(1) Discharge
of a Firearm.
(a) As
used in this section, the term “firearm” means a dangerous
weapon, by whatever name known, which is designed to expel a projectile
by the action of powder and which is readily capable of use as a weapon.
(b) No
person shall discharge any firearm within the city limits, at or in
the direction of any person, building, structure or vehicle within
the range of the weapon without having legal authority for such discharge.
No such discharge may be made whether or not the firearm is loaded
with blank or live cartridges or projectiles of any kind, except as
provided herein. This subsection shall not apply to the discharge
of firearms on any target trap or skeet range, paint ball facility,
or shooting area which has been approved by the city or to the discharge
of guns where necessary to protect life or property or to kill any
dangerous animal, or to the discharge of firearms by any person in
a private basement or cellar target range, or to any duly authorized
peace officer acting in the proper performance of the officer’s
official duties, or to the discharge of blank cartridges in theatrical
performances or sporting events, or to the firing of salutes by honor
guard at military funerals or memorials.
(c) Unlawful
discharge of a firearm under this section of the Springfield Municipal
Code is considered an A misdemeanor for sentencing purposes.
(2) Discharge
or Unlawful Use of a Dangerous Weapon.
(a) As
used in this section, the term “dangerous weapon” means
any weapon, device, instrument, material or substance which under
the circumstances in which it is used, attempted to be used or threatened
to be used, is readily capable of causing death or serious physical
injury.
(b) No
person shall discharge or use any dangerous weapon as described in
subsection (2)(a) of this section within the city at or in the direction
of any person, building, structure or vehicle within the range of
the dangerous weapon without having legal authority for such discharge
or use. This subsection shall not apply to the discharge of dangerous
weapons on any target trap or skeet range, paint ball facility, archery
range or shooting area which has been approved by the city including
officially conducted and sponsored activities at public school facilities
and Willamalane facilities. Furthermore, this subsection shall not
apply to the discharge or use of dangerous weapons: where necessary
to protect life or property or to kill any dangerous animal, or to
discharge by any person in a private basement or cellar target range,
or to any duly authorized peace officer acting in the proper performance
of the officer’s official duties, or to the discharge of blank
cartridges in theatrical performances or sporting events, or to the
firing of salutes by honor guard at military funerals or memorials.
(c) Unlawful
discharge or use of a weapon under this section of the Springfield
Municipal Code is considered a C misdemeanor for sentencing purposes.
[Section 5.118 amended by Ordinance No. 6167, enacted May 15, 2006]
No person shall keep or leave open any cellar door or grating of any kind in or upon the sidewalk, except when the same is necessarily open during the immediate use thereof. During such time, the opening shall be properly guarded and protected. The above offense is punishable as a violation and may include a fine not exceeding $720.00 pursuant to SMC section
1.205[Section 5.120 amended by Ordinance No. 6169, enacted May 15, 2006]
No owner, lessee, or occupant of any building or structure shall permit rainwater, ice, or snow to fall from the building or structure upon any street or alley or sidewalk or to flow across any such sidewalk, the owner, lessee, or occupant shall at all times maintain, in a proper state of repair, adequate drainpipes or a drainage system sufficient to carry to the street gutter or to a storm sewer any overflow water accumulating on the roof or about the building. The above offense is punishable as a violation and may include a fine not exceeding $720.00 pursuant to SMC section
1.205.
[Section 5.122 amended by Ordinance No. 6169, enacted May 15, 2006]
The owner, lessee, occupant, or person having the control or
custody of any premises or unimproved property shall remove all snow
or ice that has fallen or has accumulated upon the sidewalks abutting
upon the premises or property within two hours after the snow or ice
has ceased to fall. If the snow is falling or the ice accumulating
after the hour of 6:00 p.m., however, the snow or ice shall be removed
within two hours after it ceases to fall or within two hours after
7:00 a.m. on the next succeeding day, whichever two-hour period is
the later.
No person shall ride a horse, motorcycle, or any other vehicle in a public park, including roads and parking lots, or upon public school property except upon trails, roadways or places specifically marked and designated for such use. Horses, motorcycles or motor vehicles shall not be left or parked in a public park or upon public school property except upon a roadway, parking area or lot or place designated by signs provided thereof. The above offense is punishable as a violation and may include a fine not exceeding $720.00 pursuant to SMC section
1.205.
[Section 5.126 amended by Ordinance No. 6169, enacted May 15, 2006]
(1) As used
in this section, the terms “slugging and stabbing weapons”
include metal knuckles, or an instrument or weapon having a blade
which projects or swings into position by force of a spring, gravity,
or other device, and commonly known as a switchblade knife, or any
instrument or weapon commonly known as a nanchuka, shuriken, blackjack,
sap or sap glove.
(2) No person
shall sell, give, loan, carry or possess a slugging or stabbing weapon.
The foregoing shall not apply to any sworn police officer.
(3) When it appears to the court that subsection
(2) of this section has been violated, in addition to other penalties and remedies, the court shall, upon motion by the city attorney, cause the slugging or stabling weapon to be destroyed.
(4) The offenses specified in subsections
(1),
(2) and
(3) are punishable as violations and may include a fine not exceeding $720.00 pursuant to SMC section
1.205.
[Section 5.128 amended by Ordinance No. 6169, enacted May 15, 2006; further
amended by Ordinance No. 6396, enacted February
4, 2019]
(1) Definitions.
To “camp” or the act of “camping”
means to pitch, use, or occupy camp materials or a camp for
the purpose of occupancy, habitation, or sheltering for survival,
and in such a way as will facilitate sleeping or storage of personal
belongings, carrying on cooking activities, taking measures to keep
protected from the elements including heat and cold, or any of these
activities in combination with one another or in combination with
either sleeping or making preparations to sleep. A “camp”
is a location where people camp or are camping.
“Camp materials”
may include, but are not limited to, tents, huts, awnings,
lean-tos, chairs, tarps or tarpaulins, cots, beds, sleeping bags,
blankets, mattresses, sleeping or bedding materials, food or food
storage items, and/or similar items that are or appear to be used
as sheltering, habitation and/or sleeping accommodations, or to assist
with sheltering, habitation and/or sleeping activities.
“Established campsite”
means a location or locations in the public right-of-way
or on city property where a camp, camps, and/or camp materials have
been set up for 24 hours or more. Note: “camp,” “camping,”
“camp materials,” and “established campsite”
do not include vehicles or recreational vehicles used for shelter
and/or sleeping, which are regulated under Chapter 6 of this code.
“City property”
means all real property, land and public facilities owned,
leased (either to the city or by the city), controlled, or managed
by the city of Springfield, including parking lots.
(2) Time
Restriction. Unless specifically provided otherwise in this code,
no established campsites are permitted.
(3) Place
Restrictions.
(a) It
is prohibited at all times for any person to use city property to
camp or for camping or for the purpose of occupancy, habitation, or
sheltering for survival, provided that the city manager may, in their
discretion, designate certain city properties or portions of properties
as areas where camping or sleeping may be allowed on a limited basis,
and may set the terms and conditions of any camping or vehicle use
that may be allowed.
(b) In
addition to the prohibition on camping on city property in subsection
(3)(a) above, camping is not allowed at any time in any of the following
places:
(i) Any area zoned Residential (R-1, R-2, R-3) on the City of Springfield
Zoning Map in effect at the time;
(ii) Within the downtown exception area as defined in Section
6.1.100 of the Springfield Development Code;
(iii) Within the riparian corridor of a water quality limited watercourse
or tributary, as determined by the water quality limited watercourse
map and the Springfield Development Code;
(iv) Within any stormwater quality facility as shown on or approved by
any land decision or development permit;
(v) Any place where camping, a camp, or camp materials create a physical
impediment to emergency or non-emergency ingress, egress or access
to property, whether private or public, or on public sidewalks or
other public rights-of-way, including, but not limited to, driveways
providing access to vehicles, and entrances or exits from buildings
and/or other real property;
(vi) Any vehicle lane, bicycle lane, or roundabout within any public right-of-way;
(vii) Within 1,000 feet from any temporary emergency shelter approved under sections
8.010 or
8.012 of this code or other shelter approved under the Springfield Development Code and/or any applicable provision of state law;
(viii)
On any street or public right-of-way that the city has closed
to camping due to construction, heavy vehicle use, or other use of
the roadway that is incompatible with camping in the right-of-way.
The city does not need to close a street to vehicle traffic to close
a street to camping under this section;
(ix) In any public park or multi-use path.
(4) Manner
Regulations. Camping, when and where allowed, is subject to all of
the following requirements:
(a) Individuals,
camp materials, camps or personal property may not obstruct sidewalk
accessibility or passage, clear vision, fire hydrants, city or other
public utility infrastructure, or otherwise interfere with the use
of rights-of-way for vehicle, pedestrian, bicycle or other passage;
(b) Individuals
may not accumulate, discard or leave behind garbage, debris, unsafe
or hazardous materials, or other items of no apparent utility in public
rights-of-way, on city property or any adjacent public or private
property;
(c) Individuals
may not have open flames, recreational fires, bonfires or burn garbage
or other material;
(d) Dumping
of gray water (i.e., wastewater from baths, sinks, and the like) or
black water (i.e., sewage) into any facilities or places not intended
for gray water or black water disposal is prohibited. This includes,
but is not limited to, storm drains, which are not intended for disposal
of gray water or black water;
(e) Unauthorized
connection or taps to electrical or other utilities, or violations
of building, fire or other relevant codes or standards, are prohibited;
(f) Obstruction
or attachment of camp materials or personal property to fire hydrants,
utility poles or other utility or public infrastructure, fences, trees,
vegetation, vehicles or buildings is prohibited;
(g) Individuals
may not build or erect structures, whether by using plywood, wood
materials, pallets, or other materials. Items such as tents and similar
items used for shelter that are readily portable are not structures
for the purposes of this section;
(h) Storage
of personal property such as vehicle tires, bicycles or associated
components (except as needed for an individual’s personal use),
gasoline, generators, lumber, household furniture, combustible materials
is prohibited, other than what is related to camping, sleeping or
keeping warm and dry.
(5) Enforcement.
(a) The
city manager is specifically authorized to modify or suspend enforcement
of any section or element of this section in the event of a declared
emergency, pursuant to administrative rules or polices, weather conditions
or any other reason within the city manager’s authority regardless
of whether an emergency has been declared.
(b) The
city manager may adopt administrative rules or policies governing
or governing enforcement of the chapter, including, but not limited
to, ensuring consistent and appropriate enforcement for various circumstances.
(c) The offenses specified in subsections (1), (2), (3) and (4) of this section are punishable as violations and may include a fine not exceeding $720.00 pursuant to SMC section
1.205.
[Section 5.130 added by Ordinance No. 6459, enacted June 5, 202]
(1) Due
to the present density and volume of pedestrian and vehicle traffic
within the area specified in this section, skateboard, skate, or in-line
operation or riding presents a danger to pedestrians and motorists
as well as skateboard, skate or in-line skate operators or riders.
Further, the operation or riding of skateboards, skates or in-line
skates damages wood and concrete surfaces on public and private improvements,
decreases the useful life of such public and private improvements,
and increases the maintenance cost of the improvements.
(2) A skateboard
is a board of any material, natural or synthetic, with wheels affixed
to the underside, designed to be ridden by a person and propelled
by human power. An in-line skate is a shoe of any material, natural
or synthetic, with wheels in a row affixed to the underside, designed
to be worn by a person and propelled by human power. A skate is a
shoe or attachment to a shoe of any material, natural or synthetic,
with wheels affixed to the underside, designed to be worn by a person
and propelled by human power.
(3) No person
shall operate or ride a skateboard, skates or in-line skates within
the rectangular area bounded by the west sidewalk adjacent to North
7th Street, the South sidewalk adjacent to B Street, and the East
sidewalk adjacent to North 5th Street, and the North sidewalk adjacent
to Main Street.
(4) Police officers may issue a citation for a violation of this section. Except as specified in subsection
(5), any person found to be in violation of subsection
(4) is subject to a $50.00 fine.
(5) If a
willful violation of this section occurs, a citation may be issued
by the officer. A willful violation is a violation that occurs within
12 months of a previous violation. Any person found to have committed
a willful violation is subject to a $100.00 fine.
(6) Nothing
in these regulations prohibits the service of complaints by police
officers. If a violator is arrested or issued a citation in lieu of
custody by a police officer, the officer’s report shall be promptly
forwarded to the city prosecutor for a determination as to issuance
of the complaint.
(7) After
a complaint has been filed and served on the defendant, all subsequent
proceedings shall be in accordance with the rules and procedures of
the municipal court or the Lane County Juvenile Court, as appropriate.
(8) Persons
18 years of age and older will be cited to the Springfield Municipal
Court. Persons who have not yet attained the age of 18 years will
be referred to the Lane County Juvenile Court.
(9) In addition to the fines specified in subsections
(4) and
(5), any person found to be in violation of this section shall also be subject to an assessment of an amount equal to the cost to repair the damages, if any, caused by the skateboard, skates or in-line skates operation or riding.
[Section 5.132 amended by Ordinance No. 5950, enacted January 18, 2000]
(1) City
Hall employees shall be allowed to store and possess a bicycle in
the areas above street level at City Hall.
(2) Employees
who store and possess a bicycle in the areas above street level at
City Hall shall not operate their bicycles inside City Hall.
(3) Employee
bicycles shall be stored in designated storage areas and shall not
impede normal pedestrian traffic flow patterns or fire exits.
(4) No other
persons shall operate, ride or possess a bicycle in the areas above
street level at City Hall.
(5) The above offense is a civil infraction pursuant to the Springfield Municipal Code and punishable pursuant to SMC sections
5.600 to
5.626.
[Section 5.134 added by Ordinance No. 5954, enacted January 18, 2000; amended
by Ordinance No. 6169, enacted May 15, 2006; further amended by Ordinance No. 6452, enacted November 7, 2022]