The procedures set forth in this chapter shall be applicable to all civil infractions so designated by existing ordinances of the City and all future ordinances designating a violation as a civil infraction.
(Ord. 173 § 1, 1995)
The purpose of this chapter is to provide a convenient and practical forum for a civil hearing and determination of cases arising out of violations of City ordinances denominated as civil infractions.
(Ord. 173 § 2, 1995)
As used in this chapter, unless the context requires otherwise:
means a violation of a city ordinance designated as civil infraction.
means the penalty imposed for a civil infraction if a violation is found to have been committed.
means any person, firm, partnership, corporation or association of persons.
(Ord. 173 § 3, 1995)
A.
The City Attorney, City Recorder, code enforcement officer, City Planner or Director of Public Works are authorized to enforce violations of City ordinances designated as infractions.
B.
The City Recorder, code enforcement officer, City Planner or Director of Public Works, in enforcing ordinances designated as infractions pursuant to this chapter, may issue citations to any violator. If the person to be issued a citation is a firm, corporation or any other organization, issuance of a citation to any employee, agent or representative thereof shall be sufficient to confer jurisdiction upon the municipal court.
(Ord. 173 § 4, 1995)
No person may be arrested or detained for violation of a City ordinance denominated as a civil infraction.
(Ord. 173 § 5, 1995)
A.
The citation and complaint issued for civil infractions should be in a form as approved by the City Attorney and should contain:
1.
The name of the City municipal court, the name of the City or City department in whose name the action is brought and the name of the defendant;
2.
A statement or designation of the offense in such manner as can be understood by a person making a reasonable effort to do so and the date, time and place of which the offense is alleged to have occurred;
3.
The signature of the complainant and a statement that the complainant has reasonable grounds to believe that the person cited committed the offense contrary to law.
B.
The citation and complaint shall be signed by the City Recorder, code enforcement officer, City Planner or Director of Public Works.
C.
Nothing prohibits the municipal court from amending the citation in its discretion, at any time.
(Ord. 173 § 6, 1995)
A.
When a defendant is served with a civil infraction citation the defendant shall either appear in court at the time indicated in the summons or, prior to such time, deliver to the court the summons, together with a check or money order in the amount of the forfeiture set forth in the summons, and enclose therewith:
1.
A request for hearing;
2.
A statement of matters in explanation or mitigation of the events resulting in the charge of a violation; or
3.
The executed appearance, waiver of hearing, and admission appearing on the summons. A statement in explanation or mitigation may also be enclosed with the admission of a civil infraction.
B.
In any case in which the defendant personally appears in court at the time indicated in the summons, if the defendant desires to admit the civil infraction and the judge decides to accept the plea, the judge shall hear any statement in explanation or mitigation that the defendant desires to make.
C.
If the defendant has submitted to the court any written statement in explanation or mitigation, the statement constitutes a waiver of hearing and consent to judgment. The court may declare a forfeiture on the basis of the statement and any testimony or written statement of an authorized city enforcement officer or any other person which may be presented to the court.
(Ord. 173 § 8, 1995)
The court, on its own motion, may direct that a hearing be held for any civil infraction and may enter the appropriate judgment, declare a forfeiture, and remit to the defendant any amount by which the forfeiture assessed is less than the amount posted by the defendant pursuant to Section 1.12.080.
(Ord. 173 § 9, 1995)
A.
Hearing Notice. If the defendant requests a hearing under Section 1.12.080, or the court directs that a hearing be held, the court shall fix a date and time for the hearing and, unless notice is waived, shall, at least five days in advance of the hearing, mail to the defendant a notice of the date and time so fixed.
B.
Requirements and Procedures.
1.
Trial of a civil infraction shall be by the court without a jury.
2.
Trial of a civil infraction shall not commence until the expiration of not less than seven days from the date of the citation or the infraction unless the defendant waives the seven-day period.
3.
The City shall have the burden of proving the alleged civil infraction by a preponderance of the evidence.
4.
The pretrial discovery rules of ORS Chapter 135 shall apply to civil infractions prescribed pursuant to this chapter.
5.
The defendant may not be required to be a witness at a hearing of any infraction pursuant to this chapter.
6.
Proof of culpable mental state is not an element of a civil infraction.
(Ord. 173 § 10, 1995)
A.
The City Attorney shall have the authority to prosecute any violation of a City ordinance denominated as a civil infraction.
B.
At any hearing involving a city ordinance infraction, the City Attorney may aid in preparing evidence and obtaining witnesses but shall not appear unless counsel for the defendant appears or if directed by the City Council.
(Ord. 173 § 11, 1995; Ord. 294, Amended, 12/16/2010)
The procedure prescribed by this chapter shall be the exclusive procedure for imposing forfeiture; however, this chapter shall not prohibit any other alternative remedies set forth in this code or the laws to the state, including, but not limited to, the abatement of nuisances.
(Ord. 173 § 12, 1995)
In addition to any other remedy provided in this chapter, the City Recorder may deny or revoke any city license or permit held or applied for by a person owing a forfeiture to the City assessed pursuant to this chapter.
(Ord. 173 § 13, 1995)
In any case where a forfeiture assessed by the court is not paid, or where there is a default judgment, the City Recorder shall enter into the lien docket of the City and may enter it into the lien docket of Lincoln County, Oregon, the amount of the forfeiture against any real or personal property of the defendant within the City, and the forfeiture, after being filed as a lien, shall be collected in the same manner as other liens owing to the City or in any other manner allowed by law for the collection of a debt.
(Ord. 173 § 14, 1995)
When a civil infraction is of a continuing nature, a separate infraction will be deemed to occur on each calendar day that the civil infraction continues, and a separate citation may be issued for each such civil infraction.
(Ord. 173 § 15, 1995)