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)
Civil infractions designated by ordinances of the City are classified
and the maximum forfeitures for commission of a civil infraction are
as follows:
A.
Class
A infraction, $1,000;
B.
Class
B infraction, $600;
C.
Class
C infraction, $250;
D.
Class
D infraction, $100.
(Ord. 173 § 7, 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)
