HomeMy WebLinkAboutItem 4: Ordinance Concerning State Traffic Laws
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance Ratifying Ordinance No. 20483 Concerning State Traffic
Laws and Providing for an Immediate Effective Date
Meeting Date: January 23, 2012 Agenda Item Number: 4
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 ratify Ordinance No. 20483 concerning State traffic laws which amended
Section 5.005 of the Eugene Code, 1971. That ordinance was scheduled for public hearing and possible
action on December 12, 2011. When the council got to that portion of the agenda, the Mayor announced
the topic. No one signed up to speak at the public hearing concerning the ordinance. The council then
passed Ordinance No. 20483 without first formally opening and closing the public hearing. In order to
remove any doubt as to the validity of Ordinance No. 20483, an ordinance ratifying Ordinance No.
20483 should be adopted after holding another public hearing.
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. Thus, Ordinance No. 20483 was adopted amending
EC Section 5.005.
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
No formal action is required as this is a public hearing. Council action is scheduled for February 13,
2012.
CITY MANAGER’S RECOMMENDATION
This item is scheduled for public hearing only. No recommendation is required at this time.
S:\CMO\2012 Council Agendas\M120123\S1201234.doc
SUGGESTED MOTION
No motion is proposed for this public hearing.
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\2012 Council Agendas\M120123\S1201234.doc
ATTACHMENT A
ORDINANCE NO. _____
AN ORDINANCE RATIFYING ORDINANCE NO. 20483 CONCERNING STATE
TRAFFIC LAWS AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
The City Council of the City of Eugene finds as follows:
Ordinance No. 20483 concerning State traffic laws and amendment of Section 5.005 of
the Eugene Code, 1971 was scheduled for public hearing and possible action on December 12,
2011. When the Council got to that part of the Agenda, the Mayor announced the topic. No one
signed up to speak at the public hearing concerning the Ordinance. The Council then passed
Ordinance No. 20483 without first formally opening and closing the public hearing. In order to
remove any doubt as to the validity of Ordinance No. 20483, an Ordinance ratifying Ordinance
No. 20483 should be adopted after holding another public hearing.
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
The findings set forth above are adopted.
Section 2.
Ordinance No. 20483, which effected the following amendment to
Section 5.005 of the Eugene Code, 1971, effective January 1, 2012, is ratified:
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
Chapter 597 Oregon Laws 2011, Sections 2 through 4, are hereby adopted, and
violations thereof shall constitute an offense against the city.
Section 3.
In order to ensure proper implementation of the State traffic laws, it is
necessary to ratify Ordinance No. 20483 with an immediate effective date. 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 immediately.
Passed by the City Council this Approved by the Mayor this
_____ day of ___________, 2012. _____ day of _____________, 2012.
_______________________________ _______________________________
City Recorder Mayor
Ordinance - Page 1 of 1