HomeMy WebLinkAboutItem 5: Ordinance on State Traffic Laws
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing and Possible Action: An Ordinance Concerning State Traffic Laws;
Amending Section 5.005 of the Eugene Code, 1971, and Providing an Effective Date
Meeting Date: December 12, 2011 Agenda Item Number: 5
Department: Central Services Staff Contact: Daniel J. Barkovic, Jeff Perry
www.eugene-or.gov Contact Telephone Number: 541 682-8414, 541 682-5019
ISSUE STATEMENT
The purpose of this action is to amend 5.005 of the Eugene Code, 1971 (EC) by the re-adoption of the
State Traffic Code. This proposed amendment reflects changes made during the 2011 session of the
Oregon State Legislature which will become effective on January 1, 2012. It is important for law
enforcement purposes that this ordinance becomes effective on January 1, 2012. Therefore, this item is
scheduled for public hearing and possible action at a single meeting, and provides for an effective date
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 council is required for an effective date 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 traffic code. EC Section 5.005 was last updated on January 1,
2010. Since that time, the Legislative Assembly has made changes to the Oregon Vehicle Code,
necessitating an amendment to EC 5.005 in order to maintain consistency between state statutes and the
Eugene Code.
RELATED CITY POLICIES
Municipal courts have concurrent jurisdiction with State courts for all traffic and criminal violations and
misdemeanors. The City has maintained consistency between provisions of the Eugene Code and the
State statutes in the definition of various violations and misdemeanors in order to provide fair and
equitable treatment to offenders.
COUNCIL OPTIONS
1.Adopt the ordinance as proposed at a single meeting, effective January 1, 2012.
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.
S:\CMO\2011 Council Agendas\M111212\S1112125.doc
CITY MANAGER’S RECOMMENDATION
The City Manager recommends Option 1, adopting the ordinance at a single meeting, with an effective
date of January 1, 2012.
SUGGESTED MOTION
Move to adopt Council Bill 5058, an ordinance concerning State Traffic Laws, amending Section 5.005
of the Eugene Code, 1971, and providing an effective date.
ATTACHMENTS
A. Proposed Ordinance
FOR MORE INFORMATION
Staff Contact: Dan Barkovic, City Prosecutor
Telephone: 541-682-8414
Staff E-Mail: dan,j,barkovic@ci.eugene.or.us
S:\CMO\2011 Council Agendas\M111212\S1112125.doc
ATTACHMENT A
ORDINANCE NO________
.
AN ORDINANCE CONCERNING STATE TRAFFIC LAWS; AMENDING
SECTION 5.005 OF THE EUGENE CODE, 1971; AND PROVIDING AN
EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
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] Chapter 597 Oregon Laws 2011, Sections 2 through 4, 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.
As a result of certain Bills that passed during the 2011 Legislation Session
which will become effective on January 1, 2012, it is necessary to amend the City Code
provision relating to State Traffic Laws effective January 1, 2012. 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, 2012.
Passed by the City Council this Approved by the Mayor this
_____ day of December, 2011 _____ day of December, 2011
City Recorder Mayor
Ordinance - Page 1 of 1