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I I � I FELONIES We recommend that the city, in order to avoid double jeopardy problems, not punish conduct that constitutes a felony. See Waller v. Florida 397 U.S. 387 (1970), holding that a state is barred by the double jeopardy clause of the U.S. Constitution from prosecuting for the same crime for which the defendant was previously prosecuted by any political subdivision of the state. Each provision of the Code or later ordinances constituting a felony is separately noted in this memorandum. REARRANGEMENT OF CODE ' We recommend reorganization of the Code following the Tentative Table of Contents that accompanies this memorandum. Such arrangement will not be discussed further in this memorandum unless the transfer of material will effect a substantive change, for example, by making ' a provision subject to definitions not previously applicable to it. I MISCELLANEOUS ' Any references to a statute that is now at a different spot in the statutes are suggested to be revised to refer to the current location. ' An indication of "No questions" as to a given portion of the Code indicates that no problems were noted in a review of the indicated portion from a statutory, constitutional or charter standpoint or in relation to other ordinances. Often, problems relating to enforcement or interpretation of an ' ordinance are not apparent on the face of the ordinance, and, thus, generally, are not covered by this memorandum. j STANDARD QUESTIONS ' In the interest of brevity, a number of standard questions are posed as to various sections. The more common questions and their intent are as follows: ' (1) Still used? (or Used ?) This question identifies a section that it appears may no longer be used, due to the age or subject matter of the section(s) and implies a general ' question whether the city wishes to delete such section(s). ' (2) Covered by ? (or Superseded by _ ?) This identifies a section or sections that