Ordinance No. 02-09 CITY OF TIGARD, OREGON
ORDINANCE NO. 02-Q�
AN ORDINANCE REPEALING CHAPTER 2.24 ("CRIMINAL PROCEDURE") OF THE TIGARD
MUNICIPAL CODE
WHEREAS, Chapter 2.24 of the Tigard Municipal Code establishes procedures for criminal cases,
including filing complaints, imposing costs, issuing warrants and citations, entering pleas and conducting
trials in municipal court; and
WHEREAS, staff review has shown that the same mandatory rights and procedures are prescribed in detail
by Chapters 133, 135 and 156 of the Oregon Revised Statutes; and
WHEREAS, repeal of this section makes it unnecessary to revise the Code as the legislature amends the
Oregon statutes that govern criminal procedures.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 2.24 of the Tigard Municipal Code(Exhibit A)is hereby repealed in its entirety.
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor,and posting by the City Recorder.
PASSED: By U r�M'w wJ vote of all Council members present after being read by number
and title only,this lam day of,-Ieko'm 12002.
Catherine Wheatley,6ty Rec er
APPROVED: By Tigard City Council this/0 day of ,2002.
James E. G 'ffit , or
App owed as to form:
r
ity ttorney
Date `
ORDINANCE No. 02-[F1
Page 1
TIGARD MUNICIPAL CODE
EXHIBIT A
Chapter 2.24 CRIMINAL PROCEDURE. 2.24.030 Costs In Criminal Cases--
Indigent Defense Account.
Sections:
(a) The Municipal Judge shall assess five
2.24.010 Filing Complaint-- dollars as and for costs in every case of finding of
Commencement Of Action. guilt and in each instance of bail forfeiture in all
2.24.020 Complaint Deemed Indictment. cases brought before the Court. In every case of a
2.24.030 Costs In Criminal Cases-- finding of guilty by a jury, the Municipal Judge
Indigent Defense Account. shall assess sixty dollars minimum as and for
2.24.040 Warrant Of Arrest--Generally. costs.
2.24.050 Warrant Of Arrest--Execution
And Return. (b) All costs collected shall be paid over to
2.24.060 Citations To Misdemeanants. the Finance Director. There is established in the
2.24.070 Reading Complaint To general fund of the City, a special account
Defendant--Defendant To designated "indigent defense." The Finance
Plead. Director shall credit all costs collected to such
2.24.080 Right Of Counsel, designated "indigent defense account." 'I'he sum
2.24.090 Defendant's Plea--Refusal To of five hundred dollars shall be maintained for
Plead. indigent defense purposes. Any overplus of funds
2.24.100 Trial By Court. so collected shall be credited to the general fund
2.24.110 State Statutes To Govern. of the City. (Ord. 85-26 §I(part), 1985).
2.24.010 Filing Complaint-- 2.24.040 Warrant Of Arrest--Generally.
Commencement Of Action.
Upon the filing of the complaint, the
In Municipal Court, a criminal action is Municipal Judge shall issue a warrant of arrest for
commenced by the filing of the complaint therein, the defendant named therein. (Ord. 85-26
verified by the oath of the person commencing the §](part), 1985).
action, who is thereafter known as the
complainant. (Ord. 85-26 §1(part), 1985). 2.24.050 Warrant Of Arrest--Execution
And Return.
2.24.020 Complaint Deemed Indictment.
A warrant of arrest in a criminal action in a
The complaint shall be deemed an indictment Municipal Court is issued, directed and executed
within the meaning of ORS 132.510 to 132.570, in all respects as the warrant mentioned in ORS
132.590, 132.610 to 132.690, 132.710 and 133.140, except that it shall be made returnable
132.720, which sections prescribe what is only before the Judge who issues it. (Ord. 85-26
sufficient to be stated in such pleading and the §1(part), 1985).
form of stating it, except that the sufficiency of a
uniform traffic citation shall not be controlled by 2.24.060 Citations To Misdemeanants.
these sections.(Ord. 85-26 §1(part), 1985).
(a) City police officers may, if an arrest is
made without a warrant, or if a person is arrested
by a private citizen and is turned over to a peace
officer, or if the Municipal Judge before whom a
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TIGARD MUNICIPAL CODE
EXHIBIT A
complaint is filed authorizes it, issue a citation in (A) The defendant is charged with a
lieu of continuing custody in those cases in the violation of a municipal ordinance for which a jail
form and manner authorized by ORS 133.045 to sentence may be imposed; and
133.080, inclusive.
(B) The defendant requests the aid of
(b) If any person wilfully fails to appear counsel; and
before the Municipal Court pursuant to a citation
issued and served under the authority of ORS (C) The defendant states under oath, in
133.045 to 133.080, inclusive, and subsection (a) writing, his financial circumstances showing lack
of this section,and a complaint is filed, he shall be of ability to obtain counsel, and provides such
deemed guilty of a violation of Chapters 2.16 other information required by the Court as to his
through 2.26 and a Class A misdemeanor. (Ord. inability to obtain counsel; and
85-26 §1(part), 1985).
(D) The Court determines that the
2.24.070 Reading Complaint To defendant is without means wherewith to obtain
Defendant--Defendant To counsel.
Plead.
(4) Unless otherwise ordered by the
When the defendant appears or is brought Municipal Court, the counsel appointed under this
before the Municipal Judgc,the complaint shall be section shall continue to represent the defendant
read to him and he shall plead thereto at that time on appeal to the District Court. The Court may
or within such additional time as the Municipal substitute one appointed counsel for another at
Judge may grant for entry of plea. (Ord. 85-26 any stage of the proceedings when the interest of
§1(part), 1985). justice requires such substitution.
2.24.080 Right Of Counsel. (5) If at any time after the appointment of
counsel the Court finds that the defendant is
(1) When a defendant who is charged with financially able to obtain counsel or to make
violation of a municipal ordinance for which a jail partial payment for the services of counsel, the
sentence may be imposed, appears before the Court may terminate the appointment of counsel
Municipal Judge without counsel, he shall be or may require such partial payment. If at any
informed by the Court that it is his right to have time during the proceedings the Court finds that
counsel before any further proceedings are had the defendant is financially unable to pay counsel,
and shall be asked if he desires the aid of counsel. the Court may appoint counsel to represent
defendant as provided in this section.
(2) The Court shall allow the defendant a
reasonable time to obtain counsel and shall (6) Counsel appointed pursuant to
adjourn the proceeding for that purpose or shall, subsection (3) of this section shall, after the Court
in accordance with subsection (3) of this section, so orders, be paid fees by the City for the services
appoint counsel to represent him unless the rendered in conducting the defense,as follows:
defendant waives counsel and the Court approves
the waiver. (A) When a plea of guilty is entered
prior to trial on merits $ 75.00
(3) Counsel for a defendant shall be
appointed by the Municipal Court if: (13) When a plea of not guilty is entered
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TIGARD MUNICIPAL CODE
EXHIBIT A
and adversary trial on the merits is
conducted 75.00
(C) When defendant is charged with
more than one offense for which jail sentence may
be imposed and defendant is tried on all charges
concurrently 75.00
(D) After an appeal and trial on the
merits is had in the District Court 75.00
(Ord. 86-30 §§l and 2, 1986; Ord. 85-26 §l(part),
1985).
2.24.090 Defendant's Plea--Refusal To
Plead.
The defendant may plead the same pleas as
upon an indictment. His plea shall be oral and
entered in the docket. If the defendant refuses to
plead, the Municipal Judge shall eutcr the fact,
together with the plea of not guilty, on his behalf.
(Ord. 85-26 §1(part), 1985).
2.24.100 Trial By Court.
Upon a plea other than a plea of guilty, if the
defendant does not demand a trial by jury in
accordance with Section 2.20.010, the Municipal
Judge shall proceed to try the issue unless
continued for cause.(Ord. 85-26 §I(part), 1985).
2.24.110 State Statutes To Govern.
When not governed by Chapters 2.16 through
2.26 or by the City Charter, all proceedings prior
to judgment with respect to criminal actions in
Municipal Court for the violation of a City
ordinance shall be governed by applicable general
rules of the state governing Justice of the Peace
and justice courts. (Ord. 85-26 §1(part), 1985).0
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