City of Springfield, OR GENERAL PENALTIES

(1)

The city of Springfield adopts and incorporates by reference herein the Oregon Revised Statutes in regards to jail terms for misdemeanors. Therefore, pursuant to the ORS, sentences for misdemeanors shall be for a definite term. The court shall fix the term of imprisonment within the following maximum limitations:

(a)

For a Class A misdemeanor, three hundred and sixty four days;

(b)

For a Class B misdemeanor, six months;

(c)

For a Class C misdemeanor, 30 days; and

(d)

For unclassified criminal misdemeanor offenses as provided by the following; if no specific statutory penalty in the ORS is provided for, therefore the misdemeanor is unclassified pursuant to the ORS or Springfield Municipal Code, 30 days.

(2)

Fines for Misdemeanors.

(a)

A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount fixed by the court, and not exceeding:

(i)

$6,250.00 for a Class A misdemeanor;

(ii)

$2,500.00 for a Class B misdemeanor;

(iii)

$1,250.00 for a Class C misdemeanor.

(b)

A sentence to pay a fine for an unclassified criminal offense shall be a sentence to pay an amount not exceeding $1,250.00.

(3)

Non-criminal offenses or violations of the Springfield Municipal Code or any other ordinance of the city shall be punished by a fine not exceeding $720.00. No jail sentence shall be awarded for convictions of a non-criminal offense or violation.

(4)

An offense described in the Springfield Municipal Code that is designated as a violation but does not specify the classification of the violation is an unclassified violation. The presumptive fine for an unclassified violation is the same amount as the presumptive fine for a Class B violation under the Oregon Revised Statutes.

(5)

Every day a violation of this code or any other ordinance of the city continues shall constitute a separate offense.

(6)

In all cases involving a bail forfeiture or conviction of sections 5.404, 5.418, 5.420, 5.422, 5.428, 5.448, 5.450 or 5.456 of this code may additionally:

(a)

Order the animal be impounded and destroyed; and

(b)

Order the owner of the animal to pay all fees and costs for impoundment, daily care, medical care and destruction.

(7)

In all cases involving a bail forfeiture or conviction of sections 5.406, 5.408, 5.410, 5.412, 5.414 or 5.416 of this code, the court may additionally:

(a)

Order the farm animal or livestock be impounded and either sold in a manner acceptable to the court, or be destroyed; and

(b)

Order the owner of the farm animal or livestock to pay all fees and costs for impoundment, daily care, medical care, licenses, vaccinations and either destruction or sale; and

(c)

All proceeds of sale shall be applied first to the fees and costs identified in subsection (6)(b) of this section, and then to any fines or other assessments imposed pursuant to this section. The excess proceeds of sale, if any, shall be refunded to the defendant.

(8)

In all cases involving a bail forfeiture or conviction of section 5.476 of this code, the court may additionally:

(a)

Order the exotic animal or wildlife be impounded and either destroyed or forfeited and delivered to the Oregon Department of Fish and Wildlife or any zoo acceptable to the court if said zoo is willing to accept and keep the exotic animal or wildlife without charge to the city; and

(b)

Order the owner of the exotic animal or wildlife to pay all fees and costs for impoundment, daily care, medical care, permits, licenses and vaccinations prior to destruction or delivery to the Oregon Department of Fish and Wildlife or to the zoo, and in the case of delivery to the Oregon Department of Fish and Wildlife or a zoo, the court may also order the defendant to pay the costs of transporting the wildlife or exotic animal to the Oregon Department of Fish and Wildlife facility, or to the zoo.

[Section 1.205 amended by Ordinance No. 6170, enacted May 15, 2006; further amended by Ordinance No. 6397, enacted February 4, 2019]