ORDINANCE NO. 2956
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, SECTION 2.28.270, CITY ATTORNEY DUTIES.
WHEREAS, Ashland Municipal Code Chapter 2.28.270 is inconsistent with ORS 9.160 and 9.320, concerning the practice of law and the exception for peace officers in ORS 153.083; and
WHEREAS, the City wishes to amend the City of Ashland Municipal Code to make the code consistent with state law.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Amendment. Ashland Municipal Code Section 2.28.270 is hereby amended to read as follows:
2.28.270 City Attorney Ex Officio Duties.
With respect to criminal proceedings in the Municipal Court, the City Attorney shall be the Ex officio prosecuting attorney. Whenever the defendant is represented by an attorney on an infraction or violation, the City Attorney shall also prosecute the offense. In all other infraction or violation proceedings in the Municipal Court, the City Attorney shall consult and assist the enforcement officer involved.
SECTION 2: 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.
SECTION 3: Savings Clause. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement or other actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or actions commenced during the times said ordinance(s) or portions thereof were operative.
SECTION 4: Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4 ) need not be codified.
The foregoing ordinance was first read on the 15 day of April, 2008, and duly PASSED and ADOPTED this 6 day of May, 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this 7 day of May, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
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