HomeMy WebLinkAbout3023 Amending AMC Chapter 4
ORDINANCE NO. ,?O J3
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 4, REVENUE AND FINANCE, AND
REMOVING UNNECESSARY REGULATIONS
Annotated to show aeletiens and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section I 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 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 Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless
otherwise specified; this Chapter is being amended to specify classifications where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 4.20.120 [System Development Charges - Enforcement] is hereby
amended to read as follows:
4.20.120 Enforcement - Violation.
Any service connected to the City water, sewer or storm sewer system after the effective
date of this chapter for which the fee due hereunder has not been paid as required or an
adequate secured arrangement for its paymeni has been made, is subject to termination of
service under the City's utility disconnect policy. In addition to any other remedy or
penalty provided herein. any connection to the City water. sewer or storm system
made without payment as specified in this Chapter shall be considered a Class I
violation.
SECTION 2, Sections 4.24.130 [Transient Occupancy Tax - Violations-Infractions] through
4.24.140 [Confidentiality] are hereby amended to read as follows:
4.24.130 Violations Infraetions
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Any operator or other person who fails or refuses to register as relJuireo herein, or
to furnish any retun relJuired to be made, or fails or ref-uses to f-urnish a
supplemental return or other data required by the Tax l\dministrator, or who
renders a false or fraudulent return or elaim, or who fails, refuses or negleets to
remit the tax to the City by the due date, is guilty of an infraetion and shall be
punished as set forth in Seetion 1.08.020.
All violations of this chapter are punishable as set forth in AMC 1.08,020, It is a
violation of this chapter for any operator or other person to:
,
A. fail or refuse to complv as required herein:
B. fail or refuse to rel!ister as required herein:
C. fail or refuse to furnish any return required to be made:
D, fail or refuse to permit inspection of records:
E. fail or refuse to furnish a supplemental return or other data
required by the Tax Administrator:
F. render a false or fraudulent return or claim:
G, fail, refuse or nel!lect to remit the tax to the city by the due date.
Violation of subsections A-E and G above shall be considered a Class I violation.
Filinl! a false or fraudulent return shall be considered a Class C misdemeanor,
subject to AMC 1.08. The remedies provided by this section are not exclusive and
shall not prevent the City from exercisinl! any other remedy available under the law,
nor shall the provisions of this ordinance prohibit or restrict the City or other
appropriate prosecutor from pursuinl! criminal charl!es under state law or city
ordinance.
4.24.140 Confidentiality
Except as otherwise required by law, it shall be unlawful for the City, any officer,
employee or agent to divulge, release or make known in any manner any financial
information submitted or disclosed to the City under the terms of this Ordinance. Nothing
in this section shall prohibit:
A, tB The disclosure of the names and addresses of any person who are
operating a hotel or recreational vehiclel campinl! park; or
B. ~ The disclosure of general statistics in a form which would prevent the
identification of financial information regarding an individual operator; or
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C. (Jj Presentation of evidence to the court, or other tribunal having jurisdiction
in the prosecution of any criminal or civil claim by the Administrator or
an appeal from the Administrator for amount due the City under this
chapter.; or
D. The disclosure of information when such disclosure of conditionally
exempt information is ordered under public records law procedures:
Q!
E. The disclosure of records related to a business's failure to report and
remit the tax when the report or tax is in arrears for over six months
or the tax arrearal!e exceeds $5,000.00. The City Conncil expressly
finds and determines that the public interest in disclosure of such
records clearly outweil!hs the interest in confidentiality under ORS
192.501(5),
SECTION 3. Section 4.26.060 [Transportation Utility Fee - Enforcement] is hereby amended to
read as follows:
4.26.060 Enforcement
Any charge due hereunder which is not paid when due may be recovered in an action at
law by the City. In addition to any other remedies or penalties provided by this or any
other ordinance of the City, failure of any user of City utilities within the City to pay said
charges promptly when due shall subject such user to discontinuance of any utility
services provided by the City and the City Administrator is hereby empowered and
directed to enforce this provision against such delinquent users. The employees of the
City shall, at all reasonable times, have access to any premises served by the City for
inspection, repair, or the enforcement of the provisions of this chapter. In addition to
any other remedy or penalty provided herein, failure to remit the fee provided
herein when due shall be considered a Class I violation and each day the remittance
is late shall constitute a separate offense,
SECTION 4. Section 4.27.080 [Storm Drainage Utility - Enforcement] is hereby amended to
read as follows:
4.27.080 Enforcement
Any fee due which is not paid when due may be recovered in an action at law by the City.
In addition to any other remedies or penalties provided by this or any other City
ordinance, failure of any person responsible to pay fees promptly when due shall subject
the person responsible to discontinuance of any utility services provided by the City and
the City Administrator is empowered and directed to enforce this provision against such
delinquent users. The employees of the City shall, at all reasonable times, have access to
any improved property served by the City for inspection, repair, or the enforcement of the
provisions of this chapter. In addition to any other remedy or penalty provided ,
herein. failure to remit the fee provided herein when due shall be considered a Class
I violation and each day the remittance is late shall constitute a separate offense.
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SECTION 5. Section 4.28.050 [Utility User Tax - Actions to Collect] is hereby amended to
read as follows:
4,28.050 Actions to Collect - Enforcement,
Any tax required to be paid by a service user under the provisions of this Chapter shall be
deemed a debt owed by the service user to the City. The Director of Finance may take
such actions to secure payment as provided in Section 14.12.050 of the Ashland
Municipal Code. In addition to any other remedy or penalty provided herein, failure
to remit the tax provided herein when due shall be considered a Class I violation
and each day the remittance is late shall constitute a separate offense.
SECTION 6 Section 4.30.040 [Privilege Tax - Payment and Collection of Tax] is hereby
amended to read as follows:
4,30 Privilege Tax
4.30.040 Payment and Collection of Tax
The tax imposed by this chapter shall be collected from the service user at the time that
payment is made for charges for electric energy or service. In addition to any other
remedy or penalty provided herein, failure to remitthe tax provided herein when
due shall be considered a Class I violation and each day the remittance is late shall
constitute a separate offense.
SECTION 7. Section 4.32.020 F [Alarm Systems - Classification] is hereby amended to read as
follows:
4.32.020 Classification of Alarm Systems
F. Exempt alarm systems are:
1. Those which ineorporate only an on prcmise annuoeiator, a visual aonunciator,
or any combination thereof;
1. Alarm systems owned, maintained and monitored by any goverriment law enforcement
agency to protect their premises; and
2. Alarm systems protecting property of the City of Ashland.
SECTION 8. Section 4.32.100 [Alarm Systems - Permit Application] is hereby amended to
read as follows:
4.32.100 Permit Application
Each application for an alarm system permit shall be made on a form prescribed by the
Finance Director Police Chief, apd shall contain the following information:
A. The name, address and telephone number of the principal of the protected premises.
B. The type of premises (home, office, variety store, etc.), and anybusiness name by
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which the premises is known.
C. The address of the protected premises, including, if it is in a residential, commercial or
industrial complex (office building, apartment house, shopping center, etc.), and any
name by which the complex is commonlyJnown.
D. The names, addresses and telephone numbers, including home phone number, of all
agents.
E. The number and type of annunciators and automatic dialers which the alarm system
incorporates, the location of all remote annunciators, and the names and phone numbers
of all persons or businesses which are or may be preselected for automatic dialer contact.
F. The application shall be accompanied by the fee prescribed under Section 4.32.120.
SECTION 9, Section 4.32.220 [Alarm Systems - Enforcement and Penalties] is hereby
amended to read as follows:
4.32.220 Enforcement and Penalties
A, Use of a prohibited alarm system (AMC 4.32.030, 4.32.040 and 4.32,210) is a
Class I violation.
B. .\0)' person failing Failure to comply with the provisions of this Chapter. not
addressed in A above, includinl! use of an alarm system without a permit, shall
be considered a Class III violation subject to the penalties provided in Chapter
1.08.010 of this code.
SECTION 10. Section 4.34.120 [Food and Beverage Tax - Violations-Infractions] is hereby
amended to read as follows:
4,34.120 Violations - Infraetions
All violations of this chapter are punishable as set forth in AMC 1.08.020. It is a violation
of this chapter for any operator or other person to:
A. fail or refuses to comply as required herein;
B. fail or refuse to furnish any return required to be made;
C. fail or refuse to permit inspection of records;
D. fail or refuse to furnish a supplemental return or other data required by
the director;
E. render a false or fraudulent return or Claim;
F. fail, refuse or neglect to remit the tax to the city by the due date.
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Page 5 of6
Violation of subsections A-D and F above shall be considered a Class I violation.
Filinl! a false or fraudulent return shall be considered a Class C misdemeanor.
subiect to AMC 1.08. The remedies provided by this section are not exclusive and shall
- not prevent the City from exercising any other remedy available under the law, nor shall
the provisions of this ordinance prohibit or restrict the City or other appropriate
prosecutor from pursuing criminal charges under state law or city ordinance.
SECTION 11. Severability. If any section, provision, clause, sentence, or paragraph of
this prdinance 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 givel1 effect without the invalid provision or application, and to this end
the provisions of this Ordinance are declared to be severable.
SECTION 12 Savings. Notwithstanding this amendment, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as required by
state law, were commenced 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 or applications commenced and continued under the laws in effect at the
time the matters were originally filed.
SECTION 13 Codification. Provisions of this Ordinance shall be incorporated in the
Ashland Municipal 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, and typographical errors and cross references may be corrected by the City Recorder,
provided however that Sections 11 thru 13, unincorporated Whereas clauses and boilerplate
provisions need not be codified.
The fo"",iog ""moo", W~ fim "oo by tide ooly m OC"O~dide X,
Section 2(C) of the City Charter on the ~ day of ,2010,
and d y PASSED and ADOPTED thiS ~ day of ,2010.
/ ~~ ' '
Barbara Christensen, City Recorder
SIGNED and APPROVED this ---L- day of
~
,2010.
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