HomeMy WebLinkAbout2956 Attorney Duties
ORDINANCE NO. ~~ tQ\o
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE,
SECTION 2.28.270, CITY ATTORNEY DUTIES
WHEREAS, Ashland Municipal Code Chapter 2.28.270 is inconsistent with ORS 9.160
and 9.320, concerning the practice of law and the exception for peace officers in ORS
153.083; and
WHEREAS, the City wishes to amend the City of Ashland Municipal Code to make the
code consistent with state law.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1: Amendment. Ashland Municipal Code Section 2.28.270 is hereby
amended to read as follows:
2.28.270 City Attorney Ex Officio Duties.
With respect to criminal proceedings in the Municipal Court, the City Attorney
shall be the Ex officio prosecuting attorney. Whenever the defendant is
represented by an attorney on an infraction or violation, the City Attorney shall
also prosecute the offense. In all other infraction or violation proceedings in the
Municipal Court, the City Attorney shall consult and assist the enforcement officer
involved.
SECTION 2: Severability. If any section, provision, clause, sentence, or paragraph of
this Ordinance or the application thereof to any person or circumstances shall be held
invalid, such invalidity shall not affect the other sections, provisions, clauses, or
paragraphs of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be
severable.
SECTION 3: Savings Clause. Notwithstanding this amendment/repeal, the City
ordinances in existence at the time any criminal or civil enforcement or other actions
were commenced, shall remain valid and in full force and effect for purposes of all
cases filed or actions commenced during the times said ordinance(s) or portions thereof
were operative.
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-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 2-
4 ) need not be codified.
The foregoing ordinance was first read by title only in a;~ with Article X,
Section 2(C) of the City Charter on the ~ day of ' , 2008,
and duly PASSED and ADOPTED this ~ day of' , 2008.
1It~
arbara M. Christensen, City Recorder
SIGNED and APPROVED this 7 day of 4. 2008.
~
ORDINANCE NO. ~ IQ\.o
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE,
SECTION 2.28.270, CITY ATTORNEY DUTIES.
Annotated to show delotions and additions to the code sections being modified.
Deletions are lined through in bold and additions are in bold underline.
WHEREAS, Ashland Municipal Code Chapter 2.28.270 is inconsistent with ORS 9.160
and 9.320, concerning the practice of law and the exception for peace officers in ORS
153.083; and
WHEREAS, the City wishes to amend the City of Ashland Municipal Code to make the
code consistent with state law.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1: Amendment. Ashland Municipal Code Section 2.28.270 is hereby
amended to read as follows:
2.28.270 City Attorney Ex Officio Duties.
With respect to criminal proceedings in the Municipal Court, the City Attorney
shall be the Ex officio prosecuting attorney~ Wwhenever the defendant is
represented by an attorney on an infraction or violation, the City Attorney
shall also prosecute the offense. In all other infraction or violation criminal
proceedings in the Municipal Court, the City Attorney shall consult and assist the
enforcement officer involved~ or represent the City 'I.-hen the case is of
unusual complexity or contains unusual difficulties as determined by the
officer involved, and the Chief of Police, or 3 designee.
SECTION 2: Severability. If any section, provision, clause, sentence, or paragraph of
this Ordinance or the application thereof to any person or circumstances shall be held
invalid, such invalidity shall not affect the other sections, provisions, clauses, or
paragraphs of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be
severable.
SECTION 3: Savings Clause. Notwithstanding this amendment/repeal, the City
ordinances in existence at the time any criminal or civil enforcement or other actions
were commenced, shall remain valid and in full force and effect for purposes of all
cases filed or actions commenced during the times said ordinance(s) or portions thereof
were operative.
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-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 2-
4) need not be codified.
The foregoing ordinance was first read by title only in acc
Section 2(C) of the City Charter on the 2:z day of
and duly PASSED and ADOPTED this ~ day of
with Article X,
,2008,
,2008.
/I(
arbara M. Christensen, City Recorder
SIGNED and APPROVED this L day of 4. 2008.
\~-
, Mayor