $100, and the person, by means other than
extortion, with the intent to deprive another of property or to appropriate
property to the person or a third person, [the person]:
(a) Takes, appropriates, obtains or withholds such property from an owner
thereof; or
(b) Comes into control of property of another that the person knows or has
good reason to know to have been lost, mislaid or delivered under a
mistake as to the nature or amount of the property or the [identify]
identity of the recipient, and with the intent to deprive the owner thereof
fails to take reasonable measures to restore the property to the owner;
or
(c) Obtains property of another, and with the intent to defraud:
1. Creates or confirms another’s false impression of law, value,
intention or other state of mind which the actor does not believe to
be true; or
2. Fails to correct a false impression which the person previously
created or confirmed; or
Ordinance - Page 1 of 5
3. Prevents another from acquiring information pertinent to the
disposition of the property involved; or
4. Sells or otherwise transfers or encumbers property, failing to
disclose a lien, adverse claim or other legal impediment to the
enjoyment of the property, whether such impediment is or is not
valid, or is or is not a matter of official record; or
5. Promises performance which the person does not intend to
perform or knows will not be performed.
(d) Receives, retains, conceals or disposes of property of another knowing
or having good reason to know that the property was the subject of theft.
For purposes of this subsection, “receiving” means acquiring,
possession, control or title, or lending on the security of the property.
(2)
Theft in the Second Degree. A person commits the crime of theft in the
second degree if, by means other than extortion, the person commits a theft
described in subsection (1) of this section and the total value of the property in
a single or aggregate transaction is [$50] $100 or more, but is [under $200]
less than $1,000 [if a theft described in (1)(d), and under $750 if a theft
described in (1)(a), (1)(b) or (1)(c)].
Section 3.
Section 4.825 of the Eugene Code, 1971, is repealed.
[4.825 Shoplifting
.
(1)
Shoplifting in the second degree. A person commits the crime of shoplifting in
the second degree if the person takes possession of goods having a total
value under $50 which are offered for sale by a retail or wholesale store or
other mercantile establishment with the intent to convert the goods to that
person’s own use without paying the purchase price thereof.
(2)
Shoplifting in the first degree. A person commits the crime of shoplifting in the
first degree if the person takes possession of goods having a total value of
$50 or more but less than $750, which are offered for sale by a retail or
wholesale store or other mercantile establishment with the intent to convert
the goods to that person’s own use without paying the purchase price thereof.
(3)
Notwithstanding ORS 133.550 and ORS 133.560(2), a peace officer,
merchant or merchant's employee 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 employee, with reasonable
cause to believe that a person has committed the crime of shoplifting detains
and interrogates that person, and the person thereafter brings a civil or
criminal action for slander, false arrest, false imprisonment, assault, battery or
wrongful detention based upon the detention and interrogation against the
peace officer, merchant, or merchant's employee, such reasonable cause
shall be a defense to the action if the detention and interrogation were done in
a reasonable manner and for a reasonable time.]
Ordinance - Page 2 of 5
Section 4.
Subsection (2) of Section 4.874 of the Eugene Code, 1971, is amended to
provide:
4.874 Downtown Public Safety Zone - Civil Exclusion
.
(2)
The municipal court may exclude a person pursuant to subsection (5) of
section 4.876 of this code for violation of any of the provisions in sections
4.080, 4.115, 4.190, 4.230, 4.240, 4.685, 4.705, 4.707, 4.725, 4.726, 4.728,
4.729, 4.730, 4.731, 4.755, 4.760, 4.770 4.780, 4.782, 4.806, 4.807, 4.808,
4.809, [4.820,] 4.822, [4.825,] 4.882, 4.930, and 4.977, of this code, and for
violation of any of the provisions of ORS 163.165, ORS 163.175, ORS
163.185, ORS 164.365, ORS 164.395, ORS 164.405, ORS 164.415, ORS
166.165, ORS 166.170, ORS 166.220, ORS 166.240, ORS 166.250, ORS
167.262, ORS 167.808, ORS 475.840, ORS 475.846 – ORS 475.894, ORS
475.904, and ORS 475.906. In addition, persons who attempt, as defined in
section 4.015 of this code or ORS 161.405, to commit offenses listed in this
section are subject to exclusion pursuant to section 4.876 of this code.
Section 5.
Sections 4.906 and 4.930 of the Eugene Code, 1971, are amended to
provide:
4.906Giving False Information to Peace Officer or Enforcement Officerfor a
Citation.
A person commits the offense of giving false information to a peace
officer or enforcement officer for a citation or for an arrest on a warrant if the
person knowingly uses or gives a false or fictitious name, address or date of birth to
any peace officer or enforcement officer for the purpose of:
(a) [t]The officer's issuing or serving the person a citation under authority of
section 4.035 of this code, ORS 133.055 to 133.076, 133.110, 419C.085
or ORS chapter 153; or
(b) The officer’s arresting the person on a warrant.
“Enforcement officer,” as used in this section, means a public safety officer of the
University of Oregon authorized to issue citations for violations pursuant to section
4.035 of this code.
4.930 Theft of Services
.
(1)
Theft of services in the third degree. 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] less than $100; or
(b) Having control over the disposition of labor or of business, commercial
or industrial equipment or facilities of another, the person uses or diverts
to the use of the person or a third person such labor, equipment or
facilities with intent to derive for the person or the third person a
Ordinance - Page 3 of 5
commercial benefit to which the person or the third person is not entitled
and the services in the aggregate are [under $50] less than $100.
(2)
Theft of services in the second degree. A person commits the crime of theft of
services in the second 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 [$50] $100 or more but less than [$750] $1,000; or
(b) Having control over the disposition of labor or of business, commercial
or industrial equipment or facilities of another, the person uses or diverts
to the use of the person or a third person such labor, equipment or
facilities 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] $100 or more but less than
[$750] $1,000.
(3)
As used in this section, "services" includes, but is not limited to, labor,
professional services, toll facilities, transportation, communications service,
entertainment, the supplying of food, lodging or other accommodations in
hotels, restaurants or elsewhere, the supplying of equipment for use, and the
supplying of commodities of a public utility nature such as gas, electricity,
steam and water. "Communication service" includes, but is not limited to, use
of telephone, computer and cable television systems.
(4)
Absconding without payment or offer to pay for hotel, restaurant or other
services for 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 obtaining the
use of any services of a public utility nature, without payment or offer to pay
for such use is prima facie evidence that the obtaining of the use of such
system or the use of such services was gained with intent to avoid payment
therefor.
Section 6.
Section 4.990 of the Eugene Code, 1971, is amended by repealing the
penalties for violation of Sections 4.820 and 4.825 of that Code, to provide:
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. In addition, the court may
order any treatment, related to the violation, deemed necessary for
rehabilitation of the offender and the safety of the community.
Section Penalty
[4.820(1) 500 fine or 30 days in jail, or both
4.820(2) 1,000 fine or 6 months in jail, or both]
[4.825(1) 500 fine or 30 days in jail, or both
4.825(2) 1,000 fine or 6 months in jail, or both]
Ordinance - Page 4 of 5
Section 7.
Section 5.005 of the Eugene Code, 1971, is amended to provide:
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.
Section 8.
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 9.
As a result of certain Bills that passed during the 2009 Legislation Session
which will become effective on January 1, 2010, or in the case of Giving False Information to a
Peace Officer which was previously amended by the Oregon Legislature, it is necessary to
amend City Code provisions relating to Theft, Giving False Information to a Peace Officer, and
State Traffic Laws effective January 1, 2010. 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, upon adoption by the Council and approval by the Mayor, or passage over the
Mayor’s veto, this Ordinance shall become effective on January 1, 2010.
Passed by the City Council this Approved by the Mayor this
_____ day of December, 2009 _____ day of December, 2009
City Recorder Mayor
Ordinance - Page 5 of 5