Chapter 2.40
MUNICIPAL COURT1
Sections:
2.40.010 Judge – Business hours – Assistance by police chief.
2.40.030 Applicability of state laws.
2.40.060 Nonpayment of fines and costs.
2.40.010 Judge – Business hours – Assistance by police chief.
(1) The municipal judge shall be the chief judicial officer of the city. The court shall be open for the transaction of judicial business during the usual business hours of each day; provided, however, that trial of any cause may be at any hour and day except Sunday, and that complaint may be filed and warrant may issue and be served from the court on any day.
(2) The police chief shall assist the municipal judge in the service of the subpoenas, notices of jury duty and such other orders of the court as are necessary for the proper conduct thereof. [Added during 1979 codification. Code 2002 § 2.24.010].
2.40.020 Jurisdiction.
A municipal judge shall exercise original and exclusive jurisdiction of all violations and defenses defined and made punishable by this code or any other ordinance of the city, and of all actions brought to recover or enforce forfeitures or penalties defined or authorized by this code or other ordinances of the city, and all state offenses which may be brought in municipal court; and, in addition to the powers granted generally by the charter, the Constitution of the state, and the statutes of the state. [Ord. 269 § 5, 1995. Code 2002 § 2.24.020].
2.40.030 Applicability of state laws.
Except as otherwise provided by the ordinance or charter, proceedings in municipal court for the violation of this code or any other city ordinance shall be governed by the applicable general laws of the state governing powers, function and jurisdiction of municipal courts according to the laws contained in ORS Chapters 153 and 221. [Ord. 269 § 6, 1995. Code 2002 § 2.24.030].
2.40.040 Court costs.
(1) There shall be assessed an amount of $30.00 as court costs in each case on the matters brought before the municipal court.
(2) Court costs shall be assessed against each defendant being cited into municipal court for any violation of this code or city ordinances or state offense which may be prosecuted in municipal court, whether defendant appears, fails to appear, or is convicted after a trial, except violations of Chapter 6.05 SMC and violations of the code pertaining to motor vehicle parking violations and regulations, unless a warrant is issued to force the defendant’s appearance.
(3) Court costs shall be separate and distinct from any fine or other penalty imposed for any violation prosecuted in the municipal code. They shall be considered statutory in nature and may not be suspended or otherwise disposed of. The municipal court judge, upon good cause shown, may suspend or defer court costs in the appropriate case. Monies collected as court costs as in this code provided shall be disposed of and handled in the manner in which other fines and penalties occurring from other matters in municipal court are disposed of.
(4) All defendants posting bail shall be required, upon their conviction, to post the additional sum of court costs as in this section provided. In the event of a trial on the merits of the case resulting in acquittal or upon a dismissal of the case for any cause, the court costs shall be reimbursed to the defendant. [Ord. 269 § 11, 1995; Ord. 143 § 3, 1981. Code 2002 § 2.24.080].
2.40.050 Sentencing.
(1) 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.
(2) 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 specified installments. If no such permission is included in the sentence by the judge, the defendant shall pay the fine immediately. [Ord. 269 § 12, 1995. Code 2002 § 2.24.090].
2.40.060 Nonpayment of fines and costs.
(1) When a defendant sentenced to pay a fine defaults in the payment thereof, or any installment, the court on motion of the city attorney shall 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.
(2) 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 interest from the date of the conviction. The city may use any legal remedy available to collect said judgment.
(3) 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.
(4) 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. [Ord. 269 § 13, 1995. Code 2002 § 2.24.100].
For statutory provisions on juries, see ORS Ch. 10; for provisions on trial by jury in criminal cases, see ORS 221.349.