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Ordinance No. 69-85 CITY OF TIGARD, OREGON ORDINANCE No. 69-85 f AN ORDINANCE PRESCRIBING PROCEDURES WITH RESPECT TO OFFF,NSES UNDER THE ORDINANCES OF THE CITY OF TIGARD, TRIABLE IN THE MUNICIPAL COURT OF THE CITY OF TIGARD, PRCVir%TNG FOR SECURI'T'Y FOR COSTS IN CERTAIN CASES, PROVIDING FOR APPOINTMENT OF COUNSDL FOR INDIGENT ACCUSED, PROVIDING FOR ASSESSMENT OF COSTS IN CRIMINAL CASES, ESTABLISHING IFDIGEN" DEFENDANT*S DEFENSE nCCOUNT, ESTABLISHIT$G GENERAL PROVISIONS AND PROCEEDINGS IN CRIMINAL ACTIONS AND DECLARING AN EMERGENCY THE CITY OF TIGARD ORDAINS A5 FOLLOWS: scetion l: This Ordinance shall be kno-.m as "TIGARD CRIMINAL PROCEDURE ORDINANCE", and may be cited as such. Section 2: is Filinc�,C faint by Private Y�son as i�:,����e='.e=ma nt of an Action. In Municipal Court, a cxxr,�a,tal action h commenced by the filing of the complaint therein, terified by the oath of the person commencing the action, who iH thereafter known as the complainant. Section 3: Complaint is Deemed an Indictment to Deteraaine Sufficiency. The c =2 !alnt shall he deemed an and�.ctment within the meaning Of ORS 132.510 to 132.570, 132.590, 132>610 to 132.690, 13.710 and 132.720, which sections prescribe what is sufficient to be stated in such pleading and the form of stating it, except that the sufficiency of a Uniform Traffic Citation shall not be controlled by said sections. section 44: Security for Costs. Before filing or receiving the complaint in 'al minal action, the municipal judge may require the complainant to deposit as security for casts and disbursements the sum of$25.00. Section',: Costs in Criminal Cases - Ineiigenf P>rfandant°s Defense Account. (a)They munizipal judge shall assess the sum of $5.00 as and for costs in every case of Zinding of gus.lt by the Court and in each instance of bail forfeiture on a charge of violation of a municipal ordinance. in every case of a finding of guilty by a jury, the municipal judge shall assess the sum of $35.00 as and for costs. (b) All costs collected shall be paid over to the City Recorder. 'T'here is hereby established as a subsidiary of the general fund of the City of Tigard, a special account designated "Indigent Defendant's Defense Account." The City Recorder ahall credit all Doses Defendant's to such designated "Indigent Defendant's Defense Account" until there has been accumulated therein the sum of $500., shall credit additional costs collected as may be necessary to and and shat E balances in said fund of approximately $500. Any overplus maitain of funds so colledted shall be credited to the general fund of the City of Tigard. Section 6: When warrant of Arrest Issues, Upon the filing of the complaint, tY,e municipal judge shall issue a warrant of arrest for the defendant named therein. Pane 1 - ORDINANCE No. 69-85 Y� �1 1 i Section 7: Issuance Requisites, Execution and _Return of warrant of Arrest. A warrant of arrest in a criminal action in a Municipal Court is issued, directed and executed in all respects as the warrant mentioned in ORS 133.140, except that it shall be made returnable only before the judge who issues it. Section 8: Citations to Misdemeanants: (a) City police officers may, if an arrest is made with 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 complaint is filed authorizes it, issue a citation in lieu of contin- uing custody in those cases in the form and manner authorized by Chap- ter 244 uregon Laws of 1969. (b) If any person wilfully fails to appear before the Municipal Court of the City of Tigard pursuant to a citation issued and served under the authority of Chapter 244, Oregon Laws of 1969, and subsection (a) of this section and a complaint is filed, he sha11 be deemed guilty of a violation of this irdinance and shall upon con- viction, be punished by a .fine of not move than $500. or by imprison- ment in the county or municipal jail for not more than six (6) months, or both. Section 9: Readin> Complaint to Defendant; Defendant to Plead. When the defendant appears or is brought before the munic- ipal judge, the complaint shall be read to hire and ?:e shall plead thereto at that time or within such additional time as the ,aunicipal judge may grant for entry of plea. Section 10: iiisL of Counsel, Obtaininff, Counsel. Court Appoirtmant of Counsel. (1) When a defendant who is charged with a violation of a municipal ordinance for which a jail sentence may by imposed, appears beforethemunicipal judge without counsel, he shall be informed by the cart that it is his right 'to have counsel before any further prc- ceedings are had and shall be asked if he desires the aid of counsel. (2) The court shall allow the defendant a reasonable time to obtain counsel and shall adjourn the proceeding for that purpose or shall, in accordance with subsection (3) of this section, appoint counsel to represent him unless the defendant waives counsel and the b court approves the waiver. (3) Counsel for a defendant shall be,appointed by the munici- pal court if: a. The defendant is charged with a violation of a munici- pal ordinance for which a jail sentence may be imposed; and b. The defendant requests the aid of counsel, and c. The defendant states under oath, in writing, his financial circumstances showing ?ack of ability to obtain counsel, ` and provides such other information required by the court as to his inability to obtain counsel, and d. The court determinesthat the defendant is without means wherewith to obtain counsel. Page 2 - ORDINANCE No 69 s (4) Unless otherwise ordered by the Municipal Court, the counsel appointed u:-der this section shall continue to represent the defendant on appeal to the Circuit Court. The court may substitute one appointed counsel for another at any stage of the proceedings when the interest of justice requires such substitution. (5) If at any time after the appointment of, counsel the court finds that the defendant is financially able to obtain counsel or to make partial payment for the sE_rvices of counsel, the court may fermi- nate the appointment of counsel or may require such partial payment. If, at any time during the proceedings, the court finds that the de- fendant is financially unable to pay counsel, the court may appoint counse; to represent defendant as provided in this section. (6) Counsel appointed pursuant tc .,•:�bsection (3) of this section shall, after the court so orders, be paid fees by the City for the services rendered in conducting the defense, as follows. A. When a plea of guilty Is entered prior to trial on merits $25.00 B. When a plea of not guilty is entered and adversary trial on the merits is conducted 25'..00 C. When the defendant is charged with more than one offense for which jail sentenc=e may be imposed and the defendant is tried on all charges concurrently 50.00 D. After an appeal and trial on the merits is had in the Circuit Court 50.00 Section li: Defendant's Plea; Refusal to plead. The defendant may plea(] 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 enter t=ae fact,together with the plea of not guilty, on his behalf. Section 12: Trial by Court or Jury. Upon a plea other than a plea of guilty, ..f the defendant does not then demand a trial by Jury, the municipal ,judge shall proceed to try the issue unless con- cinued for cause. Section 13: Inured Person 1'tust Appear or be Subpenaed. No judgment of conviction or�acquittal can be given ir_ a criminal action in municipal court unleso the person injured appears or is sub- penaed to attend the trial as a witness. Section 1'1: Demand for and Selections O Ju.r. . If a trial by jury is demanded, aJury-shall be selected and summoned in the manner provided in Ordinance No-65-6. 3 Section 15: State Statutes to Govern When not governed by this ordinance 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 gen- eral rules of the State governing Justice of the peace and Justice Courts. Page 3 - ORDINANCE R:o.69- 4, F.z. .` tX Section 16: Repealer: All ordinances or sections of ordinances inconsistent with the provisions of this ordinance, r, including Section 5 of Ordinance 65-6 with respect to the provisions therein for a jury fee, be, and the same are hereby repealed, effect- ive with the effective date of this ordinance. Section 2-7: Emergenoy. Inasmuch as the ordinances of the City of Tigard do not now include procedures with respect to the + commencement of an action by private persons, security for costs, ,• providing for costs in criminal cases, appearance of the injured person, ,y appointment of counsel for indigents and providing for the payment of court-appointed lawyers, and it is necessary for the peace, health and safety of the people of the City of Tigard that immediate provision be made therefor, an emergency is hereby declared to exist, and this ' ordinanue shall be effective upon its passage by the Council and approval by the Mayor. q PASSED: By unanimous vote of all Council members present anter being read three times by number and title only, this ..2_day of 1969 RecorderCity of ax'd -- APPROVED: By the Mayor, this day of ������„G�� , 1969. i t3 arm __—Ylayor Page 4 - ORDINANCE NO.69- - ? h 30 ' �.