Ordinance No. 85-26 CITY OF TIGARD, OREGON
' ORDINANCE NO. 85-g b
AN ORDINANCE REPEALING TIGARD MUNICIPAL CODE CHAPTERS 2,i6, 2.20, 2.24, 2,26,
AND 2,32 AND ADOPTING NEW REGULATIONS REGARDING TIGARD MUNICIPAL COURT
FUNCTIONS AND DECLARING AN EMERGENCY.
WHEREAS, the current Tigard Municipal Court ordinances were adopted in 1966
and 1972; and
WHEREAS, those ordinances are now obsolete and outdated, the Tigard City
Council desires to repeal the old code and adopt new rules and regulations for
the operation of the Tigard Municipal Court.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal. Code Chapters 2.16, 2.20, 2.24, 2.2.6, and 2.32
are hereby repealed in their entirety and new sections are adopted as set
forth in Exhibit "A" attached. (Material to be deleted is bracketed, material
g to be added is underlined.)
SECTION 2: In order to bring the Tigard Municipal Court ordinances into
conformance with currant state law and practices and improve the operation and
implementation of the code and to protect the public health, safety, and
t welfare, an emergency is hereby declared to exist and this ordinance shall
become effective upon its passage by the Council and approval by the Mayor.
PASSED: By �r9 Fi8an�sfc� _--_ vote of all Council members present after being
read by number and title only, this day of �,
1985.
Uj
A
(l'
Deputy City Recorder - City of Tigard
APPROVED: This /-77-h day of Ye_4L 1985.
,M City of Tigard
APPROVED AS TO FORM:
'L al Counse'1. dity of Tigard
lw/2597A
ORDINANCE NO. 85--��
EXHIBIT "A"
Chapter 2.16
MUNICIPAL COURT
Sections:
4
2.16.010 Title of ordinance.
2.16.020 Municipal judge.
2,16.030 Pro tempore municipal judge
2.16.040 Q :alification of judges.
2.16.050 Powers of municipal judge.
2.16.060 Time for holding court.
2,16,010 Title of ordinance. The ordinance codified in Chapters 2.16
through 2.26 shall be known as the "City of Tigard Court Procedures Ordinance
of [1972] 1985" and may be 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 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 require the
prior consent of a majority of the full council recorded at a public meeting.
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 pro tempore
municipal judge of the municipal court of the city is created. One or more
pro tempore municipal judges may be incumbent at any given time. The
holder(s) of the office shall be subject to appointment and removal in Pike
manner as herein provided with respect to the ilunicipal judge. A pro tempore
municipal judge shall act only when the municipal judge is unable to perform
his duties by reason of absence from the city, illness, vacation or
disqualification, as provided by ORS §221.348, and in such circumstances the
[mayor is empowered to designate] court personnel will assign one of the pro
tempore judges to serve in lieu of the municipal judge.
The pro tempore municipal judge shall be compensated [on a per diem
basis as determined from time to time by resolution of the city council] in
the same manner as the ;rtunici�ral fudge.
2.16.040 Qualificat-on of judges. The incumbent in the office of
municipal judge and each of the offices of pro tempore municipal judga 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 judge. The municipal judge when acting
as such, and the pro tempore judge designated to act as such when so acting,
shall perform all the duties and have all the inherent and statutory powers of
a justice of the peace within the jurisdictional limits of the office of
municipal judge.
2.16.tD6O Time for holding court.
The municipal .judge shall establish
bac order a regular time and regular place for holding court scissions. 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.
ORDINANCE NO, 85-01
a
Chapter 2.20
JURY 'TRIAL*
Sections:
2.20,010 Defendant's right to jury trial,
2,20,020 Preparation of jury list,
[2.20,030 Jury box.]
[2,20,040] 2,20.030 Selection of jury Froin jury list.
[2,20,060] 2,20.040 Compensation fnr jurors.
[2,20.060[ 2,20,050 State statutes to govern.
2.20,01.0 Defendant's right to jury trial. In all prosecutions for
any crime or offense defined and made punishable by the Charter or city
ordinances, the defendant [shall have the right to -trial by jury of six in
number-) shall be tried and determined without the intervention of a jury,
except in cases where imprisonment may be imposed. Either Party in a criminal
action may demand afury where one is allowed but such demand, to be t
effective, must be made, or postmarked 15 calendar days after- the entry of a
plea of "Not Guilty" to the charge or 15 calendar dalsprior to the x
commencement of trial which ever is sooner.
A jury trial in the municipal court, shall consist of six persons,
sworn to try and determine the question or guestions of fact selected and
drawn as Provided in this code The terms of mucourt shall be for a
perLod of six months, be inning on January •1 and July of each ��ar,
2.20.020 Preparation of jury list. As of the first Monday [day) of k
January, and July each year, -the city recorders or court clerk, shall select
not less than [eighteen] fifty names of persons from either the latest tax
roll or registration books used in the last city election, in the same manner
as juries are selected for circuit courts pursuant to ORS Sbctions 221,349 and !`
10.110-10.480. If for any reason the preparation of the preiiminar dura list
is omitted or neglected on the first Monday in January or July of each dear _
it may be prepared on Monday of any week following, to serve until the end of
the term and until another list is prepared The jury list shall contain the
[Christian] first name and surname, and place of residence [and occupation] of
each person named therein, and the list prepared shall be certified by the
city recorder and maintained on file in the [recorder's] court's office.
No person shall be required to serve more than one term during any
calendar year.
C:
[2.20,030 Jury box. The city recorder shall keep in his office a
sufficient box carefully secured which is denominated the "jury box." After '
the jury list is filed, the recorder shall destroy all jury ballots remaining ,
in the box and shall prepare and deposit in such box separate ballots
containing the name, place of residence and the occupation of each person F
embraced in the list, and folded as nearly alio e as practicable so that the
names cannot be seen,] F
F`
For statutory previsions giving procedure for trial by jury, see ORS
221.349,
ORDINANCE NO, 85—_2G
[2.20.0403 2.20.030 Selection of jury from jury list, When a jury is
demanded in the municipal court of the city of Tigard, the jury must be drawn
{ and selected from the jury list. The municipal judge or the city recorder
must dram from the jury box, in the presence of the [defendant or his counsel
(attorney--at—law)] municipal court clerk twelve ballots, or any greater number
if necessary, until the names of twelve persons who are deemed able to attend
at the time and place required are obtained. The municipal judge or city
recorder must make and file the list of the twelve names thus drawn.
if it appears to the municipal judge or the city recorder that a
person whose name is drawn is dead or has removed from the city, the ballot
must be destroyed. If it appears to the municipal judge or recorder, or if he
has good reason to believe, that a person whose name is drawn is temporarily
absent from the city or is unwell. or so engaged as to be unable to attend at
the time and place required without great inconvenipnce, the ballot must be
laid aside without the name thereon being entered on the list drawn, and
retum, Pd to the box when the drawing is completed. A person whose name is
drawn is deemed able to attend and his name is deemed to be entered on the
list except as otherwise herein provided.
The names of the twelve jurors su selected must be inserted in the
"order to summon a jury," together with the names of the parties, date, time
and place at which the trial is to be held, an the order shall require the
jurors to appear at that date, time and place. The order shall be signed by
the municipal judge or the city recorder, and a copy thereof directed to the
chief of police or to any policeman authorized to act in his behalf,
commanding him to summon the persons in accordance with the order, and he
shall make his return of service to the court at its opening.
The court may impose a fine riot exceeding [ten] tEIntl dollars upon a
juror who without reasonable cause neglects to attend the court session to
which summoned.
[2.20.0503 2.20.04.0_ Compensation for jurors. Each juror sworn as a
member of a trial panel in the municipal court, shall be entitle: to a fee of
ten dollars for each da or fraction thereof.
[2.20.060] 2.20.050 State statutes to govern. (a) To the extent not
herein specifically provided, all proceedings with respect to selection of
juries, swearing of juries, and trial by jury in municipal court, shall be
governed by the applicable general laws of the state of Oregon governing
justice of the peace and justice courts.
(b) All rules of evidence as provided pursuant to state statutes shall be
followed in all jury trials in the municipal court,
OR61NANCC IVO 85-
Chapter 2.24
CRIMINAL. PROCEDURE
Sections
2.24.010 Filing complaint--Commencement of action.
2.24.020 Complaint deemed indictment,
[2,24,030 Security for costs.]
[2.2.4.040] 2.24.030 Costs in criminal case s••--Indigent [defendant's]
defense [fund] account.
[2.24.050] 2.;24.040 Warrant of arrest-.-Generally.
[2,24.060] 2 4.05!3 warrant of arrest---Execution and return.
[2.24.070] 2.24.060 Citations to misdemeanants.
[2.24,080] 2.24.070 Reading complaint to defendant,. Defendant to
plead.
[2.24,090] 224..080 Bight of counsel.
[2.24.100] 2.24.090 Defendant's plea-•--Refusal to plead,
L , Y1101 J .24.1C�u Trial by Court.
[2.24.120 Injured person to appear.]
[2.24,130 Demand for and selection of jury.]
[2.24.140] 2.24.110 State Statutes to govern.
2.24.010 Filing complaint--Commencement of action. In municipal
court, a criminal action is commenced by the filing of the complaint therein,
verified by the oath of the person commencing the action, who is thereafter
known as the complainant.
2.24.020 Complaint deemed indictment. The complaint shall be deemed
an indictment with the maaning of ORS 132.510 to 132,570, 132.590, 132.61.0 to
1.32.690, 1.32.710 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 these
sections.
[2.24,030 Security for- costs. Before filing or receiving the
complaint in a criminal action, the municipal judge may require the
complainant to deposit twenty-five dollars as security for costs and
disbursements.]
[2.24.0401 2.24.030 Costs in criminal cases--Indigent [defendant's]
defense [fund] account.
(a) The municipal judge shall assess five dollars as and for costs in
every case of finding of guilt [by the court] and in each instance of bail
forfeiture [on a charge of violation of a municipal ordinance] in all cases
brought before the court. In every case of a finding of guilty by a jury, the
municipal judge shall. assess [thirty--five] saxt_V dollars minimum, as and for
costs.
(b) All costs collected shall be paid over to the [city recorder]
finance director. There is established [as a subsidiary of] in the general
fund of the city, a special account designated "indigent [defendant's] defense
[fund]." The [city recorder] finance director shall credit all costs
collected to such designated "indigent [defendant's] defense [fund] account."
[until. there has been accumulated therein the] The sun, of five hundred dollars
[, and] shall [credit additional costs collected as may be necessary to] be
maintained for indent defense purposes. Fa balance in that fund of i
approximately fivehundred dollars.] Any over-plans of funds so collected }
shall be credited to the general fund of the city of Tigard, i
0RDINANCE NO. 85-�?�a
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[2.24,050] 2.24040 Warrant of arrest---cienerally, Upon the filing of
the complaint, the municipal judge shall issue a warrant of arrest for the
defendant named therein.
[2.24.060] 2,24.050 Warrant of arrest--Execution and return, 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 tiat it shall be made returnable only before the judge who issues it.
[2,24,070] 2224.060 Citations to misdemeanants. (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 complaint is filed authorizes it, issue a
citation in lieu of continuing custody in those cases in the form and manner
authorized by ORS 133.045 to 133.080 inclusive.
(b) If any person wilfully fails to appear before the municipal court
pursuant to a citation issued and served under the authority of ORS 133.045 to
133.080, inclusive, and subsection (a) of this section, and a complaint is
filed, he shall be deemed guilty of a violation of Chapters 2.16 through 2.26
[and shall, upon conviction, be punished by a fine of not more than five
hundred dollars or by imprisonment in the county or municipal jail for not
more than six months or both] and is a _C_lass A misdemeanor.
s
[2.24.080] 2.24.070 Reading complaint to defendant—Defendant to
plead. When the defendant appears or is brought before the municipal judge,
the complaint shall be read to him and he shall plead thereto at that time or
within such additional time as the municipal judge may grant for entry of plea. .
[2.24.090] 1.24,080 Right of counsel. (1) When a defendant who is F
charged with violation of municipal ordinance for which a jail sentence may I
be imposed, appears before the municipal judge without counsel, he shall be {
informed by the court that it is his right to have counsel before any farther
proceedings 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 f
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 court approves the waiver.
(3) Counsel for a defendant shall be appointed by the municipal court
if:
(a) The defendant is charged with a violation of a municipal p
ordinance for which a jail sentence may be imposed; and
(b) The defendant requests the aid of counsel; and
f;
(c) The defendant states under oath, in .writing, his financial t
circumstances showing lack 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 determines that the defendant is without means
wherewith -to obtain counsel.
(4) finless otherwise ordered by the municipal court, the counsel. if
appointed under 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.
ORDINANCE W. 85-
(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 services of counsel, the court may terminate the appointment
of counsel or may require such partial payment. If at any time during the
proceedings the court finds that the defendant is financially unable to pay
counsel, the court may appoint counsel to represent defendant as provided in
this section.
(6) Counsel appointed pursuant to subsection (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 guilt is entered prior
to trial on merits $75.00
(b) When a pleas of not guilty is entered 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 an all charges concurrently 75.00 :
(d) After an appeal and trial on the merits is had
in the circuit court . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00
i
[2.24.100] 2.24.090 Defendant's plea--Refusal to plead. The
defendant may plead the same pleas as upon an indictment. His plea shall be f
oral ansi entered in the docket. If the defendant refuses to plead, the
municipal judge shall enter the fact, together with the plea of not guilty, on
his behalf.
L2.24.110] 2.24.100 Trial by court. Upon a plea other than a plea of
guilty, if the defendant does rvt [then] demand a trial. by jury in P.cco_rdance
Wth section 2.20.010, the municipal judge shall proceed to try the issue
unless continued for cause. �
t
[2.24.120 Injured person to appear. No judgment of conviction or
acquittal can be given in a criminal action in municipal court unless the E
person injured appears or is subpoenaed to attend the -trial as a witness.]
[2,24.130 Demand for and selection of jury. If a trial by jury is
demanded, a jury shall be selected and summoned in the manner provided in
Chapter 2.20.]
V
[2.24.140] 2.2.4.110 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.
ORDINANCE No 85
Chapter 2.26
WITNESSES*
Sections:
2.26.010 Subpoena--..Purpose.
2.26.020 Subpoena---Number.
2.26.030 Subpoena---Form.
2.26.040 Subpoena.--By whom served.
2.26.050 Subpoena----Mariner of serving.
2,26.060 Witness fee.--Designated.
2.26.070 Witness fee---.Claiming,
2,26.080 Testimony of witness.
2,26.090 Contempt.
2.26.100 Applicable state statutes adopted.
2.26.010 Subpoena---Purpose. The process by which the attendance of
witnesses before the municipal court is required, is a subpoena.
The subpoena may be issued:
(a) By the municipal judge;
:b) By the city recorder, acting as clerk of the municipal court;
(c) By the city attorney;
(d) By the attorney of record for the party in whose behalf the
witness is required to appear.
The subpoena shall be subscribed by the signature of the municipal
judge, city recorder-, city attorney, or by 'the signature of the attorney of
record. s
2,26.020 Subpoena---Number. Upon application of a defendant, the
municipal judge or the clerk of the municipal court in which a complaint or
citation is pending for trial., shall at the expense of the city issue in blank
subpoenas subscribed by the judge or clerk respectively for not to exceed
three witnesses within the jurisdiction; provided, however, that any defendant
may have subpoenas issued for any number of witnesses at his own expense.
2.26.030 Subpoena---Form. (a) The form of subpoena to be used within
the city of Tigard shall be substantially that set forth in the ORS [139.0703, a
except that the attendance thereby required shall be issued in the name of the
city of Tigard and the attendance shall be required in the municipal court at
a time and place therein to be set forth. s
(b) If books, papers or documents are required, a direction to the
following effect shall be added to the form as set forth in the ORS. p
[139.070: "' and you are required also to bring with you the k
fallowing: (describe intelligibly the book, papers or documents required(
,
. ..3 t
2..2.6.040 Subpoena--By whom served. A subpoena may be served by the
defendant, or any other person over eighteen years of age, and shall be served
by the chief of police or under his direction within the city of Tigard when
delivered to him for service either to a witness on the part of the city or on
the part of the defendant
For statutory provisions regarding witnesses, see ORS [1.393 136.555 —
126_ _695; for Charter provisions allowing the municipality judge to compel
witnesses to appear in court, see Chapter V §21 of the Charter of the city of
Tigard.
ORDINANCE NO. 85-�fG2 E
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2.2.6,050 Subpoena---Manner of serving. The subpoena -hall be prepared
in duplicate and shall be served by delivering a copy to the witness
personally, and the original shall be returned to the clerk of the court with
proof of service made in the same manner as in the service of summons.
2.26,060 Witness fee--Designated. The fees of witnesses required to
attend the municipa.l court shall be five dollars for each day or any part
thereof in attendance before the municipal judge.
Every witness who is required to travel in order to execute or perform
his duties as a witness, from any point outside the city limits, is entitled
to mileage at the rate of eight cents per mile and no more in going to and
returning from the place where the service is performed.
2,26.070 Witness fee--Claiming. The clerk of the municipal court, on
application of a witness subpoenaed to attend municipal. court, shall enter in
the fee book under the title of the action in which the witness was subpoenaed
or recognized, the number, of days attendance and the number of miles
necessarily traveled in consequence of the subpoena. The clerk shall swear
the witness to the statement contained in that entry. The fees an 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 aftersards.
2.26.080 Testimony of witness. Any person present in court or before
the municipal judge may be required to testify :.n the same manner as if he
were in attendance before the court upon a subpo- ,a.
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.
2.26.100 Applicable state statutes adopted. ORS Sections 44.310,
44.320, 44.330, 44.340, 44.350, 44.360 and 44.370 with respect to oaths and
j arfirrations of witnesses; by virtue of authority of ORS 221..330, are adopted
by this reference, section by section, paragraph by paragraph, word by word,
in the entirety in all respects to the same legal force and effect as if set
forth herein in full.
OkDINPNGE W. as— 4X$C)
77
toy.•
Chapter 2.32
JAIL
Sections;
2.32.010 County jail facilities.
[2.32.020 Beaverton Municipal Jail facilities.]
[2.02.030, 2 32 O � Use o ccounty [and Beaverton] facilities.
2.32.010 County jai'. facilities. The County Jail of Washington
County, Oregon, at the Courthouse in Hillsboro, is designated as a jail
prison for the reception and confinement of prisoners of the city of Tigard, or
[2.32.020 Beaverton Municipal Jail facilities. The Municipal. Jail of
the city of Beaverton, at 450 S. Hall, Beaverton, Oregon, is designated as a
jail or prison for the reception and confinement of prisoners of the city of
Tigard.]
[2.32.030] 2_32.020
Use of county [and Beaverton] facilities. The
terms of the use of the facilities designated in Section[s] 2.32.U1U [and
2.32,020] by the city shall be in accordance with agreements entered into
between the city of Tigard and Washington County.
For Statutory provisions allowing a city by agreement to provide for a
jail, see ORS 169.030.
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ORDNANCE NO. 85 �%