Chapter 1.20
ORDINANCE ENFORCEMENT
Sections:
1.20.010 Applicability.
1.20.020 Treatment of certain misdemeanors as violations.
1.20.030 Persons who may enforce violations – Issuance of citations.
1.20.040 Arrest prohibited.
1.20.050 Citation requirements.
1.20.060 Uniform citation.
1.20.070 Summons.
1.20.080 Bail.
1.20.090 Complaint.
1.20.100 Response by defendant.
1.20.110 Statement by defendant deemed waiver of hearing and consent to judgment.
1.20.120 Hearing date – Notice to defendant – Waiver.
1.20.130 Discretionary powers of court.
1.20.140 Arrest warrant.
1.20.150 City attorney involvement.
1.20.160 Trial procedures and regulations.
1.20.170 Defense counsel not provided at public expense.
1.20.180 Prosecution of crime not bar to prosecution of violation.
1.20.010 Applicability.
The procedures of this chapter shall be utilized for violations of city ordinances punishable by a fine only. (Ord. 82-19 § 16)
1.20.020 Treatment of certain misdemeanors as violations.
ORS 161.565 as amended by House Bill 2384 and as hereafter amended is adopted as an ordinance of the city, except that the term “city attorney” shall be substituted in all places for the term “District Attorney.” (Ord. 87-9 § 1)
1.20.030 Persons who may enforce violations – Issuance of citations.
A. All peace officers of the city of Lincoln City and any citizen are authorized to enforce violations subject to the provisions of this chapter.
B. Lincoln County animal control officers are authorized to enforce animal control provisions of Lincoln City ordinances pursuant to this chapter.
C. Any person authorized to enforce violations may issue a citation to any person who violates a city ordinance denominated as a violation. 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 other representative thereof shall be sufficient to confer jurisdiction. (Ord. 83-12 § 1(1 – 3); Ord. 82-19 § 1(1 – 3))
1.20.040 Arrest prohibited.
Any person authorized to issue citations pursuant to this chapter may not arrest for the violation but may detain an individual reasonably believed to have committed a violation, or any employee, agent or representative of a firm, corporation or organization reasonably believed to have committed a violation, only so long as is necessary to determine, for the purpose of issuing a citation, the identity of the violator and such additional information as is appropriate. (Ord. 83-12 § 1(4); Ord. 82-19 § 1(4))
1.20.050 Citation requirements.
A. A citation issued pursuant to this chapter shall comply with all provisions of this chapter.
B. A person issuing a citation under this chapter shall cause:
1. The summons to be delivered to the person cited;
2. The complaint and abstract of court record to be delivered to the court. (Ord. 82-19 § 2)
1.20.060 Uniform citation.
A. A citation issued pursuant to this chapter shall consist of at least four parts. The required parts are:
1. Complaint;
2. Abstract of record;
3. Police record;
4. Summons.
B. The complaint shall contain a form of certification in which the complainant shall certify that the complainant has reasonable grounds to believe and does believe that the person cited committed the violation contrary to law. (Ord. 82-19 § 3)
1.20.070 Summons.
A summons for a violation subject to this chapter is sufficient if it contains the following:
A. The name of the court, the name of the person cited, the date on which the citation was issued, the name of the complainant and the time and place at which the person cited is to appear in court;
B. A statement or designation of the events, in such manner as can be readily understood by a person making a reasonable effort to do so, and the date, time and place at which the offense is alleged to have occurred;
C. A notice to the person cited that a complaint will be filed with the court based on the offense;
D. The amount of bail, if any, fixed for the violation. (Ord. 82-19 § 4)
1.20.080 Bail.
The bail for a violation shall be the maximum fine adopted by city ordinance. (Ord. 82-19 § 5)
1.20.090 Complaint.
A. Complaints for violations shall contain the following:
1. The name of the court, the public body 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 readily understood by a person making a reasonable effort to do so, and the date, time and place at which the offense is alleged to have occurred;
3. A certificate, as required in LCMC 1.20.060.
B. The complaint shall be set aside by the court upon motion of the defendant before a plea when the complaint does not conform to the requirements of this section.
C. Nothing in this section prohibits the court from amending the citation at its discretion. (Ord. 82-19 § 6)
1.20.100 Response by defendant.
A. When a defendant is served with a violation 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 bail as set forth in the summons, and enclosing therewith:
1. A request for hearing;
2. A statement of matters in explanation or mitigation of the events charged; or
3. The executed appearance, waiver of hearing and plea of guilty appearing on the summons. A statement of matters in explanation or mitigation may also be enclosed with the guilty plea.
B. In any case in which the defendant personally appears in court at the time indicated in the summons, if the defendant desires to plead guilty and the judge decides to accept the plea, the judge shall hear any statement in explanation or mitigation that the defendant desires to make. (Ord. 82-19 § 7)
1.20.110 Statement by defendant deemed waiver of hearing and consent to judgment.
If a defendant has submitted to the court any written statement in explanation or mitigation under LCMC 1.20.100, the statement constitutes a waiver of hearing and consent to judgment. The court may declare a forfeiture of bail on the basis of the statement and any testimony or written statement of the person issuing the citation, or other person, which may be presented to the court. (Ord. 82-19 § 8)
1.20.120 Hearing date – Notice to defendant – Waiver.
If the defendant requests a hearing under LCMC 1.20.100, or if the court, pursuant to LCMC 1.20.130, 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 notice of the date and time so fixed. (Ord. 82-19 § 9)
1.20.130 Discretionary powers of court.
For city ordinance violations, the court, on its own motion, may direct that a hearing be held or may enter the appropriate judgment, impose a fine, or direct that the fine be paid out of the bail deposit by the defendant and remit to the defendant any amount by which the bail exceeds the fine. (Ord. 82-19 § 10)
1.20.140 Arrest warrant.
A. If a person cited for a violation fails to comply with the provisions of LCMC 1.20.100, or the person fails to appear at any time fixed by the court, a warrant for the arrest of the person may be issued.
B. No warrant of arrest pursuant to this section shall be issued after a period of 60 days from the date of entry of an order declaring a forfeiture of bail or other security given by the defendant. Unless a warrant has been issued before the expiration of the above period, the order of forfeiture shall be deemed the final disposition of the case. (Ord. 82-19 § 11)
1.20.150 City attorney involvement.
A. The city attorney shall have the authority to prosecute in the name of the state for an offense of a city ordinance denominated as a city violation.
B. At any trial involving a violation of a city ordinance, the city attorney may aid in preparing evidence and obtaining witnesses, but shall not appear unless counsel for the defendant appears. The court shall ensure that the city attorney is given time and notice if defense counsel is to appear at trial. (Ord. 82-19 § 12)
1.20.160 Trial procedures and regulations.
A. The trial of any violation designated by city ordinance shall be by the court without a jury.
B. The trial of any violation designated by city ordinance shall not commence until the expiration of seven days from the date of the citation or the violation, unless the defendant waives this seven-day period.
C. The city shall have the burden of proving the alleged violation by a preponderance of the evidence.
D. The pretrial discovery rules of ORS Chapter 135 shall apply to violation cases pursuant to this chapter.
E. The defendant may not be required to be witness in the trial of any violation pursuant to this chapter.
F. Proof of a culpable mental state is not an element of a violation. (Ord. 82-19 § 13)
1.20.170 Defense counsel not provided at public expense.
At any trial involving a violation under this chapter, defense counsel shall not be provided at public expense. (Ord. 82-19 § 14)
1.20.180 Prosecution of crime not bar to prosecution of violation.
If a person violates a city ordinance denominated a crime and violates a city ordinance denominated a violation as part of the same criminal episode, the prosecution for one offense shall not bar the subsequent prosecution of the other. However, evidence of the first conviction shall not be admissible in any subsequent prosecution for the other offense. (Ord. 82-19 § 15)