Chapter 9.04 CRIMINAL CODE

Chapter 9.04
CRIMINAL CODE

Sections:

9.04.010 Oregon Criminal Code adopted.

(1) The most current versions of ORS Chapters 161, 162, 163, 164, 165, 166 and 167, as well as offenses described in the Oregon Vehicle Code and ORS Chapters 33, 137, 153, 471, 475, 476, and 480, are adopted by reference. Subject to the misdemeanor jurisdiction of the court, violation of an adopted provision of those chapters is an offense against this city and shall be punishable to the same extent as provided in the code or statute.

(2) The provisions of ORS Chapter 161 relating to defenses, burden of proof, general principles of criminal liability, parties, and general principles of justification apply to offenses defined and made punishable by city ordinance.

(3) The most current versions of the Oregon Revised Statutes concerning criminal law and violation procedures are applicable to the municipal court, including, but not limited to, the Oregon Evidence Code (ORS Chapters 40 and 41), ORS Chapters 131 through 138, 142, 144, 146, 147, 151, 153, 156 and 157, are adopted by reference.

(4) Except where the context clearly indicates a different meaning, definitions appearing in the general definitional and other particular sections of chapters adopted by subsection (1) of this section are applicable throughout this chapter. Where appropriate, references to “state” and “state statute” shall be deemed to also include “city” and “city ordinances.”

(5) The city police, city attorney, assistant city attorney, and municipal court, including the municipal court judge, judges pro tem, court clerk and deputy court clerks, shall have all the powers, duties, and responsibilities provided under the most current Oregon Revised Statutes applicable to investigation, prosecution, administration, and adjudication of criminal offenses and violations within the city of St. Helens and on city-owned property. (Ord. 3186 § 8, 2015; Ord. 3157 § 1, 2012; Ord. 3072 § 1, 2008; Ord. 3006 § 2, 2006; Ord. 2977 § 1, 2005; Ord. 2935 § 1, 2005)

9.04.020 Application of the law.

The statutes, codes and procedures adopted in SHMC 9.04.010 are expressly made applicable within the city limits of the city of St. Helens as well as outside the city limits when concerning offenses occurring on city-owned or controlled property located outside the city limits of the city of St. Helens, Oregon. (Ord. 2977 § 2, 2005)