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Ordinance 1987COUNCIL BILL N0. 1052 ORDINANCE N0. 1987 AN ORDINANCE DESCRIBING MUNICIPAL OFFENSES, PROVIDING PENALTIES, REPEALING ORDINANCE NO. 1886, AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Adoption of the Oregon Criminal Code. The Oregon Criminal Code (hereinafter ORS 133.075, ORS Chapter 475, and ORS Chapters 161, 162, 163, 164, 165, 166, and 167, as it is now constituted) is hereby adopted by the City of Woodburn. Provisions of the above-mentioned chapters relating to defenses, burden of proof, general principles of criminal liability, parties, and general principles of justification apply to offenses defined and made punishable by this ordinance. Section 2. Violation of Code as City Offense. Violation of any provision adopted in section 1 of this ordinance, except where an offense is classified under state la~v as a felony or where a court other than a municipal court is vested with exclusive jurisdiction, constitutes a municipal offense against the City of 6oodburn. Section 3. Jurisdiction of the Municipal Court. The t~oodburn Punicipal Judge, pursuant to the L~oodburn City Charter, Oregon law and the home rule authority of the City of Woodburn, is given original and exclusive jurisdiction over any alleged violation of this ordinance. Section 4. Penalty for Violation. Upon finding that an offense has been committed under this ordinance, the ~doodburn Punicipal Judge shall impose a penalty not to exceed the penalty provided by state law as it is now constituted. Page 1 - COUPJCIL BILL NO. 1052 ORDINANCE N0. 1987 Section 5. Severability. Each portion of this ordinance shall be deemed severable from any other portion. The unconsti'cutionality or invalidity of any portion of this ordinance shall not invalidate the remainder of this ordinance. Section 6. Repeal and Saving Clause. (1) Ordinance No. 1886, as amended, is hereby repealed. (2) Not~vithstanding subsection (1) of this section, Ordinance No. 1886 shall remain valid and in force for the purpose of authorizing the arrest, prosecution, conviction, and punishment of a person ~vho violated Ordinance PJo. 1886 prior to the effective date of this ordinance. Section 7. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist, and this ordinance shall take effect immediately upon passage by the Council and approval by the P•layor. Approved as to farm: '~~~~ H. P~~ City Attorney Date ' Passed b,y the Council Submi t;ted to the flayor Approved by the P1ayor .-,.,R , r,,. APPROVED4`~ ,1.~ j.~~;~.f .F~f ~.•r.~°..~.- r fJA'NCY A. RKSEY, f?AYOR December 28, 1987 December 29, 1987 December 29, 1987 Filed in the Office of the Recorder December 29, 1987 ATTEST: >.,,1,, r , e) ~~ ,~J.~ ~~.~ RNEYS, RECORDER City of bJoodburn, Oregon Page 2 - COUNCIL BILL N0. 1052 ORDINANCE Na.1987