HomeMy WebLinkAbout3024 Amending AMC Chapter 6
ORDINANCE NO. 30.:2Y
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 6, BUSINESS LICENSES AND
REGULATIONS, AND REMOVING UNNECESSARY REGULATIONS
I\nnotated to show aeletions 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. City 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 6.04.115 [Business License Tax - Consumer Protection - Revocation] is
hereby amended to read as follow:
6.04;115 Consumer Protection-Revocation
Any individual or firm against whom ajudgrnent is entered for fraud io a eommereial
setting for profit related to the business for which the license is issued, or which
occurred within five (5) years preceding the date of application, shall be subject to deni{j
or revocation of a license to conduct business within the City of Ashland upon petition
for re...oeation thereof being duly filed in the Munieipal Cout and good and
sufficient eause appearing therefore, Denial and or Revocation are subiect to the
appeal process of AMC 2.30.
Ordinance Amending Chapter 6
Page 1 of5
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SECTION 2: Section 6.04.150 [Business License Tax - Penalties] is hereby amended to read as
follow:
6.04.150 Penalties
.4.ny person yiolating any provisions ofthis Chapter is upon eon'/ietion thereof,
punishable as pro'iided in Seetion 1.08.020 relating to infraetions. Eaeh day any
person shall eontinue 'iiolating the provisions of this Chapter shall eonstitute a
separate offense.
A. Violation of AMC 6.04.030 rOperatinl! business without license! in accordance
with this Chapter shall be considered a Class I violation, subject to the limitations of
AMC 1.08.
B, Any violation of the requirements of this chapter, not addressed in A above. shall .
be a Class III violation as defined by AMC 1.08 and punishable as set forth in that
section.
SECTION 3 Section 6.04.170 [Business License Tax - Confidentiality] is hereby amended to
read as follow:
6.04.170 Confidentiality
A.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 or
employee information submitted or disclosed to the City under the terms of this
Ordinance. Nothing in this Section shall prohibit:
A, -1-. The disclosure of the names and addresses of any persons to whom
business licenses have been issued; or
B. ~. The disclosure of general statistics in a form which would prevent the
identification of financial or employee information regarding an individual
business licensee or applicant; or
C. ,;. Presentation of evidence to the court, or other tribunal having
jurisdiction in the prosecution of a claim by the Finance Department: or
D. The disclosure of information when such disclosure of conditionally
exempt information is ordered under public records law procedures: or
E. The disclosure of records related to a business's failure to report and
remit the business license tax when the report or tax is in arrears for over six
months. The City Council expresslv 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 4: Section 6.04.190 [Business License Tax - Appeals] is hereby amended to read as
follow:
6.04.190 Appeals
Any person aggrieved by any determination of the Director of Finance with respect to the
amount of such tax, interest, and penalties"if any, may appeal pursuant to AMC 2.30.
to the City Couneilby filing within fifteen (IS) days of the serving or mailing of the
determination of tax due, The Couneil shall fix a time and plaee for hearing sueh
Ordinance Amending Chapter 6
Page 2 of5
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appeal, and the .\dministrator shall gi":e fi'ie (5) days notiee in writing thereof, to
sueh Jlerson at the last known address. The Findings ofthe Hearinl!s Officer Couneil
shall be final and conclusive, and shall be served upon the appellant, in the manner
prescribed above for the service of notice of hearing. Any amount found to be due shall
be immediately due and payable upon the service of notice.
SECTION 5: Section 6.16.095 [Pawnbrokers and Secondhand Dealers - Pledges from minors
prohibited] is hereby added I relocated to read as follows:
6,16,095 Pledl!es from minors prohibited
Under no circnmstances shall any pawnbroker, dealer in junk, or secondhand
dealer in the City purchase. or receive on deposit. or take as a pledl!e. any l!oods.
wares, or merchandise, when the same are offered for sale, deposit. or pledl!e, by
any minor.
SECTION 6: Section 6.16.100 [Pawnbrokers and Secondhand Dealers - Penalties] is hereby
amended to read as follows: -
6.16.100 Penalties
A. Any violation of the provisions ofthis Chapter shall be a Class II violation. Any
person violating any of the pro'/isions of this Chapter is punishable as prescribed in
Section 1.08.020.
B. Notwithstandinl! the above. violation of the prohibition on takinl! pledl!es from
minors in AMC 6,16,095 shall be a Class I violation, Under no eireumatanees shall
any pawnbrol,er, dealer in junl(, or seeondhand dealer in the City purehase, or
reeeive on deposit, or take as a pledge, any goods, wares, or merehandise, when the
same are offered for sale, deposit, or pledge, by any minor.
SECTION 7: Section 6.28.170 [Taxicab Certification - Violation-Penalty] is hereby amended to
read as follow:
6,28,170 Violation - Penalty
Any violation of the provisions of this Chapter shall be a Class II violation.
punishable as prescribed in Section 1.08.020. .4.ny Person that violates any
provision of this Chapter through its operation of a taxieab serviee from points
originating within the City of Ashland shall be deemed guilty of a separate violation
O&-eEach and every day or portion thereof during which the violation is committed,
continued or permitted, and upon conviction of any such violation, the Person shall be
punished as preseribed in .4.MC 1.08.010.
SECTION 8: Section 6.30.140 [Tour Bus and Special Vehicles - Violation] is hereby amended
to read as follow:
6,30.140 Violation - Penalty
Each operation of a tour bus or special vehicle in violation of this section is a separate
violation, whether the prohibited operations occur within the same day, different days, or
relate to the same or different tour bus or special vehicle. A violation of any provision of
this chapter is a Class II violation and shall be punished as set forth in AMC 1.08.020.
Ordinance Amending Chapter 6
Page 3 of5
SECTION 9: Section 6.36.130 [Motion Picture - Radio Television Productions - Violation] is
hereby amended to read as follow:
6.36.130 Violation
Violation of the proyisions of this Chapter is determined to be an infraction and
ma-y be punishable as speeified in Seetion 1.08.020 of this Code.
A, Violation of AMC 6.36.020 IPermit ReQuiredl shall be considered a Class I
violation, subject to the limitations of AMC 1.08.
B. Any violation of the requirements of this chapter. not addressed in A above,
incIudinl! violation of permit conditions. shall be a Class In violation as defined by
AMC 1.08 and punishable as set forth in that section.
SECTION 10: Section 6.40.180 [Emergency Medical Services - Penalties] is hereby amended
to read as follow:
6.40.180 Penalties
A. In addition to any other procedures and remedies provided by law, any person
violating any section within this chapter shall be guilty of a Class I violation infraetion
as set forth in section 1.08.020 exeept that the penalty shall be a fine not to exeeed
$1,000.
B. Each and every day during any portion of which a violation of any section ofthis
chapter is committed, continued or permitted by any such person, is.a separate violation
subject to a separate fine of $1,000 and such person shall be punished accordingly.
SECTION 11: Section 6.42.100 [Tobacco Control - Penalties] is hereby amended to read as
follow:
6,42,100 Penalties
A. Any person who violates any provision of this chapter, other than seetion
6.12'()]0, shall be subject to a fine as a Class I violation, and may ill' have B the license
issued under this Chapter suspended as follows:
1. fa the ease of a find \'ielatiaa \vithio two years, the Iieeasee shall he fined
$200.00 and shall be notified in writing of penalties to be levied f~r further
violations.
2. In the case of a second violation within a two year period, the licensee shall be
fined not less than $350.00 and the license suspended for 45 days.
], 1. In the case of three or more violations within a two year period, the
licensee shall be fined $500.00 and the license revoked. Any person whose license has
been revoked shall be ineligible to apply for a new license, at any location, for six months
after the effective date of the revocation.
B. Any person who violates section 6.42.030 shall be subject to a fine of $500.00 for
Ordinance Amending Chapter 6
Page 4 of5
each day a violation occurs.
C. License suspensions are subject to appeal pursuant to AMC 2.30. Failure to
pay a fine levied under this ehapter within 30 days of the date set by the eout shall
result in the suspension of the Iieense until sueh fines .are paid.
SECTION 12, 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 13. 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 12 and 13) 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 acco
Section 2(B) of the City Charter on the ,:2() day of
and y PASSED an~DOPTED this -.:3 day of
t:bvw~
Barbara Christensen, City Recorder
~ day of
ance with Article X,
,2010,
,2010.
SIGNED and APPROVED this
~
,2010.
'..
,
Ordinance Amending Chapter 6
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