HomeMy WebLinkAbout3022 Amending AMC 1.08 Repealing 10.104.010 & 11.04.010
ORDINANCE NO. '30.J.~
AN ORDINANCE AMENDING CHAPTER 1.08 OF THE ASHLAND
MUNICIPAL CODE, ESTABLISHING CLASSES OF OFFENSES, AND
REPEALlNc!AMC 10.104.010 AND AMC 11.04.010
Annotated to show oeletiens and additions to the code sections being modified. Deletions are
bold" ".L 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, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutiollal provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975); and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Section 1.08.010 [GENERAL PENALTY: Penalty Imposed] is hereby amended to
read as follows:
1.08.010. CENER.\L PENALTY Misdemeanor Penalties and Procedures, Penalty
Imposed.
A. Unless otherwise specifically provided, when the Ashland Municipal Code identifies
;jolation of its provisions as a 'misdemeanor or as subject to this section, any person violating
any provisions or failing to comply with any of the mandatory requirements of this code is guilty
of a Class B misdemeanor offense Imaximum $2500 fine and one hundred eil!hty (180) days
in iail]; provided however, while the limitations of Article 9, Section 1 of the Ashland City
Charter are operative, any Any person convicted of a misdemeanor under this code shall be
punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment not to
exceed sixty (60) days, or by both such fine and imprisonment. In addition to a fine and
incarceration, the Municipal Court may impose any additional punishment, probation or
remedial measure (e.l!, restitution) appropriate for the offense,
B. Each such person is guilty of a separate offense for each and every day during any
portion of which any violation of this code is committed, continued or permitted by any such
person, and shall be punished accordingly. The costs of prosecution. includinl! but not limited
Ordinance Amending AMC Chapter 1.08
Page 1 of6
to court costs. assessments, fees, surcharl!es. restitution. and the like, shall not be included
within the $500 fine limitation. The prosecution in Ashland Municipal Court of state law
misdemeanors and violations pursuant to ORS 221. 339 is not limited by the fine and
incarceration limitations of the city charter.
C. Adoption of State Criminal Laws and Procedures
(1) All criminal procedures, provisions and requirements applicable to violations and
misdemeanors, includinl! but not limited to Orel!on Evidence Code, (ORS Chapters 40 and
41), ORS Chapter 153 violations. defenses. burden of proof. l!eneral principles of criminal
liability. parties, and l!eneral principles of justification contained in Orel!on Revised
Statutes Chapters 131 throul!h and includinl! 167, as well as Chapters 471 throul!h 480 are
hereby adopted in full and made applicable to the municipal court.
(2) All misdemeanor and violation offenses and penalties described in ORS Chapters'
161. 162. 163. 164. 165.166 and 167. as well as offenses described in the Orei!on Vehicle
Code and ORS Chapters 33, 137. 153,471.475.476, and 480, are hereby adopted by
reference, When cited as a city ordinance violation, violation of an ORS section adopted by
reference is an offense al!ainst this city and shall be punishable to the same extent as
provided in the Code, Notwithstandinl! the above, nothinl! herein prohibits or restricts the
City police or City Attorney from electinl! to pursue a charl!e and prosecute defendants
with state law offenses in the name of the State of Orel!on pursuant to ORS 221. 339.
(3) Except where the context clearly indicates a different meaninl!, definitions appearinl! in
the l!eneral definitional and other particular sections of chapters adopted by subsections (1)
and (2) of this section are applicable throul!hout this chapter. Where appropriate.
references to "state" and "state statute" shall be deemed to also include "city" and "city
ordinances."
(4) The city police, city attorney, assistant city attorney. and municipal court, inclndinl! the
municipal court iudl!e, judl!es pro tem, court supervisor and deputy court clerks. shall have
all the powers. duties, and responsibilities provided under Orel!on Revised Statutes,
applicable to investil!ation, prosecution. administration, and adiudication of criminal
offenses and violations within the city of Ashland and on city-owned property as
applicable.
(5) The statutes, codes and procedures adopted herein are expressly made applicable
within the city limits of the city of Ashland as well as outside the city limits when
concerninl! offenses occurrinl! on city-owned or controlled property located outside the city
limits of the city of Ashland, Orel!on.
SECTiON 2: Section 1.08.020 is hereby amended to read as follows:
1.08.020 CENER4.L PENALTY Violation Penalties and Procedures Infraetions
Ordinance Amending AMC Chapter 1.08
Page 2 of6
A. Violation offenses in the Ashland Municipal Code shall be classified as either a Class
I, Class II. Class III or Class IV violations, Except for the minimum fine provisions of ORS
153.093, violations described in the Ashland Municipal Code as Class 1.11, III & IV shall be
applied and interpreted consistently with Class A. B. C & D violations as set forth in ORS
Chapter 153, Parkinl! violations are excluded from Classification and Base Fine
requirements. When not otherwise specified in the Ashland Municipal Code or in other
incorporated codes, the violation offense shall be a Class II violation, inclusive of violations
in codes incorporated by reference, The penalty for committinl! a violation offense shall be
as specified for the classification of the offense in the Schedule of Violation Penalties.
Section 1.08.030. [Table 11, or as otherwise specifically desil!nated in the Ashland
Municipal Code, Provided however. while the $500 dollar limitation of Article 9. Section 1
of the Ashland City Charter is operative, the fine portion of any monetarv oblil!ation
imposed by the Municipal Court for a City Ordinance offense. shall not exceed $500. In
addition. each and every day durinl! any portion of which any violation offense is
committed, continued or permitted by any such person or entity shall constitute a separate
violation subject to a separate fine and such person shall be punished accordinl!ly, The
costs of prosecution, includinl! but not limited to court costs, assessments. fees. charl!es,
surcharl!es. restitution, and the like, shall not be included within the $500 limitation. The
prosecution in Ashland Municipal Court of state law misdemeanors and violations
pursuant to ORS 221. 339 is not limited by the fine and incarceration limitations of the
Ashland City Charter.
B. Subiect to Charter limitations, and notwithstandinl! any other provision of the
Ashland Municipal Code, the Council hereby establishes a special corporate fine of twice
the amount of fine specified for an individual per class of offense in AMC 108,030 Table 1.
"Corporate" fines are imposed when the entity responsible for the offense is a corporation.
partnership, Limited Liability Company or other entity, not a real person. In addition to a
fine, the Municipal Court may impose additional punishment or remedial measure (e,l!,
restitution) appropriate for the violation offense.
..\ person who commits an infraction by ...iolating designated provisions of the f.shland
Municipal Code shall not suffer any disability or legal disadvantage based upon eon'/iction
of erime. The pcnalty for eommitting an infraetion shall be a fine not to exeeed $$00;,
hO'Il'ever, each and every day during any portion ofwhieh any infraetion is eommitted,
continued or permitted by any sueh person, is a sepHrate violation subjeet to a separate fine
of $500.00, and such person shall be punished accordingly. The trial of any infraetion shall
be by the Cout without a jury. The City of ..\shland shall have the burden of proying the
infraction by a prepooderaoee of the evidenee and the Defeodant may Dot be required to be
a witness in the trial of sueh iofraetioo. At any trial iovoh'ing an infraetion, the City
f.ttorney shall not appear unless the Defendant is represented by an attorney, further, at
any such trial, defense counsel shall not be pro'/ided at publie expcnse,
SECTiON 3: Section 1.08.030 is hereby added to read as follows:
1.08,030 Base Fines. Schedule of Violation Penalties
Ordinance Amending AMC Chapter 1.08
Page 3 of6
A. Base Fine, Pursuant to ORS 153.142, base fine calculations shall be consistent
with state law for all city ordinance violations and other violations subject to the
iurisdiction of the municipal court, except that City assessment. if any. shall be added to
the foundation amount in the same manner as state and county assessments are added to
the foundation amount and incorporated into the base fine. State, county and local
assessments and surcharl!es. if any, are added to fines. not deducted from them. A
reduction of a misdemeanor to a violation retains the appropriate state. county as well as
any city misdemeanor assessments,
B. Schedule of Violation Penalties. City ordinances offenses and other City violations
within the jurisdiction of the Municipal Court shall have the classifications and base fines,
noted on Table 1 below:
Table 1 Schedule of Violation Penalties**
Class I $720.00* $427.00 $472.00
Class II $360.00 $242.00 $287.00
Unclassified $360.00 $242.00 $287,00
Class III $180,00 $145.00 $190,00
Class IV $090,00 $097.00 $142,00
* Subject to Charter limitation on fine noted in AMC 1.08.020 the maximum fine must be
lowered to $500.00 fine, plus applicable state, county and city assessments and surcharl!es.
if any]
** These provisions do not apply l!enerally to Parkinl! Offenses unless specified in the
AMC,
SECTION 4: Section 1.08.040 is hereby added to read as follows:
1.08.040 Violation Trial
A. The trial of any violation offense shall be by the Court without a jurv.
B. The City of Ashland shall have the burden of provinl! the violation offense by a
preponderance of the evidence and the Defendant may not be required to be a witness in
the trial of such violation offense.
C, At any trial involvinl! a violation offense. the City Attorney shall not appear unless
the Defendant is represented by an attorney. or unless the City Attorney is l!ranted leave of
the Court to appear, Further. at any such violation trial, defense counsel shall not be
provided at public expense.
Ordinance Amending AMC Chapter 1.08
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D, Consistent with ORS 153.083. in any trial of a violation offense. whether created by
ordinance or statute. in which the City Attorney is prohibited from appearinl!, the City
police officer or code compliance officer who issued the citation for the offense is
specifically authorized by law to present evidence. examine and cross-examine witnesses
and make arl!uments relatinl! to: '
(1) The application of statutes and rules to the facts in the case;
(2) The literal meaninl! of the statutes or rules at issue in the case:
(3) The admissibility of evidence: and
(4) Proper procedures to be used in the trial.
E. Except as expressly provided above. only a person who is currently licensed to
practice law in the State of Orel!on by the Orel!on State Bar is permitted to represent
another person or entity in Ashland Municipal Court.
F. A person who commits a violation offense by violatinl! desil!nated provisions of the
Ashland Municipal Code shall not suffer any disability or lel!al disadvantal!e based upon
conviction of crime.
SECTION 5: Section 1.08.050 is hereby added to read as follows:
1.08.050 Remedies - Non-Exclusive
The ril!hts, remedies, and penalties provided in this Chapter are cumulative, are not
mutually exclusive, and are in addition to anv other ril!hts. remedies and penalties
available to the City under any other provision of law. includinl! specifically criminal
prosecution.
SECTION 6. Substitntion of Terms, The City Recorder is expressly authorized to substitute
the term "violation" or "violation offense" and plurals thereof, as appropriate, for the term
"infraction" and plurals thereof, throughout the entire Ashland Municipal Code, to correctly
reflect terminology used to describe non-criminal offenses.
SECTION 7. Tables of Offenses. The City Recorder is expressly authorized to create tables
for each chapter of the' Ashland Municipal Code listing the offenses contained in each Chapter
by name, citation and classification. The tables may be codified in a location determined by the
City Recorder.
SECTION 8. Repeal. Subject to Section 10 below, Ashland Municipal Code Section
10.104.010 [Adoption of State Criminal Law and Procedures] and Ashland Municipal Code
Section 11. 04.0 1 0 [Adoption of Vehicle Code] are hereby repealed.
SECTION 9. 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.
Ordinance Amending AMC Chapter 1.08
Page 5 of6
SECTION 10. 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 11. 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 6 thru 11, unincorporated Whereas clauses and boilerplate provisions need
not be codified. '
The foregoing ordinance was first read by title omy i. =O~id" X,
Section 2(C) of the City Charter on the ,).0 day of ,2010,
and dul PASSED and ADOPTED this -3 day of ,2010.
~~.
Barbara Christensen, City Recorder
SIGNED and APPROVED this ---L-day of tl'tt~ ,2010.
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