[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]
It is hereby declared and ordained that the county jail of Clackamas
County is designated as the city jail for the city.
[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.
[Repealed by Ord. No. 1855, 12-28-1982]
[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.
[Repealed by Ord. No. 1441, 10-5-1971]
