[Ord. No. 644, 12-1-1959; Ord. No. 1855, 12-28-1982; Ord. No. 2084, Amended, 1-4-1994]
The municipal judge shall have all inherent and statutory powers and duties of a justice court within the jurisdictional limits of the City. The municipal judge may prepare and enforce rules for the conduct of court activity not inconsistent with this chapter, the City Code and Charter and State law. The municipal judge may exercise the contempt powers allowed under ORS Chapter 33 or recognized by common law and may impose sentence for contempt by a fine of not more than One Thousand Dollars ($1,000) or by imprisonment for not more than six months or by both fine and imprisonment.
[Ord. No. 2380, Add, 4-1-2004]
As authorized by ORS 221.342 (Section 3, Chapter 682, Oregon Laws 1999, as amended by Section 7, Chapter 687, Oregon Laws 2003) the Lake Oswego Municipal Court is hereby declared to be a court of record, effective April 1, 2004.
[Ord. No. 1855, 12-28-1982]
Whenever in this Code reference is made to the Municipal Court, depending on the context, it shall mean the location which the Municipal Judge establishes for the conduct of judicial business, the Court Clerk’s office, or a member of the Court staff.
[Ord. No. 1419, 2-16-1971; Ord. No. 1855, 12-28-1982; Ord. No. 2084, Amended, 1-4-1994; Ord. No. 2231, Amended, 3-21-2000]
Whenever in this Code, or in any ordinance of the City, or in any other law or statute incorporated by reference into the Code and ordinances of the City, any act is prohibited or is made or declared to be unlawful or an offense or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense and where no specific penalty is provided for, the violation of any such provision of this Code and ordinances of the City shall be punished as a civil violation and shall be punished by a fine only, not exceeding One Thousand Dollars ($1,000); provided, however, if the same offense is punishable under both the Code or ordinances of the City and the laws of the State of Oregon, then the maximum penalty for violation of the Code or ordinance shall not exceed the maximum penalty under State law. When a violation or offense is of a continuing nature a violation will be deemed to occur for each day the violation exists. Regardless of whether the offense charged is a violation or a crime, in an appropriate case and upon finding the offense to have been committed by the person so charged the Court may order the person to perform community services in lieu of paying a fine.
[Ord. No. 388, 6-29-1941]
The words "city jail" or "municipal jail", whenever used in the ordinances or Charter of the city, shall be held to mean the county jail of Clackamas County; and the police and judicial authorities of the city are hereby authorized and directed to use the county jail of Clackamas County as the city jail.
[Ord. No. 316, 8-3-1943; Ord. No. 823, 5-1-1962; Ord. No. 1855, 12-28-1982; Ord. No. 2231, Amended, 3-21-2000]
Any person who fails or refuses to pay any fine imposed by the court upon conviction of any violation or crime and who is shown by preponderance of the evidence to have a present ability to pay such fine, may be confined to jail. Such incarceration is in the nature of indirect contempt of court and is not intended to provide criminal penalties upon mere violations. Such penalty shall not be imposed without first affording the person an opportunity to be heard on the matter.