Chapter 1.08
GENERAL PENALTY
Sections:
1.08.010 Establishment and purpose.
1.08.030 Application and amendment.
1.08.040 Infraction procedure—Reporting.
1.08.050 Infraction procedure—Uniform infraction citation and complaint.
1.08.055 Civil infraction summons and complaint service—Failure to receive—Default.
1.08.060 Infraction procedure—Answer to summons.
1.08.070 Infraction procedure—Hearing.
1.08.090 Schedule of forfeitures.
1.08.100 Notice of infraction—Form.
1.08.010 Establishment and purpose.
(1) A procedure to handle violations of city ordinances as civil infractions, subject to the provisions set forth in GMC Sections 1.08.020 through 1.08.100, is established, pursuant to the home rule powers granted the city by Article IV, Section 1, and Article XI, Section 2 of the Oregon Constitution and by Sections 4 and 5 of the Gladstone City Charter.
(2) A civil infractions procedure has been established for the purpose of decriminalizing penalties for violations of certain civil ordinances and for the purpose of providing a convenient and practical forum for the civil hearing and determination of cases arising out of said violations.
Statutory Reference: ORS 153.110 to 153.310
History: Ord. 989 §1, 1981.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
1.08.020 Definitions.
For the purpose of GMC Sections 1.08.010 through 1.08.100, the following definitions apply:
(1) City Infractions. An offense against the city in the form of a violation of one of the city ordinances or section thereof designated in GMC Section 1.08.030, constitutes a city infraction and shall be handled in accordance with the procedures established by GMC Sections 1.08.010 through 1.08.100. When an infraction is of a continuing nature, a separate infraction will be deemed to occur on each calendar day the infraction continues to exist and a separate citation may be filed for each such infraction.
(2) Forfeiture—Forfeiture Schedule. The only penalty to be imposed for an infraction is a monetary penalty called a forfeiture. The Gladstone Municipal Court shall, however, possess the additional enforcement powers set forth in GMC Section 1.08.080. The appropriate forfeiture to be assessed for a specific infraction will be determined from the forfeiture schedule in GMC Section 1.08.090. The procedure prescribed by GMC Sections 1.08.010 through 1.08.100 shall be the exclusive procedure for imposing forfeiture; however, this section shall not be read to prohibit in any way any other alternative remedy set out in ordinances covered by this infraction procedure which is intended to abate or alleviate ordinance violations, nor shall the city be prohibited from recovering, in a manner prescribed by law, any expense incurred to it in abating or removing ordinance violations pursuant to said ordinances.
(3) “Person” as used in GMC Sections 1.08.010 through 1.08.100 shall be construed to include any person, firm, partnership, corporation, or association of persons.
Statutory Reference: ORS 153.110 to 153.310
History: Ord. 989 §2, 1981.
1.08.030 Application and amendment.
The civil infraction procedure prescribed by Sections 1.08.010 through 1.08.100 applies to all infractions referenced in the Gladstone Municipal Code.
Statutory Reference: ORS 153.110 to 153.310
History: Ord. 989 §3, 1981. Ord. 1342, 2003.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
1.08.040 Infraction procedure—Reporting.
All reports of infractions covered by GMC Sections 1.08.010 through 1.08.100 will be made to the City Administrator or his designated representative.
Statutory Reference: ORS 153.110 to 153.310
History: Ord. 989 §4, 1981.
1.08.050 Infraction procedure—Uniform infraction citation and complaint.
(1) A uniform infraction citation and complaint signed by the City Administrator or his designated representative may be filed with the Gladstone Municipal Court, charging the recipient with a civil infraction and setting a date for said person to appear before the Municipal Court to answer said complaint.
(2) The City Administrator or his designated representative shall prescribe the form of the uniform infraction citation and complaint but it shall consist of at least three parts. Additional parts may be inserted for administrative purposes by those charged with the enforcement of the ordinances. The required parts are:
(a) The complaint;
(b) The city department record;
(c) The summons.
(3) Each of the three parts shall contain the following information:
(a) The name of the court and the court’s file number;
(b) The name of the person or the persons cited;
(c) The infraction with which the person is charged, the date, time and place the infraction occurred, or if the infraction is of a continuing nature, the date, time and place the infraction was observed by the City Administrator or his designated representative, the date on which the citation was issued, and the name of the complainant;
(d) The scheduled forfeiture for the alleged infraction;
(e) The time and place at which the person cited is to appear in court.
(4) The complaint shall contain a form of verification by the City Administrator or his designated representative that he swears that he has reasonable grounds to believe, and does believe, that the person cited committed the infraction.
(5) The summons shall also contain notice to the person cited that a civil complaint will be filed in the Municipal Court of the city.
Statutory Reference: ORS 153.110 to 153.310.
History: Ord. 989 §4(B), 1981.
1.08.055 Civil infraction summons and complaint service—Failure to receive—Default.
(1) Service of the civil infraction summons and complaint may be made by personal service on the respondent or an agent for the respondent, by substitute service at the respondent’s dwelling or office; by affixing to the main door of the property or premises, or by certified mail, return receipt requested, to the respondent at his last known address. In the event of substitute service at the respondent’s dwelling, the person served must be at least fourteen years of age and residing in the respondent’s place of abode. Service at the respondent’s office must be made during regular business hours to the person who is apparently in charge. If substitute service is used, a true copy of the summons and complaint, together with a statement of the date, time and place at which service was made, must be mailed to the respondent at the respondent’s last known address. Service will be considered complete upon such a mailing. Service by any other method reasonably calculated under all the circumstances to apprise the respondent of the existence and pendency of the infraction and to afford a reasonable opportunity to respond shall be acceptable.
(2) Service on particular respondents, such as minors, incapacitated persons, corporations, limited partnerships, the state, other public bodies and general partnerships shall be as prescribed for the service of a civil summons and complaint by the Oregon Rules of Civil Procedure.
(3) No default shall be entered against any respondent without proof that the respondent had notice of the civil infraction summons and complaint. A sworn affidavit of the Code Enforcement Officer outlining the method of service, including the date, time and place of service shall create a rebuttable presumption that the respondent had such notice.
Statutory Reference: ORS 153.110 to 153.310.
History: Ord. 1393, 2007.
1.08.060 Infraction procedure—Answer to summons.
(1) A person who receives a summons for an infraction shall answer such summons by personally appearing to answer at the time and place specified therein, except an answer may be made by mail or personal delivery within ten days of the date of the receipt of the summons as provided in subsections (2) and (3) of this section.
(2) If a person alleged to have committed an infraction admits the infraction or otherwise desires to pay the forfeiture without appearing in Municipal Court, he may complete the appropriate answer on the back of each summons and forward the summons to the Municipal Court. A check or money order in the amount of the forfeiture for the infraction alleged as shown on the face of the summons shall also be submitted with the answer.
(3) If the person alleged to have committed the infraction denies part or all of the infraction, he may request a hearing by completing the appropriate answer on the back of the summons and forwarding the summons to the Municipal Court. Upon receipt, the answer shall be entered and a hearing date established by the Municipal Court. The Municipal Court shall notify the person alleged to have committed the infraction by mail, of the date of the hearing.
(4) The court may, in any case, after notice, require the cited person to appear for a hearing.
Statutory Reference: ORS 153.110 to 153.310
History: Ord. 989 §4(D), 1981.
1.08.070 Infraction procedure—Hearing.
(1) Every hearing to determine whether an infraction has occurred shall be held before the Municipal Court without a jury.
(2) The hearing shall be limited to production of evidence only on the infraction alleged in the complaint.
(a) Oral Evidence. Oral evidence shall be taken only on oath or affirmation;
(b) Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state;
(c) Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
(d) Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.
(3) The defendant shall have the right to present evidence and witnesses in his favor, to cross-examine witnesses who testify against him and to submit rebuttal evidence.
(4) The defendant may be represented by counsel, but counsel shall not be provided at public expense. If defense counsel is to appear, written notice shall be provided to the Municipal Court ten days prior to the hearing date, excluding weekends and holidays.
(5) The city shall have the burden of proving the alleged ordinance infraction by a preponderance of the evidence.
(6) After due consideration of the evidence and arguments presented at the hearing, the court shall determine whether the infraction as alleged in the complaint has been established. When the infraction has not been established, an order dismissing the complaint shall be entered in the Municipal Court records. When a determination is made that an infraction has been established or if an answer admitting the infraction has been received, or the forfeiture otherwise paid by the defendant, an appropriate order shall be entered in the Municipal Court records.
(7) Unless otherwise provided by ordinance, upon a finding that an infraction has occurred, the court shall assess a forfeiture not to exceed the maximum permissible forfeiture for the specific infraction established in accordance with GMC Sections 1.08.010 through 1.08.100 plus court costs.
(8) There shall be no administrative appeal or legal review from a determination by the Municipal Court of an infraction violation.
Statutory Reference: ORS 153.110 to 153.310
History: Ord. 989 §4(E), 1981.
1.08.080 Enforcement.
(1) If a cited person fails to answer the summons or to appear at a scheduled hearing as provided in GMC Sections 1.08.010 through 1.08.100, the Municipal Court may enter a default judgment for the scheduled forfeiture applicable to the charged infraction. Upon entering a default judgment, the court shall notify the defendant by regular mail at the address given by the defendant at the time of being issued the citation that the defendant has thirty (30) days to arrange with the court clerk to pay the forfeiture or warrant may be issued for the defendant’s arrest. Warrants may be issued by the court as well as in infraction matters if the defendant (1) fails to appear for a scheduled trial or (2) fails to comply with any other order of the court.
(2) After a hearing and determination by the Municipal Court that an infraction has occurred, the court shall assess a forfeiture not to exceed the maximum permissible forfeiture for the specific infraction established in accordance with GMC Sections 1.08.010 through 1.08.100 plus court costs.
(3) Delinquent forfeitures and those brought to default judgment which were assessed for infractions occurring on real property or for improper use of real property may be held as city liens against said real property and collected in the same manner as other such debts owing to the city.
(4) Nothing in this section shall limit the city from revoking or denying any city license or permit held or desired by a person owing a forfeiture to the city.
(5) Nothing in GMC Sections 1.08.010 through 1.08.100 shall limit the inherent power of the Municipal Court to impose criminal penalties for contempt of court in cases where it deems such sanctions appropriate.
Statutory Reference: ORS 153.110 to 153.310
History: Ord. 989 §5, 1981. Ord. 1390, 2007.
1.08.090 Schedule of forfeitures.
(1) Infractions are classified for the purpose of determining forfeitures into the following categories:
(a) Class “A” infractions;
(b) Class “B” infractions;
(c) Class “C” infractions;
(d) Class “D” infractions.
(2) An assessment of a forfeiture for an infraction not including state assessments pursuant to ORS 137.290 and 137.309 shall be an amount not exceeding as follows:
(a) Seven hundred twenty dollars ($720) for a Class “A” infraction;
(b) Three hundred sixty dollars ($360) for a Class “B” infraction;
(c) One hundred eighty dollars ($180) for a Class “C” infraction;
(d) Ninety dollars ($90) for a Class “D” infraction.
(3) In addition to paying the forfeiture, a seven dollar ($7) administrative fee shall be charged, except for vehicle parking fines, for training of police and court personnel.
(4) If a forfeiture is returned to the payee, then the administrative fee for training made thereon shall also be returned.
(5) Fifty dollars ($50) shall be charged for those who fail to appear in Municipal Court when scheduled.
(6) Fifty dollars ($50) shall be charged prior to participation in a Municipal Court juvenile traffic diversion program.
(7) Fifty dollars ($50) shall be charged for “verification of vehicle compliance.”
(8) Infractions of city ordinances are classified as set forth throughout the Gladstone Municipal Code.
Statutory Reference: ORS 153.110 to 153.310
History: Ord. 989 §6, 1981; Ord. 1340, 2003; Ord. 1342, 2003; Ord. 1381 §1, 2006; Ord. 1512 §1, 2021.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
1.08.100 Notice of infraction—Form.
CITY OF GLADSTONE
NOTICE OF INFRACTION
TO: _________________ File No.________
____________________ Date:___________
You are hereby notified that on or about the __ day of ______, 20 __ at _____(a.m./p.m.) within the corporate limits of the City of Gladstone, Clackamas County, Oregon, at or near _________________ the following infraction was committed in violation of Ordinance No. ________ of the City of Gladstone ___________ for which you are responsible. A penalty in the amount of _______________ could be imposed.
If the above infraction is abated by ___________ no later than _____ (a.m./p.m.) on ___________, 20__, the matter will be considered closed and no complaint on the above infraction will be filed with the Municipal Court.
An informal conference has been scheduled at _______ (a.m./p.m.) on _____________, 20___ in the Council Chambers at Gladstone City Hall, Gladstone, Oregon.
Signature. ___________ See instructions below
REVIEWED FOR COMPLIANCE: Dept.___
Date _____________ Time ______ (a.m./p.m.)
(FORWARD COPY FOUR TO CITY
ATTORNEY AFTER REVIEW)
[ ] Abated [ ] Not Abated [ ] See Attached
By (Signature)_______Phone: (503) 656-5223
(1) The purpose of the informal conference is to allow for the resolution of the ordinance violation without resort to a formal court proceeding. In the presence of a conference mediator, the facts and proposed solutions will be discussed. If an agreement is reached, it will be reduced to writing and will be binding. If all the terms of the agreement are satisfied, the city will take no further action concerning the violation. You may be accompanied by counsel at your own expense.
(2) If no conference has been scheduled, you may request one. Your request must be made no later than five p.m. on the next business day following the date you receive this notice. Your request may be made by telephone to the Municipal Court Clerk at Gladstone. You must be available for a conference within three days from the date you received this notice.
Statutory Reference: ORS 153.110 to 153.310
History: Ord. 989, 1981
1.08.110 Violation—Penalty.
(1) Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the city, where a specific penalty is not specified in the ordinance for the violation, said person shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of the city where a specific penalty is not elsewhere established, shall be punished by a fine of not to exceed five hundred dollars ($500) or by imprisonment, not to exceed thirty (30) days, or by both such fine or imprisonment.
(2) Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person and he is punishable accordingly.
Statutory Reference: ORS 153.110 to 153.310
History: Ord. 958 §§1, 2, 1980.