ORDINANCE NO. 1982

(An ordinance amending Chapters 1.12, 2.16, Title 9 and Title 10 of the Hood River Municipal Code—Municipal Court Transition Project)


 WHEREAS, prior to the 2009-2010 fiscal year, both criminal and civil violations were cited into the Municipal Court of the City of Hood River;

 WHEREAS, beginning with the 2009-2010 fiscal year, the City Council removed crimes from the Municipal Court’s jurisdiction and directed that all crimes be cited into the Circuit Courts for the State of Oregon;
 
 WHEREAS, the following amendments to the Hood River Municipal Code update the Code consistent with this transition;


NOW, THEREFORE, THE CITY OF HOOD RIVER ORDAINS AS FOLLOWS:

Section 1.  Chapter 1.12 of the Hood River Municipal Code is amended to read as follows:

CHAPTER 1.12 - VIOLATIONS, PENALTY. ENFORCEMENT, DEFAULT


SECTIONS:
1.12.010 Violations - Penalty
1.12.020 Offenses Separable
1.12.030  Enforcement Authority; Form of Citation
1.12.040 Default Judgment
1.12.050  Lien Filing and Docketing
1.12.060 Non-Exclusive Remedy


1.12.010 Violations - Penalty.   Except as an ordinance may specifically provide otherwise, a violation of a city ordinance is a violation punishable by a fine in an amount set by City Council resolution.  An ordinance may classify a violation of the ordinance as a Class A, Class B, Class C or Class D violation in addition to any other penalties provided for in that ordinance.  The fine for each violation class is set by resolution of the City Council.  If the ordinance does not classify the violation, the ordinance may set a maximum fine for a violation of the ordinance.  In the absence of a classification or fine, violation is a Class B violation.

1.12.020 Offenses Separable.  Each and every day during any portion of which any provision of an ordinance is violated is a separate violation, unless the ordinance specifically provides otherwise.


1.12.030  Enforcement Authority; Form of Citation.  All sworn law enforcement officers, including those designated by the city as code enforcement officers, are authorized to issue citations or summonses and complaints for all violations of city ordinances that provide for monetary penalties or for forfeiture of property or both.  The form of citation or summons shall conform to the uniform citation form for violations as prescribed by the Oregon Supreme Court and the minimum requirements of ORS 153.045-153.051.

1.12.040  Default Judgment.

A.  If a cited person fails to answer the summons and appear at a scheduled hearing as provided herein, a default judgment shall be entered on for the scheduled fine applicable to the charged violation.  In addition, when a person fails to appear for a hearing, the security posted, or an amount equal to the security waived, shall be ordered forfeited.  Nothing in this subsection shall be construed in any way to limit the contempt powers of the Municipal Judge, and the judge may exercise those powers as the judge considers necessary and advisable in conjunction with any matter arising under the procedures arising under this code.
B.  The amount assessed pursuant to the default judgment shall be paid no later than ten days after the receipt of the final order declaring the default.  The period may be extended upon order of the Municipal Judge.
C.  Delinquent payments may be collected and enforced pursuant to ORS 30.310 or 30.315.
1.12.050  Lien Filing and Docketing.
A.  When a judgment is given in Municipal Court in favor of the city for the sum of ten dollars or more, exclusive of costs and disbursements, the enforcement officer may, at any time thereafter while the judgment is enforceable, file with the City Recorder a certified transcript of all those entries made in the docket of the Municipal Court with respect to the action in which judgment was entered.
B.  Upon receipt of the certified transcript, the City Recorder shall enter the judgment of the Municipal Court on the city lien docket.
C.  From the time of entry of the judgment on the lien docket, the judgment shall be a lien upon the real property of the person against whom the judgment was entered.  Except as provided in subsection D below, entry of the judgment in the city lien docket shall not thereby extend the lien of the judgment more than ten years from the original entry of judgment by the Municipal Court.
D.  When a judgment of the Municipal Court entered on the city lien docket is renewed by the Municipal Court, the lien established under subsection C above is automatically extended ten years from the date of the renewal order.
E.  The City Recorder may file the transcript of the judgment with the County Clerk for entry in the judgment docket of the Circuit Court.
1.12.060  Non-Exclusive Remedy.  The procedures and remedies contained in this chapter shall not prohibited any alternative remedies set out in an ordinance or state statutes which are intended to alleviate ordinance violations or abate nuisances and the procedures set forth in this chapter shall not be prerequisites for utilizing any of said alternative remedies.


Section 2.  Chapter 2.16 of the Hood River Municipal Code is amended to read as follows:

CHAPTER 2.16 - MUNICIPAL COURT AND JUDGE

*    For statutory provisions on the appointment of a municipal judge, see ORS 221.140; for provisions on municipal court jury trials, see ORS 221.349; for Charter provisions on the municipal judge, see City Charter Ch. V§21.

Legislative History: Ord. 1066 (1956); Ord. 1545 (1984)

SECTIONS:
2.16.010 Pro Tem Municipal Judge
2.16.020   Burden of Proof
2.16.030 Failure to Attend as Juror


2.16.010 Pro Tem Municipal Judge.  The Mayor, with the consent of the Council, may appoint one or more judges pro tem who shall have all the powers and duties of the municipal judge in the absence of the municipal judge from the city or in the event the municipal judge is for some reason unable to act as municipal judge. 

2.16.020  Burden of Proof.    In any prosecution of a violation of a city ordinance the burden of proof is a preponderance of the evidence.  A violation of an ordinance does not require pleading or proof of a culpable mental state as an element of the violation.

2.16.030  Failure to Attend as Juror.  Failure of a person duly summoned to attend as a juror as required or to give a valid excuse therefor, is a Class D violation.
Section 3.  Title 9 of the Hood River Municipal Code is amended to read as set forth in Exhibit A.
Section 4.  Title 10 of the Hood River Municipal Code is amended to read as set forth in Exhibit B.

Read for the first time: December 28, 2009.

Read for the second time and passed:  _________________________, 2009, to become effective thirty (30) days hence.

Signed      , 2009.

 

            
      Arthur Babitz, Mayor

ATTEST:

      
Jennifer McKenzie, City Recorder