HomeMy WebLinkAbout3143 Amending 1.08 General Penalties i
ORDINANCE N0. ~ I ~ 3
AN ORDINANCE AMENDING AMC CHAPTER 1.08 GENERAL
PENALTIES, SECTION 1.08.005F TO REFLECT PRIOR AMENDMENT
TO AMC 10.120.020 PERSISTENT VIOLATION
Annotated to show ~°1u~ivrrsand 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 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, Council amended AMC Chapter 10, Section 10.120.020 on November 17, 2015 to
address the problems of persistent violations of law in the downtown area and persistent failure
to appear in court, by adding two persistent violation; and
WHEREAS, effectuating the new ordinance on Persistent Violation and Persistent Failure to
Appear, requires across-reference update of those persistent violations in AMC Chapter 1.08.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1.08 General Penalties of the Ashland Municipal Code is hereby
amended to read as follows:
1.08.005 Code Compliance Officers
F. Default /Criminal Charges / Warrantl Presumptive Arrest
(1) Failure to appear on a violation citation may result in a default judgment,
criminal prosecution for failure to appear [See ORS 153.992, ORS 133.076], a
Court order to show cause for Contempt, as well as issuance of an arrest warrant.
(2) Notwithstanding F(1) above, court appearance is mandatory for the following
violations occurring within an Enhanced Law Enforcement Area as provided in
AMC 10.120.020:
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; a~
e. AMC 10.40.040--Open Container of Alcohol in Public;
f. AMC 9.16.015 - Doi License Required; or
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ORS 475B.280 -Use of marijuana in public place prohibited.
SECTION 2. Savings. Notwithstanding this amendment/repeal, 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", "chapter" 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,
Section 2(C) of the City Charter on the (r day of I , 2017,
and duly PASSED and ADOPTED this 1 ~ day of , 2017.
d'1~G~.
Dana Smith, City Recorder Assistant
SIGNED and APPROVED this ~ ~p day of l~. , 2017.
Stro erg, Mayor
Reviewed as to form:
r~~ r ~
Da . hman, City A rn y
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