HomeMy WebLinkAbout3113 Amending 10.120.020 Adding Offenses to Persistent Violation
ORDINANCE NO. 7~7 1 ! 3
AN ORDINANCE AMENDING CHAPTER 10.120.020
TO ADD TWO OFFENSES AS POSSIBLE ELEMENTS
OF THE CRIME OF PERSISTENT VIOLATION
Annotated to show d°'~efiensand additions to the code sections being modified. Deletions are
bold lined thr-oug-h 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, City of Ashland law enforcement has experienced an increase of dog keepers not
attending to their dogs or their dogs' disruptive or dangerous behaviors and some keepers are not
licensing their dogs or vaccinating them against rabies in violation of AMC 9.16.015 and
Jackson County Code 6.12.03; and
WHEREAS, the City of Ashland law enforcement has noted that Enhanced Law Enforcement
Area is experiencing unlicensed and possibly unvaccinated dogs in particular and is becoming
an attraction for more such activity; and
WHEREAS, with the passage of Oregon Measure 91 legalizing conditional use of marijuana,
City of Ashland law enforcement has experienced an increase of public use of marijuana in
violation of state law; and
WHEREAS, the City of Ashland law enforcement has noted that Enhanced Law Enforcement
Area is experiencing unlawful use of marijuana in particular and is becoming an attraction for
more such activity.
THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 10.120.020 is amended as follows:
A. The person is convicted in Ashland Municipal Court for any combination of the following
crimes or violations occurring in separate incidents within a six month period within an enhanced
law enforcement area:
Ordinance No. Page 1 of 3
1) Three (3) or more Class A, B or C felonies or Class As or B or C misdemeanors;
2) Two (2) Class A, B or C felonies or Class A, B, or C misdemeanors plus one (1) or more
violations of the ordinances set forth in (4) below; or
3) misdemeanors; Three (3) or more Class C 4) Three (3) or more violations of any of the following ordinances or laws:
a. AMC 9.08.110--Scattering Rubbish;
b. AMC 9.08.170--Unnecessary noise;
c. AMC 9.16.010--Dogs-Control Required;
d. AMC 10.40.030--Consumption of Alcohol in Public_eri
e. AMC 10.40.040--Open Container of Alcohol in Public;
L AMC 9.16.015--Dog License Required; or
g. Measure 91, Section 54.--Use of mariiuana in public place prohibited.
SECTION 2. Savings. Notwithstanding this amendment, 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", 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 2-4 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 accordance with Article X,
~!/~It,~ 2015,
Section 2(C) of the City Charter on the -3 day of
and ly PASSED and ~DOPTED this _"ay ay of 2015.
Barbara M. Christensen, City Recorder
Ordinance No. Page 2 of 3
SIGNED and APPROVED this,/ day ofi~~, 2015.
r~ Strombcrg, Mayor
Revie ed as to form-
e
David H. Lohman, City Attorney
Ordinance No. Page 3 of 3