Ordinance No. 02-10 CITY OF TIGARD, OREGON
ORDINANCE NO. 02- /1)
AN ORDINANCE REPEALING CHAPTER 2.26 ("WITNESSES") OF THE TIGARD MUNICIPAL
CODE
WHEREAS, Chapter 2.26 of the Tigard Municipal Code provides for the issuance of subpoenas and
specifies the number, form and manner of service, establishes a witness fee,requires testimony of witnesses
and permits contempt proceedings for failure to comply with a subpoena; and
WHEREAS, staff review has shown that the same procedures are prescribed in Chapters 33, 44 and 136 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 witnesses and subpoenas.
NOW,THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 2.26 of the Tigard Municipal Code(Exhibit A)is hereby repealed in its entirety.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 $+ -i LD vote of all Council members present after being read by number
and title only,this day of_ 2002.
Catherine Wheatley,City Recorder
APPROVED: By Tigard City Council this �a day of -�' Z 2 ' ,2002.
V,
,ames E. G iffit , or
Ayroved as to form: .�
)ity Attorney
Date
ORDINANCE No. 02-JD
Page 1
TIGARD MUNICIPAL CODE
EXHIBIT A
Chapter 2.26 WITNESSES*. blank subpoenas subscribed by the Judge or Clerk
respectively for not to exceed three witnesses
Sections: within the jurisdiction; provided, however, that
any defendant may have subpoenas issued for any
2.26.010 Subpoena--Purpose. number of witnesses at his own expense. (Ord. 85-
2.26.020 Subpoena--Number. 26 §1(part), 1985).
2.26.030 Subpoena--Form.
2.26.040 Subpoena--By Whom Served. 2.26.030 Subpoena--Form.
2.26.050 Subpoena--Manner Of Serving.
2.26.060 Witness Fee--Designated. (a) The form of subpoena to be used within
2.26.070 Witness Fee--Claiming. the City of Tigard shall be substantially that set
2.26.080 Testimony Of Witness. forth in ORS 139.070, except that the attendance
2.26.090 Contempt. thereby required shall be issued in the name of the
2.26.100 Applicable State Statutes City of Tigard and the attendance shall be
Adopted. required in the Municipal Court at a time and
place therein to be set forth.
2.26.010 Subpoena--Purpose.
(b) If books, papers or documents are
The process by which the attendance of required, a direction to the following effect shall
witnesses before the Municipal Court is required, be added to the form as set forth in the ORS. (Ord.
is a subpoena. 85-26 §1(part), 1985).
The subpoena may be issued: 2.26.040 Subpoena--By Whom Served.
(a) By the Municipal Judge; A subpoena may be served by the defendant,
or any other person over eighteen years of age,
(b) By the City Recorder, acting as Clerk of and shall be served by the chief of police or under
the Municipal Court; his direction within the City of Tigard when
delivered to him for service either to a witness on
(c) By the City Attorney; the part of the City or on the part of the defendant.
(Ord. 85-26 §1(part), 1985).
(d) By the Attorney of record for the party
in whose behalf the witness is required to appear. 2.26.050 Subpoena--Manner Of Serving.
The subpoena shall be subscribed by the The subpoena shall be prepared in duplicate
signature of the Municipal Judge, City Recorder, and shall be served by delivering a copy to the
City Attorney, or by the signature of the attorney witness personally, and the original shall be
of record. (Ord. 85-26 §1(part), 1985). returned to the Clerk of the Court with proof of
service made in the same manner as in the service
2.26.020 Subpoena--Number. of summons. (Ord. 85-26 §1(part), 1985).
Upon application of a defendant, the 2.26.060 Witness Fee--Designated.
Municipal Judge or the Clerk of the Municipal
Court in which a complaint or citation is pending The fees of witnesses required to attend the
for trial, shall at the expense of the City issue in Municipal Court shall be five dollars for each day
2-26-1 SE Update: 11/01
TIGARD MUNICIPAL CODE
EXHIBIT A
or any part thereof in attendance before the 2.26.100 Applicable State Statutes
Municipal Judge. Adopted.
Every witness who is required to travel in ORS Sections 44.310, 44.320, 44.330,
order to execute or perform his duties as a 44.340,44.350, 44.360 and 44.370 with respect to
witness, from any point outside the City limits, is oaths and affirmations of witnesses, by virtue of
entitled to mileage at the rate of eight cents per authority of ORS 221.330, are adopted by this
mile and no more in going to and returning from reference, section by section, paragraph by
the place where the service is performed. (Ord. paragraph, word by word, in the entirety in all
85-26 §l(part), 1985). respects to the same legal force and effect as if set
forth herein in full. (Ord. 85-26 §l(part), 1985).
2.26.070 Witness Fee--Claiming.
*For statutory provisions regarding witnesses, see
The Clerk of the Municipal Court, on ORS 136.555-136.695; for Charter provisions
application of a witness subpoenaed to attend allowing the municipality judge to compel
Municipal Court, shall enter in the fee book under witnesses to appear in Court, see Chapter V §21
the title of the action in which the witness was of the Charter of the City of Tigard.■
subpoenaed or recognized, the number of days
attendance and the number of miles necessarily
traveled in consequence of the subpoetia. The
Clerk shall swear the witness to the statement
contained in that entry. The fees and mileage of a
witness in the Municipal Court shall be claimed
within fifteen days after the appearance of the
witness pursuant to the subpoena, and not
afterwards. (Ord. 85-26 §l(part), 1985).
2.26.080 Testimony Of Witness.
Any person present in Court or before the
Municipal Judge may be required to testify in the
same manner as if he were in attendance before
the Court upon a subpoena. (Ord. 85-26 §l(part),
1985).
2.26.090 Contempt.
Disobedience to a subpoena or refusal to be
sworn or answer as a witness when required, may
be punished as a contempt by the Court before
whom the witness is required to attend. (Ord. 85-
26 §l(part), 1985).
2-26-2 SE Update: 11/01