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HomeMy WebLinkAboutCouncil Resolution 860RESOLUTION N0. ~(pQ A RESOLUTION AUTHORIZING THE POSTING OF SIGNS GIVING NOTICE OF DOtTBLING OF FINES FOR TRAFFIC OFFENSES IN SCHOOL ZONES Recitals 1. ORS 810.245 authorizes road authorities to post signs designed to give motorists notice that the fines for certain traffic offenses occurring in school zones will be doubled. 2. ORS 811.235 provides that if such signs are posted, the fine for a person convicted of certain traffic offenses listed in ORS 811.235 shall be double the amount established for the same offense occurring outside of a school zone. 3. The Central Point City Council is the road authority for the City of Central Point, and it wishes to authorize the posting of signs pursuant to the above-mentioned state statutes. Now, therefore; IT IS HERESY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. Signs designed to give motorists notice of the doubling of fines for traffic offenses in school zones shall be posted in all school zones in the city, pursuant to ORS 810.245. Section 2. The fine portion of the bail amounts for traffic offenses occurring in a school zone in Central Point shall be consistent with the provisions of ORS 811.235, a copy of which is attached hereto, marked Exhibit "A", and by this reference incorporated herein. Approved by me this ~~~ RESOLUTION N0. ~Q (112399) day f G~QCeMIE1e.(" 1999. ` ~~ yor Bill Walton Passed by the Council and signed by me in authentication of SCHOOL ZONE PENALTIES 811.23b Fine or bail for traffic offenses in school. zones. (1) If signs authorized by ORS 810.245 are posted, the bail or fine for a person charged with or convicted of a traffic offense that occurs in a school zone shall be at least the amount established by the Supreme Court pursuant to subsection (2) of this section. (2) In establishing minimum bail amounts under ORS 1.520 far traffic offenses that oc- cur in a school zone, the Supreme Court shall: (a) Double the fine portion of the bail amount established for the same offense oc- curring outside of a school zone; and (b) Add the amount of the unitary as- sessment under ORS 137.290 and the amount of the county assessment under ORS 137.309 that are appropriate to the fine portion of the bail amount for the offense if the offense occurs outside of a school zone. (3) This section applies to the following offenses if committed in a school zone: (a) Class A or Class B traffic infractions. {b) Class C or Class D traffic infractions related to exceeding a legal speed. (c) Major traffic offenses as defined in ORS 153.500. (4} A court shall not waive, reduce or suspend the amount of bail or fine required by this section. (5) For purposes of this section, a traffic offense occurs in a school zone if the offense occurs while the motor vehicle is passing school grounds or a school crosswalk, notice of the grounds or crosswalk is indicated plainly by traffic control devices conforming to the requirements established under ORS 810.200 and posted under authority granted by ORS 810.210 and: (a) Children are in a place where They are or should be visible to a person operating a motor vehicle that is passing school grounds or a school crosswalk; or (b} A flashing light used as a traffic con- trol device and operated under ORS $11.106 indicates that children may be arriving at or leaving school. (6) As used in this section, "the fine por- tion of the bai] amount" means the total bail amount established b}~ the Supreme Court under ORS 1.520 for a particular offense mi- nus the amount of the unitary and county assessments. [1ss~ c.s82 §3l EXHIBIT "A"