Chapter 2.30 JUDICIAL MATTERS

If a defendant appears in municipal court for arraignment without counsel, the defendant shall be informed by the court that it is the defendant’s right to have counsel before being arraigned, and shall be asked if the defendant desires the aid of counsel. [Ord. 2429, 2-5-96. Code 2001 § 37.01.]

2.30.020 Court-appointed counsel.

If, upon arraignment of a person accused of a misdemeanor, the person being arraigned appears without counsel, and the charge is not reduced to a violation by the city attorney’s office, the court shall appoint suitable counsel to represent the person if:

A. The accused requests the aid of counsel.

B. The accused makes a verified financial statement and provides other information in writing under oath showing the accused’s lack of ability to obtain counsel, and provides any other information required by the court as to the accused’s inability to obtain counsel.

C. It appears to the court that the accused is without means and is unable to obtain counsel. [Ord. 2429, 2-5-96. Code 2001 § 37.02.]

2.30.030 Fee for services.

A. Counsel appointed pursuant to NMC 2.30.020 shall, if the court so orders, be paid counsel’s necessary disbursements, and shall be paid on a per-hour basis, up to a maximum, as set by order of the presiding judge, for preparation and the disposition of a case.

B. Upon completion of all services, the court-appointed counsel shall submit to the court a statement of all reasonable expenses of investigation and preparation, paid or incurred, supported by appropriate receipts or vouchers. The court shall thereupon enter an order directing the city finance officer to pay to the court-appointed counsel the amount of those expenses and appropriate fees. [Ord. 2429, 2-5-96. Code 2001 § 37.03.]

2.30.040 Court assessments and fees on conviction.

In all cases where a defendant has been convicted or sentenced for an offense presented in municipal court, the municipal court judge may add costs to the amount of the fine, penalty or sentence imposed upon conviction according to a general order of the presiding judge. [Ord. 2429, 2-5-96. Code 2001 § 37.04.]

2.30.050 Resetting of fees by court order.

All fees, assessments or levies established herein are the minimum fee for each of the specified services, and may be increased from time to time by general order issued by the municipal court judge. Fees for court-appointed counsel, and court assessment may not be changed by general order issued by the municipal court judge. [Ord. 2429, 2-5-96. Code 2001 § 37.07.]

Article II. Jury Lists and Juries

2.30.060 Number of jurors – Verdicts.

A trial jury in the municipal court of the city shall consist of six persons, sworn to try and determine a question or questions of fact and selected and drawn as provided in this article. All six jurors must concur to render a verdict. [Ord. 1723, 3-4-74; Ord. 1454, 1-3-67; Ord. 1248, 8-3-59. Code 2001 § 37.20.]

2.30.070 Right to trial by jury.

In all prosecutions for any crime or offense defined and made punishable by the Charter or any ordinance of the City of Newberg, Oregon, and tried before the municipal judge of said city, the defendant shall be entitled to be tried by a jury if the defendant shall demand a jury. Any such defendant desiring to be tried by a jury, as aforesaid, shall make that demand, personally or by the defendant’s attorney, in writing, not later than five days after the time of the defendant’s arraignment. [Ord. 1609, 4-7-71; Ord. 1383, 9-8-64; Ord. 1248, 8-3-59. Code 2001 § 37.21.]

2.30.080 Juror qualifications.

In order to act as a juror in the municipal court of the City of Newberg, Oregon, a person must have the qualifications prescribed in ORS Chapter 10, and, in addition thereto, must be an inhabitant and registered voter within the City of Newberg at the time when the person is summoned. [Ord. 1248, 8-3-59. Code 2001 § 37.22.]

2.30.090 Jury list.

A. In November of each year, the court administrator or designee shall request a list of 300 names of electors, together with mailing labels, from the county clerk. The court clerk shall mail an explanatory letter and jury biography form to each potential juror. These forms shall be returned by the potential jurors by January 1st of the next calendar year. Jurors may request to be excused with explanation to the municipal court judge. Any nonexcused juror biographies shall be placed in a master notebook for use during the current calendar year.

B. The court clerk shall randomly pull 18 biographies for each trial needing a jury, and prepare a list for that trial. [Ord. 2733 Att. A, 2-7-11; Code 2001 § 37.23.]

2.30.100 Challenges.

The six persons drawn and summoned as hereinabove provided, including alternate jurors if necessary, shall constitute the jury for the trial of the case then pending before the municipal court of the city. Neither party shall be entitled to peremptory challenge as to any of said six jurors; but if any of said six jurors are found to be disqualified by challenge for cause, their places on the jury shall be filled by calling any alternate jurors not previously called in the order in which they were drawn and, if the trial jury cannot be so completed, by drawing from the jury box by the municipal judge in the manner hereinabove stated and subject to be disqualified for cause. [Ord. 1454, 1-3-67; Ord. 1248, 8-3-59. Code 2001 § 37.24.]

2.30.110 Summons.

The court clerk shall send by U.S. Mail a letter to summon each of the 12 jurors for the trial for which they are selected, indicating the date and time they are to appear. Jurors may contact the court clerk for excuse from the trial in certain circumstances, and those jurors would then be placed on the emergency alternate list for any future trial. [Code 2001 § 37.25.]

Article III. Pro Tem Municipal Judge

2.30.120 Office created.

There is created the office of pro tem municipal judge of the City of Newberg for officers of said city. [Ord. 1432, 8-1-66. Code 2001 § 37.40.]

2.30.130 Powers and duties.

The pro tem municipal judge shall have all the powers and shall exercise all of the duties of the municipal judge of the city, save and except that the pro tem municipal judge shall not preside at any jury trial in the municipal court of the city, although the pro tem municipal judge may act in connection with the formation of a jury in said court prior to the date of trial. [Ord. 1432, 8-1-66. Code 2001 § 37.41.]

2.30.140 Compensation.

The amount of compensation payable for the services of said pro tem municipal judge shall be provided by the council. [Ord. 1432, 8-1-66. Code 2001 § 37.42.]

Article IV. Uniform Civil Infraction Procedure

2.30.150 Establishment, purpose and title.

A. A procedure to handle violations of city ordinances as civil infractions, subject to the provisions set forth below, is continued, pursuant to Sections 5, 6 and 36 of the city Charter.

B. A civil infraction procedure has been established for the purpose of decriminalizing penalties for infractions of certain civil ordinances and for the purpose of providing a convenient and practical forum for the civil hearing and determination of cases arising out of said violations.

C. Acts or omissions to act which are processed pursuant to the provisions of this chapter or are designated an infraction by any city ordinance do not require a culpable mental state as an element of the infraction.

D. This chapter shall be known and referred to as the uniform civil infraction procedure ordinance and may also be referred to herein as “this chapter.” [Ord. 2163, 4-1-85. Code 2001 § 37.60.]

2.30.160 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Civil Infraction. The commission of an act or omission to act in a manner prescribed by this chapter or other city ordinance constituting breach or infringement of a section of a city ordinance or of this chapter constitutes a civil infraction and shall be handled in accordance with the procedures established by this chapter. “Civil infraction” does not include violations of other city ordinances where a criminal penalty is provided. When an infraction is of a continuing nature, except where specifically provided otherwise, a separate infraction will be deemed to occur on each calendar day the infraction continues to exist, and a separate citation may be filed for each such infraction.

“Enforcement officer” means the city manager or any designee or designees whom the city manager appoints by executive order or rule to enforce this chapter.

Forfeiture; Forfeiture Schedule. The only penalty to be imposed for an infraction is a monetary penalty called forfeiture. The forfeiture to be assessed for a specific infraction will be determined pursuant to specific provisions within the ordinance defining the infraction or the forfeiture schedule found in NMC 2.30.210. The procedure prescribed by this chapter shall be exclusive procedure for imposing a forfeiture; however, this section shall not be read to prohibit in any way any alternative remedies set out in ordinances or state statute or state law which are intended to abate or alleviate ordinance violations, nor shall the city be prohibited from recovering, in a manner prescribed by law, any expense incurred by it in abating or removing ordinance violations pursuant to any ordinance.

“Person” means any natural person or persons, firm, partnership, association or corporation.

“Prior contact” means:

1. Any prior contact between the enforcement officer and the responsible party regarding the alleged infraction, including but not limited to phone calls, personal oral communication, or a prior citation issued for the same or similar infraction.

2. Prior contact shall be deemed to occur without actual contact between the enforcement officer and a responsible party if the city has issued any permit, license, agreement, or written directive required by law or policy of the city in conjunction with the regulated activity. No time limit shall restrict prior contact which is deemed to have occurred under the terms of this section.

“Responsible party” means the person responsible for curing or remedying an infraction and includes:

1. The owner of the property or the owner’s manager or agent or other person in control of the property on behalf of the owner;

2. The person occupying the property including bailee, lessee, tenant or other person having possession;

3. The person who is alleged to have committed or authorized the commission of the infraction. [Ord. 2163, 4-1-85. Code 2001 § 37.61.]

Cross-reference: For municipal courts generally, see Chapter 221 of Title 21 ORS.

2.30.170 Infraction procedure.

A. Reporting. All reports or complaints of infractions covered by this chapter shall be made to the enforcement officer.

B. Review of Facts by Enforcement Officer. When an infraction covered by this procedure is reported to the enforcement officer, the enforcement officer may refuse to proceed further with the matter after a review of the facts and circumstances surrounding the alleged infraction, and upon making a determination that sufficient evidence does not exist to support the allegation that an infraction has occurred or if the enforcement officer deems it in the best interest of the city.

C. Prior Contact.

1. Before a uniform infraction citation and complaint is issued for a civil infraction, the enforcement officer may make a prior contact with the responsible party. Whether a prior contact is made, prior to issuance of a uniform infraction citation and complaint for a civil infraction, is solely within the sound discretion of the enforcement officer while enforcing the best interests of the city.

2. In making the prior contact, the following information shall be communicated to the responsible party:

a. Description or identification of the activity constituting the alleged infraction and identification of the recipient as being the responsible party for the infraction;

b. A statement that the enforcement officer has determined the activity to be an infraction;

c. A statement of the action required to remedy or cure the infraction and the time and/or date by which the remedy must be completed or begun;

d. A statement advising that, if the required abatement is not completed or commenced within the time specified, a uniform infraction citation and complaint will issue and that a forfeiture in the maximum amount provided by NMC 2.30.210 for that particular infraction could be imposed.

D. Written Agreement. When the enforcement officer considers it advisable, the enforcement officer may enter into a written agreement resolving the problems which gave rise to the complaint. The agreement shall be known as a voluntary compliance agreement and shall be binding on the responsible party. The fact that a person alleged to have committed a civil infraction enters into such an agreement shall not be considered an admission of having committed an infraction for any purpose.

E. Further Action. During the time allowed in the voluntary compliance agreement for the completion of necessary correction action, the city shall hold in abeyance further processing of the alleged violation. If all terms of the voluntary compliance agreement are satisfied, the city shall take no further action concerning the alleged violation other than those steps necessary to terminate the matter.

F. Compliance. The failure to comply with any term of the voluntary compliance agreement constitutes a separate Class 1 civil infraction and shall be handled in accordance with the procedures established by this chapter. The city may also proceed with processing the alleged infraction giving rise to the voluntary compliance agreement.

G. Issuance of Uniform Infraction Citation and Complaint.

1. If the responsible party with whom prior contact was made fails to cure or remedy the alleged infraction or if the enforcement officer does not make a prior contact, a uniform infraction citation and complaint signed by the enforcement officer or any citizen may be filed with the municipal court charging the responsible party with the civil infraction and setting a date for the responsible party to appear before the municipal court to answer said complaint.

2. The enforcement officer shall prescribe the form of the uniform infraction citation and complaint, but it shall consist of at least three pages. Additional pages may be inserted for administrative purposes by those charged with the enforcement of the ordinance. The required pages are:

a. The complaint;

b. The city department record; and

c. The summons.

3. Each of the three pages shall contain the following information:

a. The name of the court and the court’s file number;

b. The name of the person cited;

c. The infraction with which the person is charged;

d. The date, time and place the infraction occurred, or if the infraction is of a continuing nature, the date, time and place the infraction was observed by the enforcement officer, or the citizen signing the complaint;

e. The date on which the citation was issued;

f. The scheduled forfeiture for the alleged infraction; and

g. The time and place at which the person cited is to appear in court to answer the complaint.

4. The complaint shall contain a form of verification that the person signing the complaint swears that the person has reasonable grounds to believe, and does so believe, that the person committed the infraction.

5. The summons shall also contain notice to the person cited that the civil complaint will be filed in the municipal court of the city.

H. Summons. Service of the uniform infraction citation and complaint shall be made by personal service upon the responsible party. If personal service cannot be made then service of the uniform infraction citation and complaint shall be in accordance with the Oregon Rules of Civil Procedure.

I. Answer.

1. A person who receives a summons and complaint alleging an infraction shall answer such complaint by personally appearing to answer at the time and place specified therein; except an answer may be made by mail or personal delivery if received by the city within 10 days of the date of the receipt of the summons as provided in subsections (I)(2) and (3) of this section.

2. If the person alleged to have committed an infraction admits the infraction, the person may complete the appropriate answer on the back of each summons and forward the summons to the municipal court. Cash, check or money order in the amount of the forfeiture for the infraction alleged as shown on the fact of the summons shall be submitted with the answer. Upon receipt of the forfeiture, an appropriate order shall be entered in the municipal court records.

3. If the person alleged to have committed the infraction denies part or all of the infraction, the person may request a hearing by completing the appropriate answer on the back of the summons and forwarding the summons, together with security for court fees. Upon receipt, the answer shall be entered and a hearing date established by the municipal court. The municipal court shall notify the person alleged to have committed the infraction by return mail of the date of the hearing. The security received shall be returned upon appearance by the person alleged to have committed the infraction for the hearing, except as otherwise provided in this chapter. The security deposit may be waived in whole or in part at the discretion of the municipal court for good cause shown and upon written application of the person alleged to have committed the infraction setting forth the reason for requesting the waiver and certifying that the person alleged to have committed the infraction will attend the hearing when scheduled.

J. Hearing.

1. Every hearing to determine whether an infraction has been committed shall be held before the municipal court without a jury.

2. The defendant may be represented by legal counsel, but legal counsel shall not be provided at public expense. If legal counsel is to appear, written notice shall be provided to the municipal court 10 days prior to the hearing date.

3. The defendant shall have the right to present evidence and witnesses in the defendant’s favor, to cross-examine witnesses who testify against the defendant and to submit rebuttal evidence.

4. If the defendant alleged to have committed the infraction desires that witnesses be ordered to appear by subpoena, at the time the answer is returned, or subsequently by mail at any time at least 10 days prior to the scheduled hearing, a deposit for each witness shall accompany the request. Such deposit shall be refunded if no forfeiture is assessed by the final order. The deposit shall be in the amount equal to the witness fee in Circuit Court. Subject to the same 10-day limitation, the enforcement officer, the citizen who signed the complaint or the city attorney, as appropriate, may also request in writing that the court order certain witnesses to appear by subpoena. If a forfeiture is declared in the final order, the order shall also provide that the defendant shall pay any witness fees payable in connection with the hearing.

5. The hearing shall be limited to production of evidence only on the infraction alleged in the complaint.

a. Oral Evidence. Oral evidence shall be taken only on oath or affirmation.

b. Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.

c. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.

d. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.

6. The complainant or, if the city is the complainant, the enforcement officer shall have the burden of proving the alleged ordinance infraction by a preponderance of the evidence.

7. After due consideration of the evidence and arguments presented at the hearing, the court shall determine whether the infraction as alleged in the complaint was committed. When the infraction has not been proven, an order dismissing the complaint shall be entered in the municipal court records. A copy of the order shall be delivered to the person named in the order personally or by mail. When the court finds that the infraction was committed, and upon written request by a party to the hearing, the order shall include a brief statement of the necessary findings of fact to establish the infraction alleged.

8. Upon a finding that an infraction has occurred, the court shall assess a forfeiture pursuant to the schedule established in accordance with this chapter, plus court costs and witness fees. The municipal court judge is authorized to set reasonable court costs, including security for court fees, by court order.

9. Any written documents, correspondence or physical evidence associated with the matter shall be retained by the municipal court until disposed of by order of the municipal court.

10. The determination of the municipal court shall be final. Review of the court’s determination shall be to the Circuit Court by writ of review pursuant to ORS Chapter 34. [Ord. 2163, 4-1-85. Code 2001 § 37.62.]

Cross-reference: See Oregon Rules of Civil Procedure Section 7(D).

2.30.180 Enforcement.

A. If a cited person fails to answer the summons or appear at a scheduled hearing as provided herein, a default judgment shall be entered for the scheduled forfeiture applicable to the charged infraction. In addition, when a person fails to appear for a hearing, the security posted, or an amount equal to the security waived, shall be ordered forfeited. Nothing in this chapter shall be construed to limit in any way the contempt powers of the municipal judge granted by the Charter or state law, and the judge may exercise those powers as the judge considers necessary and advisable in conjunction with any matter arising under the procedures set forth in this chapter.

B. Any forfeiture assessed is to be paid no later than 10 days after the receipt of the final order declaring that forfeiture. Such period may be extended upon order of the municipal judge.

C. Delinquent forfeitures and those brought to default judgment which were assessed for infractions may in addition to any other method be collected or enforced pursuant to ORS 30.310 or 30.315. [Ord. 2163, 4-1-85. Code 2001 § 37.63.]

Cross-reference: For municipal courts generally, see Chapter 221 of Title 21 ORS.

2.30.190 Lien filing and docketing.

A. When a judgment is given in municipal court in favor of the city for the sum of $10.00 or more, exclusive of costs or disbursements, the enforcement officer may, at any time thereafter while the judgment is enforceable, file with the city recorder a certified transcript of all those entries made in the docket of the municipal court with respect to the action for which the judgment was entered.

B. Thereupon, the city recorder shall enter the judgment of the municipal court on the city lien docket.

C. From the time of the entry of the municipal court judgment in the city lien docket, the judgment shall be a lien upon the real property of the person against whom judgment was entered in the municipal court. Except as provided in subsection (D) of this section, entry of the municipal court judgment in the city lien docket shall not thereby extend the lien of the judgment more than 10 years from the original entry of the judgment in the municipal court.

D. Whenever a judgment of the municipal court which has been entered pursuant to this section is renewed by the municipal court, the lien established by subsection (C) of this section is automatically extended 10 years from the date of the renewal order.

E. The city recorder may file the transcript of the judgment with the county clerk for entry in the judgment docket of the Circuit Court. [Ord. 2163, 4-1-85. Code 2001 § 37.64.]

2.30.200 Enforcement officer authorized to promulgate rules.

The enforcement officer is authorized to promulgate any rules, procedures or guidelines the enforcement officer considers advisable to enforce this chapter. [Ord. 2163, 4-1-85. Code 2001 § 37.65.]

2.30.210 Schedule of forfeitures.

A. Infractions are classified for the purpose of determining forfeitures in the following categories:

1. Class 1 civil infractions.

2. Class 2 civil infractions.

3. Class 3 civil infractions.

4. Class 4 civil infractions.

5. Class 5 civil infractions.

B. An assessment of a forfeiture for an infraction shall be an assessment to pay an amount not exceeding:

1. One thousand dollars for a Class 1 civil infraction;

2. Five hundred dollars for a Class 2 civil infraction;

3. Two hundred fifty dollars for a Class 3 civil infraction;

4. One hundred dollars for a Class 4 civil infraction;

5. Fifty dollars for a Class 5 civil infraction.

C. Infraction of specific city ordinances are classified as follows:

Uniform Citation and Complaint – Fine Schedule
Description	NMC Section	Class	Fine
Disorderly Conduct and Related Offenses
Disorderly conduct at fires	9.05.070	1	$1,000
Abuse of venerated objects	9.05.080	1	$1,000
Weapons and Fireworks
Concealed weapons	9.30.010	1	$1,000
Discharge of weapons	9.30.020	1	$1,000
Fireworks	9.05.100	1	$1,000
Offenses Against Property
Trespass	9.25.010	1	$1,000
Violating privacy of another	9.25.020	1	$1,000
Mischief	9.25.030	1	$1,000
Aggravated mischief	9.25.040	1	$1,000
Theft	9.25.060	1	$1,000
Willful detention of library property	2.15.110		$25.00 (+ cost of book)
Shoplifting less than $50.00	9.25.050		$1,000
Minors
Child neglect	9.20.010	1	$1,000
Children confined in vehicle	9.20.020	1	$1,000
Endangering welfare of minor	9.20.030	1	$1,000
Places of amusement	9.20.050	1	$1,000
Misrepresentation of age by minor	9.20.060	1	$1,000
Delivery to minors of prohibited medicine sample	9.10.050(C)	1	$1,000
Animals
Cruelty to animals	6.05.120	1	$1,000
Duty of driver of vehicle injuring animal	6.05.130	1	$1,000
Dangerous dogs at large	6.10.030	4	$100.00
Dogs at large	6.10.070	5	$50.00
Dogs must be leashed or controlled	6.10.070	5	$50.00
Animals at large	6.05.020	4	$100.00
Dangerous animal	6.05.090	1	$1,000
Unlawful keeping of livestock	6.05.030	4	$100.00
Unpermitted keeping of wild or domestic animals and fowl	6.05.040	4	$100.00
Failure to remove animal carcass	6.05.110	1	$1,000
Obstructing Governmental Administration
Unsworn falsification	9.15.010	1	$1,000
Obstructing governmental administration	9.15.020	1	$1,000
Tampering with public records	9.15.030	1	$1,000
Impersonation of public servant	9.15.040	1	$1,000
False reports	9.15.050	1	$1,000
Resisting or obstructing an officer	9.15.060	1	$1,000
Escape	9.15.070	1	$1,000
Interfering with police and fire communications	9.15.080	1	$1,000
Delivering contraband to prisoners	9.15.090	1	$1,000
Nuisances Affecting Public Safety
Abandoned icebox	8.15.060	2	$500.00
Snow and ice removal	8.15.080	2	$500.00
Scattering rubbish	8.15.090	2	$500.00
Unnecessary noise without permit	8.15.150	2	$500.00
Unlawful businesses	8.15.160	2	$500.00
Street, Sidewalk and Littering Offenses
Obstruction of building entrances	9.25.070	1	$1,000
Obstruction of sidewalks	9.25.080	1	$1,000
Expectoration (spitting)	9.25.090	1	$1,000
Obstruction of fire hydrants	14.05.300	1	$1,000
Littering	9.25.130 et seq.	2	$500.00
Placement of litter in receptacle so as to prevent scattering	9.25.160	2	$500.00
Litter thrown by persons in vehicles	9.25.180	2	$500.00
Littering from aircraft	9.25.240	2	$500.00
Structures on street/alley without permit	12.05.210	5	$50.00
Construction use street/alley without permit	12.05.220	5	$50.00
Merchandise on sidewalks/parking without permit	12.05.230	5	$50.00
Trees/shrubs interfering with street/sidewalk	8.15.100	2	$500.00
Sign placed in public right-of-way without permit	15.435.110(E)	4	$100.00 (reduced to $50.00 if first offense and paid within 10 days of receipt of summons or upon date of final judgment)
Offenses Involving Alcohol
Public intoxication	9.05.060	1	$1,000
Providing liquor to minor	9.35.020(A)	2	$500.00
Providing liquor to visibly intoxicated person	9.35.020(B)	1	$1,000
Permitting visibly intoxicated person to consume liquor on licensed premises	9.35.030(A)	1	$1,000
Bartender consuming liquor while on duty	9.35.030(B)	1	$1,000
Purchase of liquor by minor	9.35.040		$1,000
Possession of liquor by minor	9.35.040	1	$1,000
Loitering of minor on licensed premises	9.35.060	1	$1,000
Person not permit minor to drink or loiter on licensed premises	9.35.060	1	$1,000
Delivering or selling liquor to minor	9.35.080	1	$1,000
Unlicensed person selling liquor	9.35.090		$1,000
Permitting visibly intoxicated person on licensed premises	9.35.100	1	$1,000
Bringing liquor upon licensed premises	9.35.110	1	$1,000
Improper disposal of liquor container	9.35.120	1	$1,000
Lawful hours for sale of liquor	9.35.130	1	$1,000
Misrepresentation of true age of minor	9.35.140	1	$1,000
Consuming liquor in public place	9.35.160	1	$1,000
Liquor in public dance hall prohibited	9.35.170	1	$1,000
Controlled Substances
Delivery of drug paraphernalia to minor	9.10.050(C)		$2,500
Possession of drug paraphernalia with intent to use	9.10.050(A)	2	$500.00
Manufacture or delivery of drug paraphernalia with intent to use	9.10.050(B)	1	$1,000
Advertisement for drug paraphernalia			$200.00
Begging, Soliciting and Handbills
Begging	5.15.060	2	$500.00
Soliciting or peddling without a permit	5.15.060	2	$500.00
Bicycles, Scooters, Skateboards, Roller Blades, Etc.
Riding within prohibited riding areas	10.20.030, 10.20.040	2	$50.00
Failure to obey traffic laws while on bike	10.20.070	2	$50.00
Nuisances Affecting Public Health
Urinating or defecating in public places	9.05.090	2	$500.00
Allowing garbage to accumulate	8.15.040	2	$500.00
Allowing junk to accumulate	8.15.050	2	$500.00
Parking and Storage
Improper parking	10.15.010	5	$50.00
Improper storage of motor vehicle on street	10.15.030	5	$50.00
Improper use of loading zone	10.15.040	5	$50.00
Leaving unattended vehicle	10.15.050	5	$50.00

D. Ordinances enacted after the effective date of the ordinance codified in this chapter which require a forfeiture provision for their enforcement shall expressly incorporate the infraction procedure set out herein and classify violations in accordance with this section. [Ord. 2706 § 1 (Exh. A(3)), 10-6-08; Ord. 2583, 1-20-04; Ord. 2163, 4-1-85. Code 2001 § 37.66.]

2.30.220 Infraction.

A violation of this chapter shall constitute a separate Class 2 civil infraction under NMC 2.30.210. [Ord. 2163, 4-1-85. Code 2001 § 37.67.]

2.30.230 Separate infractions.

A. Each day’s violation of a provision of this article constitutes a separate Class 2 civil infraction under NMC 2.30.210.

B. The requirement to abate a nuisance is not a penalty for violating nuisance ordinances, but is an additional remedy. The imposition of a civil infraction forfeiture does not relieve a person of the duty to abate a nuisance. [Ord. 2163, 4-1-85. Code 2001 § 37.68.]

2.30.240 Nonexclusive remedy.

The procedures and remedies contained in this chapter shall not be read to prohibit in any way any alternative remedies set out in ordinances or state statutes or state law which are intended to alleviate ordinance violations or abate nuisances and the procedures set forth in this chapter shall not be prerequisites for utilizing any of said alternative remedies. [Ord. 2163, 4-1-85. Code 2001 § 37.69.]

Cross-reference: For municipal courts generally, see Chapter 221 of Title 21 ORS.

2.30.250 Uniform Citation and Complaint (UCC).

A. Adopted. The Oregon Uniform Citation and Complaint (UCC) Form is adopted by the City of Newberg as the citation and complaint form to be used in the Newberg municipal court. The form may be used when citing individuals for violations and when filing a complaint for violations of city ordinances and regulations.

B. Form. The Oregon Uniform Citation and Complaint (UCC) Form shall be substantially the form which is attached and by this reference incorporated. Such UCC Form shall be deemed sufficient for purposes of informing the defendant of the nature, time and place of the offense. [Ord. 2448, 8-5-96; Ord. 1703, 8-20-73. Code 2001 § 37.70.]

Article V. Penalty

2.30.260 Penalty.

If the person duly summoned to attend the municipal court as a juror fails to attend as required or to give a valid excuse for the failure to attend, the person shall have committed a city Class 5 civil infraction and shall be processed in accordance with the procedure set forth in the uniform civil infraction procedure ordinance provisions of this chapter. [Ord. 2163, 4-1-85; Ord. 1248, 8-3-59. Code 2001 § 37.99.]