HomeMy WebLinkAbout3101 Amending AMC 1.08 General Penalty
ORDINANCE NO. 1 0 1
AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE CHAPTER
1.08 GENERAL PENALTY, SECTIONS 1.08.010, 1.08.020 AND 1.08.030
COMPLIANT WITH CURRENT STATE STATUTES
Annotated to show deletions 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, the Oregon State Legislature has amended ORS 153 Violations and Fines,
effectuating changes to the Ashland Municipal Code Chapter 1.08 General Penalties.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1.08, GENERAL PENALTY, Section 1.08.010 Misdemeanor Penalties
and Procedures, Section 1.08.020 Violation Penalties and Procedures, and Section 1.08.030 Base
Fines, Schedule of Violation Penalties, are hereby amended to read as follows:
Chapter 1.08 GENERAL PENALTYIES
Section 1.08.010 Municipal Court Jurisdiction, Misdemeanor Penalties and Procedures
A. The municipal court shall have iurisdiction over all offenses made punishable under the
ordinances of the City of Ashland; all misdemeanor crimes made punishable under ORS
Chapters 161 through 167 and 471 through 480; all violations, as defined by ORS
153.005(3); and all traffic offenses, as defined by ORS 801 555, that are made punishable
under Title 59 of the Oregon Revised Statutes, other than felony traffic crimes
1) When iurisdiction on a matter is conferred on the municipal court, all the means to
carry such iurisdiction into effect is also given to the municipal iudge; and in the
exercise of such iurisdiction, if the rules of procedure are not specifically identified or
made applicable to the municipal court under this Chapter, any suitable process or
mode of proceeding may be adopted by the municipal iudge which may appear most
conformable to the exercise of such iurisdiction.
2) Rules of Procedure. The municipal judge may adopt and publish rules necessary for
the prompt and orderly conduct of the business of the municipal court Rules adopted
by the municipal iudge pursuant to this section shall be consistent with the provisions of
Ordinance No. Page 1 of 6
ORS Chanter 153, ORS Chapter 156, and any rules adopted by the Oremon Supreme
Court pursuant to ORS 153.033.
AB. 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 Imaximum $2500 fine and one hundred eighty (180
in jaill; provided however,-white criminal offense having a maximum fine and
incarceration not exceeding the limitations of Article 9, Section 1 of the Ashland City Charter
are operative, any per-son eonvieted of a misdemeanor under this eode sk*94"mnMed-hy
a fine of not more than five hundred dollars ($500.00), or- by imprisonment not to ex
D NotwithstandinL the above, according to ORS 221 339, municipal courts have
concurrent iurisdiction with circuit courts and iustice courts over misdemeanors
committed or triable in the city. The Ashland municipal court is subject to the state
laws it enforces and is not subiect to the fine and incarceration limitations of the
Ashland City Charter.
42) In 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.
y Criminal
1) All eriminal 7
provisions and i equirements applieftble to violations and
misdemeanors,
Code,
"ORS Chnpters.
violations, 40 and 41), ORS Chapter 153 defenses,
bur-den of 7
liability, pt ineiples of eriminal pnrties,
ntnined in Oregon Revised Statutes Chapters 133! through iind ineluding 167, its
well as Chop tet s 471 through 480 nre-~' adopted in ffill and made appheab"
2) All misdemeanor and violation offenses and penalties deseribed in ORS Chapters
161, 162, 163, 164, 165, 166 and , as well as offenses deseribed in the-4)fegan
Vehiele Code and ORS Chapters 33-,1327-7-,453, 471, 475, 476, and 480,
violation of an ORS
• violation, Code.
tion adopted by r-eferenee is an offense against this eity find shall be pu-n-i-shable to
the same extent as pr)vided in the Notwithstanding the above, noth.ng herein
- . .1 - - I City poliee Or City Attorney from eleefing to pufsue-ft
eharge and proseeute da--ndants with state law offenses in the name of the State of
Oregon pursuant to ORS 221. 339;
meaning,
definitions appearing
in the general definitional and other- partieular seetions of ehapters adopted-by
subseetions (1) and (2) of this seetion are tippl. le throughout thi.- pter. Where
referenees to
7
and
"state" "state statute"
shall be deented to also ine
cc » "eity » and Ordinance No. Page 2 of 6
The city police, city attorney, assistant city attorney, and municipal court, including the
municipal court judge, judges pro tem, court supervisor and deputy court clerks, shall have all
the powers, duties, and responsibilities provided under Oregon Revised Statutes, applicable to
investigation, prosecution, administration, and adjudication of criminal offenses and violations
within the city of Ashland and on city-owned property as applicable.
5)D. The statutes, codes and procedures adopted herein are expressly made applicable within the
city limits of the city of Ashland as well as outside the city limits when eoneerid" for offenses
occurring on city-owned or controlled property located outside the city limits of the city of
Ashland, Oregon.
BE. Each such person is guilty of a separate offense for each and every day during any portion of
which any violation of this code is committed, continued or permitted by any such person, and
shall be punished accordingly. The costs of prosecution, including but not limited to court costs,
assessments, fees, surcharges, restitution, and the like, shall not be included within the $500 fine
limitation. 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 city
charter.
Section 1.08.020 Violation Penalties and Procedures.
A. Viela4ion offenses in the Ashland Munieipal Code shall be elassified as a Class 1, Class ,
Class M of Class Al viola4iofis. Exe-ept fef the minimum fine pfevisions of ORS 153.024-,
viela4ions desefibed in the Ashland Mtmieipal Code as Class 1, 11, M & Al shall be applied
and intefpfeted eonsistently with Glass 1 t > > C; & D violations as set fafth in ORS Chaptef
not et+ef ise s eeifed in she Ashland M r1 Code vE tl,lla. - - - t d eed aL
7
viela4ion offense shall be a Class 11 7
refer-e The penalty fnr « „l.,t' offense shall be as - r + f ,
r 11,
elassifieation of the effense in the Sehedule of Violation Penalties, Seetion 1.08.030 [ Table
1], of as other-wise speeifieally designa4ed in t7 ,
* Ashland Munieipal cede. Pfayid@d
howevef, while the $500 dellaf fifnitatien ef Aftiele 9, Seetion 1 of the Ashland City rChafte
rap-- ~J
a City Ofdiiianee offefise, shall iiet exeeed $500. in addition, eae.h. and evefy day dwiftg-aff
person of ee-n-fity shall eonstittite a sepafate violation subjeet to a separate fine and sueh-pefseft
shall be punished aeeer-dingly. The eosts of pfeseeution, ineluding but not limited to eotH4
> , like, r-estitution, and the
shall not be ineluded
within the $500 1 't t
pttfsuant to ORS 221. 339 is not limited by the fine and ineafeefation lifnita4ions of th-e
n sl,land City Chaft^
>Jlllullal ~,-~Zrccrccr.
2) See AMG 10. 120, et Persistent Violation fef additional penalties and pfeeedtifes fe
violation of Class T Al Violations..
o offense 111 AMC C 108n~J
3 c C6i-7pofa4e"
Ordinance No. Page 3 of 6
fines ffipose when the entity fe Y rv '1'1 f the offense , L '
Y J ~ i ,
Limited Liability Company of ethef enfity, no+i-a feel-Pcr3vrr In add} i9iitE9 fine, the
zr
Munieipal J impose punishment Yiiiia..di
A. The violations referenced in Ashland Municipal Code as Class I, II, III and IVcoincide
respectively with provisions identified as Class A, B, C, and D violations in ORS chapter
153, as follows:
(1) Class I - Class A.
(2) Class II -Class B;
(3) Class III - Class C;
(4) Class IV - Class D;
(5) Unclassified - An offense that is desilinated as a violation but does not specify
the classification of the violation is an unclassified violation and is treated as a
Class II (Class B) violation.
B. Parking violations are excluded from Classification and Presumptive Fine
requirements.
C. A separate violation shall be deemed committed each day during or on which a
violation or noncompliance occurs or continues.
D. Persistent Violation has additional penalties and procedures for Class I - IV violations,
as set forth in AMC 10.120, et sec.
Section 1.08.030 BuseMaximum and Presumptive Fines, Schedules of Violation Penalties.
A. Base Fine. Pufsttaftt to ORS 153.142, base fine ealettlations shall be eensistent with state
law for- all di vielations and ether- 1 s ouvJ 1'' + the '1' t' of t1-
~~t ~
mttn' 1 t th + !'pit., . if shall b added t the fetindatien
any, amatint and ed into the base €inee StcAe, eetifity-and lv 1 assessments and
misdemeanef assessments,
B. Sehedule of viuuvii Penalties._ _
within the jtuisdiefien of the Munieipal Gout4 shall have the elassifiealiens and base
fines, noted on Table 1 belew:
Table 1 SehedulP-6f Violation Peiialti@s**-
Viol.,t; Glas-s N4fflEifntt Base fine Buse -4 s„ °h^ ° to 7 1 2nl 1
QassA :00* $427,80 $472.00
Chris H $360.00 $242.00 $287.00
Unelassified $360.00 $242.00 $287-00
Cis M 1$ 00 X00 $t98 00
CUs-s- X090 08 $0 09 $142.00
*
lowered to $500.00 fine, 1 applieable state, eotifity and assessments a-Rd
stifehafges, if any]
iaJ
These pfn .1 t YY1J b 11., to Pafking Offenses "less s eifie in
Y
AMC.
Ordinance No. Page 4 of 6
A. Fines: The penalty for committing a violation is a fine The law creating a violation may
impose other penalties in addition to a fine
1. The maximum fine for a violation committed by an individual is set forth in Section
B, Table 1 below.
2. The presumptive fine for a violation committed by an individual is set forth in
Section B, Table 1 below.
A. The presumptive fine is defined as a set fine imposed against the defendant who
mails or delivers to the court a plea of no contest and the dollar amount in lieu of
a court appearance.
3. City surcharge assessment, if any, shall be added to any fine imposed by the court
upon the defendant's entry of plea or finding of guilt
4. A reduction of a misdemeanor to a violation retains the respective state, county,
and/or city misdemeanor assessments
B. Schedules of Violation Penalties.
Table 1 Schedule of Ashland Municipal Code (AMC) Violation Penalties*
Ashland Violation Class Maximum Presumptive"
Class I $500.00*** $435.00
Class II $325.00 $260.00
Unclassified $325.00 $260.00
Class III $200.00 $160.00
Class IV $138.00 $110.00
Table 2 Schedule of Adopted State Violation Penalties, adopted from state law:****
State Violation Class Ashland Violation Class Maximum Presum tive**
Class A Class I $2000.00 $435.00
Class B Class II $1000.00 $260.00
Class B Unclassified $1000.00 $260.00
Class C Class III $ 500.00 $160.00
Class D Class IV $ 250.00 $110.00
These provisions do not apply generally to Parking Offenses unless specified in the AMC
The presumptive fine imposed against the defendant who pleads no contest and delivers the amount of
the presumptive fine to the court
Subiect to Charter limitation the maximum fine may not exceed $500.00, plus applicable state
county fees.
****The Ashland municipal court is Subiect to the state laws it enforces and is not subject to the fine and
incarceration limitations of the Ashland City Charter.
C. Business Fine: A sentence to pay a fine for a violation committed by a corporation,
partnership, limited liability company or other type business entity shall be in an amount
Ordinance No. Page 5 of 6
not to exceed twice the fine established under this section, subiect to limits of the City
Charter.
D. In addition to a fine, the municipal court may impose additional punishment or
remedial measure (e.2. restitution, expulsion, treatment) appropriate for the violation
offense.
SECTION 2. Savings. Nothing in this ordinance shall affect the validity of or the procedures
and penalties applicable to criminal or civil enforcement actions commenced and continued
under the laws in effect at the time the charges 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", 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 No.24) 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 ac ordance with Article X,
Secti (C) of the City Charter on the /S day of , 2014,
Aly PASSED and DOPTED this S ay 2014.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this Z day of , 2014.
J Stromberg, Mayor
Revi ed as to form:
7 l
David H. Lohman, rty Attorney
Ordinance No. Page 6 of 6