HomeMy WebLinkAbout3067 AMC 1.08 Persistent Violation & Failure to Appear ORDINANCE NO.2D�
AN ORDINANCE AMENDING AMC CHAPTER 1.08 GENERAL
PENALTIES, SECTIONS 1.08.005F., 1.08.010A.(1), AND 1.08.020 TO
EFFECTUATE PROPOSED ORDINANCE ADDING
AMC 10.120 "PERSISTENT VIOLATION" AND
AMC 10.125 "PERSISTENT FAILURE TO APPEAR"
Annotated to show dele ien6-and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, it is the intent of the City Council to protect discrete areas within the City that are
experiencing increased unlawful activity against becoming an attraction for more such activity
and to protect the public against health and welfare hazards posed by persons who are attracted
to these areas for opportunity to engage in or to contact others to engage in unlawful activity;
WHEREAS, the Council's intent is to amend AMC Chapter 10 to address the problems of
persistent violations of law in the downtown area and persistent failure to appear in court, and
thereby reduce the incidents of unlawful behavior within such discrete areas; and
WHEREAS, effectuating the new ordinance on Persistent Violation and Persistent Failure to
Appear,requires amendments to AMC chapter 1.08.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1.08 General Penalty of the Ashland Municipal Code is hereby amended
to read as follows:
1.08.005 Code Compliance Officers
F. Default/Criminal Charges/Warrant/Presumptive Arrest.
,(1) Failure to appear on a violation citation may result in a default judgment,
criminal prosecution for failure to appear [See ORS 153.992, ORS 133.0761, a
Court order to show cause for Contempt, as well as issuance of an arrest warrant.
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(2) Notwithstanding F.0) above, court appearance is mandatory for the
following violations occurring within an Enhanced Law Enforcement Area as
provided in AMC 10.120.020:
a. AMC 9.08.110--Scattering Rubbish;
b. AMC 9.08.170--Unnecessary noise;-
c. AMC 9.16.110--Dogs-Control Reauired;
d. AMC 10.40.030--Consumption of Alcohol in Public; or
i
e. AMC 10.40.040--Open Container of Alcohol in Public.
f AMC 10.46.020 Prohibited C'sn�ir+�
1.08.010 Misdemeanor Penalties and Procedures
A. Unless otherwise specifically provided, when the Ashland Municipal Code identifies
violation of its provisions as a misdemeanor or as subject to this section, any person
violating any provisions or failing to comply with any of the mandatory requirements of
this code is guilty of a Class B misdemeanor offense [maximum $2500 fine and one
hundred eighty (180) days in jail]; provided however, while the limitations of Article 9,
Section 1 of the Ashland City Charter are operative, any person convicted of a
misdemeanor under this code shall be punished by a fine of not more than five hundred
dollars ($500.00), or by imprisonment not to exceed sixty (60) days, or by both such fine
and imprisonment.
f Lln addition to a fine and incarceration, the Municipal Court may impose any
additional punishment, probation, remedial measure (e.g. restitution), or
expulsion as provided under AMC 10.120 et sec., that is appropriate for the
offense.
1.08.020 Violation Penalties and Procedures.
A. Violation offenses in the Ashland Municipal Code shall be classified as a Class I,
Class II, Class III or Class IV violations. Except for the minimum fine provisions of
ORS 193153.021, violations described in the Ashland Municipal Code as Class 1, 11,
III & IV shall be applied and interpreted consistently with Class A, B, C & D violations
as set forth in ORS Chapter 153. Parking violations are excluded from Classification and
Base Fine requirements. When not otherwise specified in the Ashland Municipal Code or
in other incorporated codes, the violation offense shall be a Class I1 violation, inclusive of
violations in codes incorporated by reference. The penalty for committing a violation
offense shall be as specified for the classification of the offense in the Schedule of
Violation Penalties, Section 1.08.030, [Table 1], or as otherwise specifically designated
in the Ashland Municipal Code. Provided however, while the $500 dollar limitation of
Article 9, Section 1 of the Ashland City Charter is operative, the fine portion of any
monetary obligation imposed by the Municipal Court for a City Ordinance offense, shall
not exceed $500. In addition, each and every day during any portion of which any
violation offense is committed, continued or permitted by any such person or entity shall
constitute a separate violation subject to a separate fine and such person shall be punished
accordingly. The costs'of prosecution, including but not limited to court costs,
Ordinance No. Page 2 of 3
assessments, fees, charges, surcharges, restitution, and the like, shall not be included
within the $560 limitation.
1) The prosecution in Ashland Municipal Court of state law misdemeanors and
violations pursuant to ORS 221. 339 is not limited by the fine and incarceration
limitations of the Ashland City Charter.
2) See AMC 10.120, et sec.,Persistent Violation for additional penalties and
procedures for violation of Class I—IV Violations. .
SECTION 2. Savings.Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinances(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter"or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in acco dance with Article X,
Section 2(C) of the City Charter on the S_ day of ' 2012,
and d ly PASSED and ADOPTED this�_day of 12012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of / 2012.
t
Jo Stromberg, Mayor
Revi ed as to for
avid H. Lo an, City Attorney.
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