Chapter 1.16
CIVIL VIOLATIONS
Sections:
1.16.020 Decision whether violation is a civil violation.
1.16.030 No disability or legal disadvantage regrading civil violations.
1.16.010 Definition.
An offense is a civil violation if:
A. The offense is so designated in the municipal ordinance or state statute defining the offense;
B. The municipal ordinance or state statute prescribing the penalty for the offense provides that the offense is punishable only by a fine, forfeiture, fine and forfeiture or other civil penalties; or
C. The offense is declared to be a civil violation for purposes of the particular case, as provided in EPMC 1.16.020. [Ord. 2000-15 § 1; Ord. 1-6 § 1, 1993].
1.16.020 Decision whether violation is a civil violation.
Upon appearance of a defendant in the municipal court of the city of Eagle Point, before the court asks how the defendant pleads to the charge, the municipal judge or the city attorney shall declare on the record their intention whether or not to treat the offense in the case as a civil violation. The case shall proceed as a civil violation unless the municipal judge or the city attorney affirmatively states that the case shall proceed as an offense for which a sentence of imprisonment is authorized. [Ord. 2000-15 § 1; Ord. 1-6 § 2, 1993].
1.16.030 No disability or legal disadvantage regarding civil violations.
Conviction or any adjudication of guilt regarding a civil violation as it pertains to a defendant in the municipal court of the city of Eagle Point does not give rise to any disability or legal disadvantage based on conviction of a crime. [Ord. 2000-15 § 1; Ord. 1-6 § 3, 1993].
1.16.040 Appeals.
Upon any appeal from a judgment rendered against any defendant from which the municipal judge or the city attorney declared that the offense was prosecuted as a civil violation, the city attorney shall notify the district court of such and the trial de novo in the district court shall be prosecuted as a civil violation and not a crime. [Ord. 2000-15 § 1; Ord. 1-6 § 4, 1993].