HomeMy WebLinkAbout2997 Parking and Amending 11.24.070
ORDINANCE NO.
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AN ORDINANCE RELATING TO PARKING AND AMENDING AMc 11.24.070
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold . and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv 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 above referenced grant of power has been interpreted as affording
all legislative powers home rule constitutional provisions reserved to Oregon Cities.
Citv of Beaverton v. International Ass'n of Firefiahters. Local 1660. Beaverton Shop.
20 Or. App. 293, 531 P 2d 730, 734 (1975);
WHEREAS, it is unclear whether AMC 11.24.070 is enforceable without proof of
intent that a person is moving their vehicle to avoid a parking citation;
WHEREAS, the City would like to clarify that re-parking a vehicle within the same
block will result in a parking citation regardless of the driver's intent because the
time will continue to run; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 11.24.070 [Moving vehicle] is hereby amended to read as
follows:
11.24.070 Moving vehicle
No person shall move aRE! re park a vehiele within the same bloek, as
defiRed iR AMC 11.08.080, iR order to avoid a parkiRg time limit
regulatioR. If a vehicle is moved and re-parked within the same block.
as defined bv AMC 11.08.080. + !he time period shall continue to run if-tfle
',ehiele is moved to aRother parkiRg space .....ithiR the same bloek,
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SECTION 2. Savinas. Notwithstanding this amendment/repeal, the City ordinances
in existence at the time any criminal or civil enforcement actions were commenced,
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shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(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. 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-Iettered, 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 a~th Article X,
Sectio 2(C) of the City Charter on the (P day of ., 2009,
and uly PASSED and ADOPTED this --*> day of , 2009.
Utit~
Barbara M, Christensen, City Recorder
SIGNED and APPROVED this.2/' day Of~ 2009.
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