Ordinance No. 24-11 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO.24- II
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 2.16 REGARDING THE
MUNICIPAL COURT JUDGE
WHEREAS, the City of Tigard Charter of 2024,which was approved by voters in May and went into effect on
July 1,2024,was significantly updated since the previous version;and
WHEREAS, the City's Municipal Code must now be updated to match the language in Charter;and
WHEREAS, the proposed change in this ordinance ensure that the Municipal Code is consistent with City
Charter.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code Chapter 2.16 is amended to read as follows (new text in underline,
deleted text in'trikethrough):
2.16.010 Tigard Municipal Court.
Pursuant to Section 4.3 of the City of Tigard Charter, the Tigard Municipal Court has
subject matter jurisdiction over every offense created by City ordinance and to the fullest
extent allowed by law over all misdemeanors and violations defined and made punishable
under state law,unless limited by City ordinance. -- : ... . - - -. : - - .
through 2.26 shall bc known as the "City of Tigard Court Proccdurc3 Ordinance of 1985"
and may bc cited as such.
2.16.020 Municipal Judge.
The office of Municipal Judge of the City of Tigard, as provided by Section 10 of Chapter
III of the Charter, shall be held by one incumbent who shall be is appointed solely on the
basis of qualifications and experience without regard to political considerations.
Appointment and removal of the Municipal Judge by the Mayor shall requires the pry
consent of a majority of the full Council recorded at a public meeting. Cause shall is not
be required for removal of the Municipal Judge.
The compensation of the Municipal Judge shall be fixed by resolution of the City Council.
2.16.030 Pro Tempore Municipal Judge.
The office of City may appoint one or more Pro Tempore Municipal Judges. of the
Municipal Court for the City is created. One or more pro tempore municipal judges may
- • , .- :. .- : . .... : . :. .- .A pro
tempore municipal judge shall may act only when the Municipal Judge is unable to perfouu
his their duties, by reason of absence from the City, illness, vacation, disqualification as
ORDINANCE No. 24- (1
Page 1
provided by ORS §221.353,or as specifically determined by the Court Administrator, and
in such circumstances the court personnel will assign one of the pro tempore judgea to
serve in lieu of the Municipal Judge.
The Pro Tempore Municipal Judge shall have the same powers and be compensated in the
same manner as the Municipal Judge.
2.16.040 Qualification of Judges.
All municipal court judges,including judges pro tempore,must be active members in good
standing of the Oregon State Bar. The incumbent in the office of Municipal Judge and
each of the offices of Pro Tempore Municipal Judge shall be a person in good standing to
practice law before the Supreme Court of the state of Oregon.
2.16.050 Powers of Municipal Judges.
The Municipal Presiding Judge exercises general supervision over the judicial functions of
the Municipal Court and its judges and has authority over the dockets and assignment of
cases. when acting as such, shall perform all the duties and Municipal Judges have all the
inherent and statutory powers of a Justice of the Peace within the jurisdictional limits of
the office of Municipal Judge,and such additional powers as may be specifically conferred
by the Tigard Municipal Code, including the power to issue search warrants and warrants
to enter property and abate civil infractions.
2.16.060 Time for Holding Court.
The Municipal Judge shall may establish by order a regular time and regular place for
holding court sessions. In addition, Municipal Court may be held at such other times as
the Judge deems reasonable and necessary for the protection of the rights of persons
accused of violation of City ordinances.
2.16.070 Warrants.
A warrant may be issued if the Municipal Judge is satisfied that there are facts and
circumstances tending to show that the objects of the requested search are in the places
identified in the request, or, in the case of a warrant to enter property and abate a civil
infraction, that the infraction exists. Request for warrants should normally be supported by
affidavits,however,when circumstances make it impractical for the warrant to be obtained
in person it may be granted by telephone based on oral statements made under oath. The
oral statement shall will be recorded and transmitted and retained as a part of the record of
the proceeding.
SECTION 2: This ordinance is effective 30 days after its passage by the council, signature by the mayor,
and posting by the city recorder.
PASSED: By ()MAO1�l Gl9 vote of all council members present after being read by number and
title only,this 3 day of See ff w1 b e ,2024.
ORDINANCE No. 24-11
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f?Y
Jesse B. Raymundo,Deputy City Recorder
APPROVED: By Tigard City Council this 3 r,� day of Set -feoithi r ,2024.
C1442 -
Heidi Lueb,Mayor
Approved as to form:
City Attorney
el )4) ) a0 (-'l
Date
ORDINANCE No. 24-
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