Chapter 2.32
MUNICIPAL COURT
Sections:
2.32.010 Municipal court – Judicial authority.
2.32.030 Pro tempore municipal judge.
2.32.050 Municipal court – Procedure.
2.32.070 Contempt of court – Sanctions.
2.32.090 Nonpayment of fines and costs.
2.32.100 Violations bureau established.
2.32.010 Municipal court – Judicial authority.
The municipal judge shall have all inherent statutory powers and duties of a municipal judge within the jurisdictional limits of the city. In addition to the powers set forth in the Dundee City Charter, the municipal judge may accomplish by any lawful means the serving of subpoenas, summonses, and all other orders of the court necessary for the proper conduct thereof and, within the limit set by the penalty and state law or local ordinance, may prescribe bail, security deposit, fine or forfeiture and impose assessments for violation of any provision of this code. The judge shall have the authority to create a minimum fine and bail schedule consistent with state law. The municipal judge shall have authority to establish, impose and collect costs in addition to regular fines in all cases coming before the municipal court. In all cases, the costs shall be added to any fine, penalty or sentence imposed; provided, the court in its discretion, in justifiable cases, may waive payment of all or part of the costs and disbursements. [Ord. 528-2014 (Exh. A)].
2.32.020 Municipal judge.
The office of municipal judge, as required by the Dundee City Charter, is created. The holder of the office shall be admitted to the practice of law in the state of Oregon. Appointment and removal of the municipal judge by the mayor shall require the prior consent of the city council. The compensation of the municipal judge shall be determined by action of the city council. [Ord. 528-2014 (Exh. A)].
2.32.030 Pro tempore municipal judge.
The municipal judge shall, in consultation with the city administrator, appoint a pro tempore municipal judge only when the municipal judge is unable to perform the duties of municipal judge by reason of absence from the city, illness, vacation or disqualification by personal knowledge or relationship to the cause before the municipal judge or for some other reason that the municipal judge cannot act in any particular matter. An appointment of a pro tempore municipal judge serving longer than 60 consecutive days shall require confirmation by the city council. [Ord. 528-2014 (Exh. A)].
2.32.040 Court hours.
The city administrator, in consultation with the municipal judge, shall specify the times during which the court shall be open for business. The municipal judge shall establish by appropriate order a regular time for holding court session. In addition to the time established by order of the court, municipal court may be held at such other times as the judge deems necessary for the protective rights of a person charged with violations. [Ord. 528-2014 (Exh. A)].
2.32.050 Municipal court – Procedure.
A. All proceedings in municipal court shall be governed by the Dundee City Charter, the general laws of the state of Oregon applicable to municipal judges and municipal courts, except as otherwise prescribed by ordinance or by rule of the court.
B. The judge may, by court rules not inconsistent with the laws of the state of Oregon applicable to justices of the peace and justices’ courts, set forth trial procedures for the conduct of trials in the municipal court.
C. A party may represent themselves before the Dundee municipal court; however, only an attorney licensed to practice law in Oregon may represent another party before the court.
D. Appeals to the conviction and sentence imposed by the municipal court to the Yamhill County Circuit Court shall be filed with the municipal court within 30 days of the date of sentencing, along with payment of the nonrefundable filing and transcript fees as set by the Circuit Court. [Ord. 528-2014 (Exh. A)].
2.32.060 Contempt of court.
The following acts or omissions, in respect to the municipal court or proceeding therein, are contempts of the authority of the court:
A. Disorderly, contemptuous or insolent behavior toward the judge, while holding the court, tending to impair the court’s authority or to interrupt the due course of a trial or other judicial proceeding;
B. A breach of the peace, boisterous conduct or violent disturbance tending to interrupt the due course of a trial or other judicial proceeding;
C. Misbehavior in office or other willful neglect or violating of duty by an attorney, clerk, police officer or other person appointed or selected to perform a judicial or ministerial service;
D. Deceit or abuse of the process or proceedings of the court by a party to a proceeding;
E. Disobedience of any lawful judgment, decree, order or process of the court;
F. Any other unlawful interference with the process or proceedings of the court;
G. Disobedience of a subpoena duly served or refusing to be sworn or answer as a witness. [Ord. 528-2014 (Exh. A)].
2.32.070 Contempt of court – Sanctions.
The judge of the municipal court shall have the power to impose sanctions for contempt of court as authorized by ORS 33.105. [Ord. 528-2014 (Exh. A)].
2.32.080 Sentencing.
A. The municipal judge may, as a condition of sentence after conviction, order that any such defendant convicted of any municipal ordinance or state or county statute subject to the jurisdiction of the court pay any such fine and/or court costs as mandated by said statute or ordinance.
B. When a defendant is sentenced to pay a fine or costs, the court may grant permission for payment to be made within a specified period of time or in specific installments. The court may assess a reasonable fee for administration of installment payments. If no such permission is included in the sentence by the judge, the defendant shall pay the fine immediately.
C. When a defendant sentenced to pay a fine or costs is also placed on probation or imposition or execution of a sentence is suspended, the court may make payment of the fine or costs a condition of probation or suspension of sentence. [Ord. 528-2014 (Exh. A)].
2.32.090 Nonpayment of fines and costs.
A. When a defendant sentenced to pay a fine defaults in the payment thereof, or any installment, the court on motion of the city attorney may commence proceedings to impose punitive sanctions for contempt as provided in ORS 33.065. The contempt proceedings shall be governed by the procedures established in ORS Chapter 33.
B. Upon the defendant’s failure to pay a fine for violation of a traffic offense as defined in ORS 153.500 et seq., the municipal court shall notify the Department of Motor Vehicles of said failure to pay the fine as required by the court and defendant’s driving privileges may be suspended pursuant to ORS Chapter 809 et seq. The court shall add a fee for each violation to process suspension of driving privileges under this subsection.
C. In the case where the defendant has been convicted of a traffic violation pursuant to ORS 153.630 and has failed to pay the fine as ordered by the court, the defendant shall be personally liable to the city pursuant to ORS 153.635 and the city shall have judgment against the defendant in the amount of the fine plus a fee to cover the cost of collection. The city may use any legal remedy available to collect said judgment.
D. If defendant fails to pay any fine ordered by the court pursuant to the defendant’s conviction of any municipal ordinance, the city may enter the amount of the fine plus interest as a civil judgment. The city may use any legal remedy necessary to collect said judgment. [Ord. 528-2014 (Exh. A)].
2.32.100 Violations bureau established.
There is established a violations bureau which shall operate under the supervision of the Dundee municipal court. The Dundee municipal court shall designate by order the specific traffic, parking, pedestrian and other infractions which may be processed by the violations bureau. The violations bureau shall be authorized to receive the specified monetary penalties for such infractions. The violations bureau, upon accepting the prescribed monetary penalty, shall issue a receipt therefor to the alleged violator. [Ord. 528-2014 (Exh. A)].