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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CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 2.24 of the Tigard Municipal Code(Exhibit A)is hereby repealed in its entirety.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 2-24-1 SE Update: II/OI 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 2-24-2 SE Update: 11/01 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 2-24-3 SE Update: 11/01