HomeMy WebLinkAboutOrdinance No. 20446COUNCIL ORDINANCE NUMBER 20446
COUNCIL BILL NUMBER 5079
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, 7971; REPEALING
SECTIONS 4.820 AND 4.825 OF THAT CODE; AND
PROVIDING AN EFFECTIVE DATE
ADOPTED: December 14,2009
SIGNED: December 16,2009
PASSED: 8/0
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE: January 1, 2010
described in subsection (1) of this section and the total value of the property in
a single or aggregate transaction is $100 or more, but is less than $1,000.
Section 3 . Section 4.825 of the Eugene Code, 1971, is repealed.
Section 4 . Subsection (2) of Section 4.874 of the Eugene Code, 1971, is amended to
provide:
4.874 Downtown Public Safetv 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 4.822, 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 1 67.808,
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:
4.906 Giving False Information to P eace officer or Enforcement officer for 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) 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 4190.085
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
Ordinance - Page 2 of 4
means to avoid payment for the services and the services in the
aggregate are 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
commercial benefit to which the person or the third person is not entitled
and the services in the aggregate are 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 $100 or more but less than $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 $100 or more but less than
$1
(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 5 . Section 4.990 of the Eugene Code, 1971, is amended by repealing the
penalties for violation of Section's 4.820 and 4.825 of that Code.
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
Ordinance - Page 3 of 4
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 2099 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
I 4 day of December, 2009
I (1- 1 Q, 'I I �., �
City Recorder
Approved by the Mayor this
16th day of December, 2009
Mayor
Ordinance - Page 4 of 4