reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.287 - Recovery of fine from renter or lessee of vehicle.

(1) A car rental or leasing company is authorized to recover a fine paid to a city in response to a citation for violation of a parking ordinance from the customer who had possession of the motor vehicle at the time the citation was issued.
(2) A car rental or leasing company may bill a customer directly for the fine paid or may charge the fine paid as an ancillary or deferred charge to any credit card provided by the customer.
(3) A car rental or leasing company has no liability to a customer for any errors, omissions, negligence or fraud to the extent that the errors, omissions, negligence or fraud resulted from acts or omissions of the court or the city in the issuance of citations or the issuance of notices of citations. [1995 c.533 §7; 1999 c.1051 §263]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.295 - Ordinances regulating placement or height of radio antennas.

Notwithstanding ORS chapters 215 and 227, a city or county ordinance based on health, safety or aesthetic considerations that regulates the placement, screening or height of the antennas or antenna support structures of amateur radio operators must reasonably accommodate amateur radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the city or county. However, a city or county may not restrict antennas or antenna support structures of amateur radio operators to heights of 70 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety or aesthetic objective of the city or county. [1999 c.507 §1]
Note:
221.295 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.310 - Effective date of ordinances, resolutions and franchises; emergency measures.

(1) In cities having a population of 2,000 or more, an ordinance or a franchise shall not take effect until 30 days after its passage by the city council and approval by the mayor, unless it is passed over the veto of the mayor. In that event, it shall not take effect until 30 days after final passage over the mayor’s veto. However, measures necessary for the immediate preservation of the peace, health and safety of the city are excepted. These emergency measures shall become immediately effective if they state in a separate section the reasons why it is necessary that they should become immediately effective and if they are approved by the affirmative vote of three-fourths of all the members elected to the city council, taken by ayes and noes, and also by the mayor. This subsection shall apply in every city in all matters concerning the operation of the initiative and referendum in its municipal legislation on which the city has not made or does not make conflicting provisions.
(2) Except for ordinances necessary for the immediate health, peace or safety, an ordinance enacted by the council of a city created under ORS 221.010 to 221.100 shall take effect 30 days after its enactment.
(3) In cities having a population of 2,000 or more, a resolution may take effect at any time after its passage by the city council. A resolution shall state in a separate section the effective date of the resolution. [Amended by 2001 c.34 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.315 - Enforcement of charter provisions and ordinances; disposition of fines.

(1) Prosecution of violations of the charter or ordinances of a city in circuit or justice court shall be by the city attorney and in the name of such city. An agreement may be made between any city and, on behalf of the state, the presiding judge for the judicial district in which all or part of such city is located, that such violations be prosecuted for such city in the circuit court by the district attorney in the name of the State of Oregon. An agreement may be made, pursuant to ORS 190.010, between any city and the county in which all or part of such city is located, that such violations be prosecuted for such city in the justice court by the district attorney in the name of the State of Oregon.
(2) Except as otherwise provided by an agreement made under subsection (1) of this section in respect to the court, all fines collected by the circuit or justice court having jurisdiction of a violation of a city charter or ordinance shall be paid as follows:
(a) Subject to subsection (3) of this section, one-half of the fine shall be credited and distributed to the treasurer of the city whose charter or ordinance was violated, as a monetary obligation payable to the city.
(b) If collected by the circuit court, and subject to subsection (3) of this section, one-half of the fine shall be credited and distributed as a monetary obligation payable to the state.
(c) If collected by the justice court, one-half of the fine shall be credited and distributed to the treasurer of the county in which the court is located as a monetary obligation payable to the county.
(3) If the full amount of the fine imposed by a circuit court under this section is collected and a surcharge is imposed on the fine under ORS 1.188, the last $5 of the amount collected shall be paid to the county for deposit in the county’s courthouse surcharge account established under ORS 1.189. If the full amount of the fine imposed is not collected, the $5 payment required by this subsection shall be reduced by one dollar for every dollar of the fine that is not collected. [1973 c.645 §3; 1975 c.713 §2; 1981 s.s. c.3 §114; 1983 c.763 §48; 1987 c.905 §19; 1995 c.781 §41; 1995 c.658 §92a; 1999 c.1051 §264; 2011 c.597 §128; 2016 c.78 §6]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.330 - Publication or posting of ordinances; exceptions.

Ordinances passed by cities must be posted or published in a newspaper if required by their respective charters; provided, that ordinances establishing rules and regulations for the construction of buildings, the installation of plumbing, electric wiring or other similar work, where such rules and regulations have been printed as a code in book form, may adopt such code or portions thereof by reference thereto without further publication or posting thereof. Not less than three copies of such code shall be filed, for use and examination by the public, in the office of the city recorder of the city, prior to the adoption thereof. Cities may adopt as ordinances any statute of the State of Oregon, the subject matter of which is within the scope of the charter authority by reference to the chapter or section, without further publication or posting thereof.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.333 - Parking ordinance violation; mode of charging defendant; notice as complaint; requirement to pay fine or bail for access to court prohibited.

(1) In all prosecutions for violation of motor vehicle parking ordinances in cities, it shall be sufficient to charge the defendant by an unsworn written notice if the notice clearly states:
(a) The date, place and nature of the charge.
(b) The time and place for defendant’s appearance in court.
(c) The name of the issuing officer or other person authorized to issue the notice.
(d) The license number of the vehicle.
(2) The notice provided for in subsection (1) of this section shall either be delivered to the defendant or placed in a conspicuous place upon the vehicle involved in the violation. A duplicate original of the notice shall serve as the complaint in the case when it is filed with the court. In all other respects the procedure now provided by law in such cases shall be followed, but ORS 810.365 does not apply. The officer or person authorized to issue a citation need not have observed the act of parking, but need only have observed that the car was parked in violation of city ordinances.
(3) In all prosecutions for violation of motor vehicle parking ordinances in cities, the defendant may not be required to pay the fine imposed or a bail amount before the defendant may request a hearing or submit a written explanation to the court. [Formerly 221.340; 2019 c.67 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.339 - Jurisdiction of municipal court; prosecutions by city attorney.

(1) A municipal court has concurrent jurisdiction with circuit courts and justice courts over all violations committed or triable in the city where the court is located.
(2) Except as provided in subsections (3) and (4) of this section, municipal courts have concurrent jurisdiction with circuit courts and justice courts over misdemeanors committed or triable in the city. Municipal courts may exercise the jurisdiction conveyed by this section without a charter provision or ordinance authorizing that exercise.
(3) Municipal courts have no jurisdiction over felonies, designated drug-related misdemeanors as defined in ORS 423.478 or Class E violations.
(4) A city may limit the exercise of jurisdiction over misdemeanors by a municipal court under this section by the adoption of a charter provision or ordinance, except that municipal courts must retain concurrent jurisdiction with circuit courts over:
(a) Misdemeanors created by the city’s own charter or by ordinances adopted by the city, as provided in ORS 3.132; and
(b) Traffic crimes as defined by ORS 801.545.
(5) Subject to the powers and duties of the Attorney General under ORS 180.060, the city attorney has authority to prosecute a violation of any offense created by statute that is subject to the jurisdiction of a municipal court, including any appeal, if the offense is committed or triable in the city. The prosecution shall be in the name of the state. The city attorney shall have all powers of a district attorney in prosecutions under this subsection. [1999 c.1051 §40; 2017 c.706 §21; 2021 c.591 §29]
Note:
Section 30, chapter 591, Oregon Laws 2021, provides:
Sec. 30.
Notwithstanding the amendments to ORS 51.050 and 221.339 by sections 28 and 29 of this 2021 Act:
(1) A municipal court or justice court with Class E violation proceeding pending before the court on the effective date of this 2021 Act [July 19, 2021] may continue to exercise jurisdiction over the proceeding in accordance with section 22, chapter 2, Oregon Laws 2021 [153.062].
(2) A judgment of a municipal court or justice court adjudicating a Class E violation prior to the effective date of this 2021 Act is validated. [2021 c.591 §30]
Note:
221.339 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.342 - Method by which municipal court becomes court of record.

(1) Any municipal court may become a court of record by:
(a) The passage of an ordinance by the governing body of the city in which the court is located; and
(b) The entry of an order by the Supreme Court acknowledging the filing of the declaration required under subsection (2) of this section.
(2) Before a municipal court may become a court of record, the governing body of the city in which the court is located must file a declaration with the Supreme Court that includes:
(a) A statement that the municipal court satisfies the requirements of this section for becoming a court of record;
(b) The address and telephone number of the clerk of the municipal court; and
(c) The date on which the municipal court will commence operations as a court of record.
(3) The Supreme Court may not charge a fee for filing a declaration under subsection (2) of this section. Not later than 30 days after a declaration is filed under subsection (2) of this section, the Supreme Court shall enter an order acknowledging the filing of the declaration and give notice of the order of acknowledgment to the city and the public.
(4) The city shall provide a court reporter or an audio recording device for each municipal court made a court of record under this section.
(5) The appeal from a judgment entered in a municipal court that becomes a court of record under this section shall be as provided in ORS chapter 138 for appeals from judgments of circuit courts.
(6) As a qualification for the office, a municipal judge for any municipal court that becomes a court of record must be a member of the Oregon State Bar. [1999 c.682 §3; 2003 c.687 §7; 2007 c.330 §4]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.343 - Method by which municipal court ceases to operate as court of record.

(1) Any municipal court that has become a court of record under ORS 221.342 may cease to operate as a court of record only if the governing body of the city in which the court is located files a declaration with the Supreme Court identifying the date on which the municipal court will cease operation as a court of record. The date identified in the declaration may not be less than 31 days after the date the declaration is filed.
(2) The Supreme Court may not charge a fee for filing a declaration under subsection (1) of this section. Not later than 30 days after a declaration is filed under subsection (1) of this section, the Supreme Court shall enter an order acknowledging the filing of the declaration and give notice of the order of acknowledgment to the city and the public.
(3) The appeal from a judgment entered in a municipal court after the date identified in the declaration filed under this section shall be as provided in ORS 221.359 (1) and (2). [2007 c.330 §6]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.344 - Registration of municipal court; effect of registration.

(1) A judgment docketed by a municipal court may be enforced in the manner provided in ORS 221.346 and 221.351 if:
(a) The municipality has registered the court with the Department of Revenue; and
(b) The municipality has provided to the Department of Revenue the name and address of a person authorized to act on behalf of the court.
(2) Any municipality that has registered under this section must immediately notify the Department of Revenue of any changes to the information provided to the department under this section.
(3) At least once each year, the Department of Revenue shall publish a registry of municipal courts in this state that includes all information provided to the department by municipalities under this section. The department may use electronic publication of the registry to meet the requirements of this subsection.
(4) Registration by a municipal court under this section is irrevocable.
(5) The provisions of this section and ORS 221.346, 221.351 and 221.352 do not apply to a circuit court exercising the jurisdiction of a municipal court under ORS 3.136. All judgments entered by a circuit court exercising the jurisdiction of a municipal court under ORS 3.136 may be enforced as provided for judgments of circuit courts.
(6) The provisions of this section and ORS 221.346, 221.351 and 221.352 do not apply to proceedings for enforcement of ordinances governing the parking of vehicles. Ordinances governing the parking of vehicles shall be enforced as provided by other law. [1999 c.788 §7]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.346 - Enforcement of judgments of municipal court.

(1) Subject to the requirements of ORS 221.344, enforcement proceedings on a judgment docketed by a municipal court may include:
(a) Writ of execution proceedings for personal property under ORS 18.252 to 18.993.
(b) Proceedings in support of execution under ORS 18.265, 18.268 and 18.270.
(c) Garnishment proceedings under ORS 18.600 to 18.850.
(2) In addition to the enforcement proceedings specified in subsection (1) of this section, a docketed municipal court judgment may be enforced by the court that rendered the judgment through the issuance of a writ of execution on real property under ORS 18.252 to 18.993. A writ of execution on real property may be issued by a municipal court only after a certified copy of the judgment or a lien record abstract for the judgment is recorded in the County Clerk Lien Record for the county in which the municipal court is located.
(3) ORS 18.038, 18.042, 18.048 and 137.071 apply to judgments rendered in municipal courts.
(4) The provisions of this section apply to all judgments docketed in municipal courts, including judgments imposed in violation proceedings and other criminal proceedings. [1999 c.788 §8; 2001 c.249 §76; 2003 c.576 §98]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.349

[1959 c.502 §§1,2,3; 1965 c.626 §1; 1971 c.633 §7; 1973 c.653 §1; 1987 c.766 §1; 1999 c.788 §51; 1999 c.1085 §7; renumbered 221.354 in 1999]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.350

[Amended by 1985 c.342 §16; 1989 c.123 §2; 1995 c.658 §93; 1999 c.682 §12; renumbered 221.359 in 1999]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.352 - Municipal court docket.

(1) A municipal court of this state that registers under ORS 221.344 must maintain a docket. A municipal judge must enter the following information in the docket for the municipal court:
(a) The title of every action or proceeding commenced in the court, with the names of the parties thereto and the time of commencement thereof.
(b) The date of making or filing any pleading.
(c) An order allowing a provisional remedy, and the date of issuing and returning the summons or other process.
(d) The time when each party appears, or a party’s failure to do so.
(e) Every postponement of a trial or proceeding, upon whose application and to what time.
(f) The demand for a jury, if any, and by whom made.
(g) The order for a jury and the time appointed for trial.
(h) The return of an order for a jury, the names of the persons impaneled and sworn as a jury and the names of all witnesses sworn and at whose request.
(i) The verdict of the jury and when given or, if the jury disagrees and is discharged without giving a verdict, a statement of such disagreement and discharge.
(j) The judgment of the court and when given.
(k) The date on which any judgment is docketed in the docket.
(L) The fact of an appeal having been made and allowed, and the date thereof, with a memorandum of the undertaking, and the justification of the sureties.
(m) Satisfaction of the judgment or any part thereof.
(n) A memorandum of all orders relating to security release.
(o) All other matters that may be material or specially required by any statute.
(2) The docket of a municipal court under this section may be maintained in electronic form. [1999 c.788 §10; 1999 c.1051 §322a]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.353 - Disqualification of municipal judge for prejudice.

No judge of a municipal court having two or more judges shall hear to try any action, matter or proceeding if a party thereto or an attorney appearing therein moves the court for a change of judge on grounds of prejudice. The motion shall be supported by an affidavit stating that the judge before whom the action, matter or proceeding is pending is prejudiced against the party or attorney, and that the affiant or the client of the affiant cannot or believes that the affiant or the client of the affiant cannot have a fair and impartial trial or hearing before the judge, and that such motion is not filed for the purpose of delay. The motion shall be filed before the action, matter or proceeding is to be tried or heard. No party or attorney shall make more than one application in any action, matter or proceeding. [Formerly 221.348]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.354 - Trial by jury in criminal cases.

(1) In all prosecutions for any crime defined and made punishable by any city charter or ordinance the defendant shall have the right of trial by jury, of six in number. Juries shall be selected from the latest tax roll and registration books used at the last city election in the same manner in which juries are selected for circuit courts. The verdict of the jury shall be unanimous.
(2) Where provision is made for the payment of jury fees by the defendant as a deposit to ensure a jury trial, and where the defendant is found not guilty, the deposit shall be returned to the defendant.
(3) The deposit required by the municipal court to ensure the right of trial by jury, under the charter of the city, shall not be greater than that provided by ORS 10.061 in courts other than circuit courts for payment for each juror sworn multiplied by the number of jurors constituting a jury under the terms of the charter. [Formerly 221.349]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.355 - Agreement between cities for judicial services.

Any city may enter into an agreement pursuant to ORS 190.010 with another city for the provision of judicial services. A municipal judge providing services to another city pursuant to such an agreement shall have all judicial jurisdiction, authority, powers, functions and duties of the municipal court of the other city and the judges thereof with respect to all and any violations of the charter or ordinances of the other city. Unless the agreement provides otherwise, and subject to the provisions of ORS 153.640 to 153.680, all fines, costs and forfeited security deposits collected shall be paid to the prosecuting city, and that city shall reimburse the city providing judicial services for expenses incurred under the agreement. The exercise of jurisdiction under such an agreement by a municipal judge shall not constitute the holding of more than one office. [Formerly 221.335; 2011 c.597 §129]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.357 - Provision of judicial services to city by circuit court.

(1) A city having a population of 300,000 or less may enter into an agreement with the State Court Administrator for the provision of judicial services by the circuit court for the county in which the city is located.
(2) A circuit court providing services to a city under an agreement entered into under subsection (1) of this section shall have all judicial jurisdiction, authority, powers, functions and duties of the municipal court of the city and the municipal court judges with respect to any violations of the charter or ordinances of the city.
(3) Unless an agreement entered into under subsection (1) of this section provides otherwise, and subject to the provisions of ORS 153.640 to 153.680, all fines, costs and forfeited security deposits collected shall be paid to the city, and the city shall reimburse the circuit court providing judicial services for expenses incurred under the agreement.
(4) The exercise of jurisdiction under an agreement entered into under subsection (1) of this section by a circuit court judge shall not constitute the holding of more than one office. [Formerly 221.337; 2011 c.597 §130]
Note:
221.357 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.358 - Audio recording or reporting of municipal court proceedings.

(1) In any proceeding conducted in open court in a municipal court, any party may arrange for audio recording or reporting of the proceeding by stenographic or other means. The court may not prohibit recording or reporting of the proceeding under this section.
(2) A reporter providing stenographic reporting services under this section must be certified in shorthand reporting under ORS 8.415 to 8.455 or by a nationally recognized certification program. A party arranging for reporting of the proceeding by stenographic means must provide the court with the name of the reporter and an address and telephone number where the reporter may be contacted.
(3) If all parties to the proceeding and the court agree, the audio recording or stenographic or other reporting of the proceeding arranged under this section may be used by the parties during the proceeding.
(4) If all parties to the proceeding and the court agree, the audio recording or stenographic or other reporting of the proceeding arranged under this section is the official record of the proceeding.
(5) Unless other parties agree to pay all or part of the cost of the audio recording or stenographic or other reporting of the proceeding, the party arranging for the recording or reporting must pay all costs of the recording or reporting. [2015 c.623 §11]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.359 - Appeals from conviction in municipal court.

(1) Except as provided in subsection (3) of this section, whenever any person is convicted in the municipal court of any city of any offense defined and made punishable by any city charter or ordinance, such person shall have the same right of appeal to the circuit court within whose jurisdiction the city has its legal situs and maintains its seat of city government as now obtains from a conviction from justice courts. The appeal shall be taken and perfected in the manner provided by law for taking appeals from justice courts, except that in appeals taken under this section, ORS 221.360, 221.380 or 221.390:
(a) The notice thereof shall be served upon the city attorney;
(b) When the notice of appeal has been filed with the court from which the appeal is being taken, the appellate court shall have jurisdiction of the cause. Failure to serve a notice of appeal on the appropriate attorney shall not preclude jurisdiction in the appellate court; and
(c) No undertaking providing for the payment of costs and disbursements shall be required.
(2) Except as provided in subsection (3) of this section, in a prosecution of any offense defined and made punishable by any city charter or ordinance, a plaintiff may appeal to the circuit court within whose jurisdiction the city has its legal situs and maintains its seat of city government in the manner provided by ORS 157.020 (2) for taking appeals from justice courts.
(3) The provisions of this section apply only to municipal courts that have not become courts of record under ORS 221.342. Appeals of criminal judgments in municipal courts that have become courts of record under ORS 221.342 shall be as provided in ORS chapter 138 for appeals from judgments of circuit courts. [Formerly 221.350; 2003 c.687 §8]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.360 - Appeal on issue of constitutionality of charter provision or ordinance.

In all cases involving the constitutionality of the charter provision or ordinance under which the conviction was obtained as indicated in ORS 221.359, such person shall have the right of appeal to the circuit court in the manner provided in ORS 221.359, regardless of any charter provision or ordinance prohibiting appeals from the municipal court because of the amount of the penalty or otherwise. An appeal may likewise be taken in such cases from the judgment or final order of the circuit court to the Court of Appeals in the same manner as other appeals are taken from the circuit court to the Court of Appeals in other criminal cases. Where the right of appeal in such cases depends upon there being involved an issue as to the constitutionality of the charter provision or ordinance, the decision of the appellate court shall be upon such constitutional issue only. [Amended by 1969 c.198 §78; 1985 c.342 §17]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.370 - Validity of charter or ordinance provision determined before merits.

Whenever the validity of a charter or ordinance provision of any city comes in issue in a trial for violation of charter or ordinance provision, the trial judge shall determine such issue of validity and make a decision and order thereon before making any decision as to the facts in the particular case.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.380 - Appeal by city from invalidating order; release of defendant during appeal.

From an order declaring a charter or ordinance provision invalid, the city may appeal from the municipal court to the circuit court for the county in which the city has its legal situs and maintains its seat of city government; and, from such order by a circuit court, may appeal to the Court of Appeals, in the same manner as appeals are taken in criminal cases to such courts. Upon the order of the appellate court upon such issue the case shall be remanded with direction. If a city so appeals, pending the appellate decision thereon, the defendant shall be released, with or without bond, for reappearance at the discretion of the trial court, until such time as the case is remanded. [Amended by 1975 c.227 §1; 1985 c.342 §18; 1995 c.658 §94; 1999 c.788 §52]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.390 - Trial, procedure and sentence in circuit court on appeal from municipal court.

(1) When any person convicted in a municipal court appeals to the circuit court as provided in ORS 221.359 and 221.360, such person shall be tried in the circuit court pursuant to the statutes which prescribe the procedure for trial of violations of the criminal statutes of the state, except that the prosecution shall be handled by an attorney provided by the city with the municipal court from which the appeal was taken.
(2) Within 10 days following the return of the verdict in the circuit court, the clerk of the court shall notify the recorder or corresponding officer of the city, in writing, of the outcome of the trial, and shall give like notice of any sentence imposed.
(3) Upon a verdict of guilty the circuit court judge may impose any sentence within the limits prescribed by the charter or ordinance for violation of which the conviction was had, and if a fine is imposed, it shall be paid to the clerk of the court and by the clerk remitted, on or before the 10th day of the following month, to the proper city officer.
(4) This section does not apply where the appeal involves only an issue of constitutionality of the charter or ordinance. [Amended by 1985 c.342 §19]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.410 - Power of city to control local affairs; limitation of floating indebtedness.

(1) Except as limited by express provision or necessary implication of general law, a city may take all action necessary or convenient for the government of its local affairs.
(2)(a) A city may not, unless authorized to do so by its electors, contract a voluntary floating indebtedness in excess of the sum of $5,000 for general city purposes. A city official or employee who creates or officially approves such an indebtedness in excess of the limitation shall be liable for the amount of the excess.
(b) Notwithstanding paragraph (a) of this subsection, a city may contract a voluntary floating indebtedness in excess of the sum of $5,000 for general city purposes without an election specifically approving the indebtedness if authorized to do so by a statute or charter.
(3) As used in this section, "city" has the meaning given that term in ORS 221.010. [Amended by 2003 c.195 §9]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.415 - Municipal rights of way; use by electric utilities; power of city to regulate and impose charges.

Recognizing the independent basis of legislative authority granted to cities in this state by municipal charters, the Legislative Assembly intends by ORS 221.420, 221.450 and 261.305 and this section to reaffirm the authority of cities to regulate use of municipally owned rights of way and to impose charges upon publicly owned suppliers of electrical energy, as well as privately owned suppliers for the use of such rights of way. [1987 c.245 §1]
Note:
221.415 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.450 - Privilege tax on public utilities operating without franchise.

Except as provided in ORS 221.655, the city council or other governing body of every incorporated city may levy and collect a privilege tax from Oregon Community Power and from every electric cooperative, people’s utility district, privately owned public utility, telecommunications carrier as defined in ORS 133.721 or heating company. The privilege tax may be collected only if the entity is operating for a period of 30 days within the city without a franchise from the city and actually using the streets, alleys or highways, or all of them, in such city for other than travel on such streets or highways. The privilege tax shall be for the use of those public streets, alleys or highways, or all of them, in such city in an amount not exceeding five percent of the gross revenues of the cooperative, utility, district or company currently earned within the boundary of the city. However, the gross revenues earned in interstate commerce or on the business of the United States Government shall be exempt from the provisions of this section. The privilege tax authorized in this section shall be for each year, or part of each year, such utility, cooperative, district or company, or Oregon Community Power, operates without a franchise. [Amended by 1987 c.245 §3; 1987 c.447 §115; 1989 c.999 §§7,8; 1999 c.865 §30; 1999 c.1093 §7; 2007 c.807 §41]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.460 - Duration of franchises, privileges and permits.

All franchises, privileges or permits for the use of the public highways, streets or alleys granted after June 5, 1931, by any municipal corporation shall not be granted for a longer term than 20 years, and shall be subject to the provision of ORS 221.470.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.470 - Removal of structures after expiration of grant or franchise.

(1) All property and materials (including poles, posts, towers, wires, conduits, mains, pipes, rails, tracks, ties, railways, pole lines, telegraph, telephone or electric transmission lines, or structures or equipment of any kind) placed in, on, upon, over, under or beneath any public highway, street or alley of this state or municipal corporation, under or by virtue of any grant, privilege or franchise, shall be removed by the owners or owner of the same within one year after the expiration of the grant, privilege or franchise, which permitted the erection or installation of the same, unless further time is granted by the municipal corporation having authority so to do.
(2) Except as otherwise provided in subsection (3) of this section, if all the property and materials referred to in subsection (1) of this section are not removed within one year after the termination or expiration of the grant, privilege or franchise or such further time as may be granted by the state or municipal corporation, all and every part thereof shall be forfeited and escheated to the state or municipal corporation wherein situated.
(3) The state or municipal corporation may notify the owner of the property and materials referred to in subsection (2) of this section that it waives forfeiture and escheat under subsection (2) of this section and may thereafter compel removal of such property and materials from the public highways, streets and alleys and restoration of the public highways, streets and alleys and may maintain court suit to require such removal and restoration by the owner or the payment of the cost thereof by the owner. [Amended by 1957 c.136 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.475 - Territory annexed to city; limitation on electric service by municipal utility.

Nothing contained in any public facility or comprehensive plan of any city shall confer any right on a city to provide electric utility service in or to the annexed territory. [1987 c.737 §8]
Note:
221.475 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.485 - Policy on vehicles for hire.

The Legislative Assembly finds and declares that privately owned taxicabs, limousines and other vehicles for hire are a vital part of the transportation system within this state and provide necessary services in response to the needs of state residents, tourists and business representatives from outside this state. Consequently, the safety and reliability of such vehicles and the economic well-being and stability of their owners and operators are matters of public concern. The regulation of such vehicles is an essential government function and, therefore, it is the intent of the Legislative Assembly to reaffirm the authority of political subdivisions in this state to regulate the operation of privately owned taxicabs, limousines and other vehicles for hire and to exempt such regulation from liability under federal antitrust laws. [1985 c.475 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.495 - Local regulation of vehicles for hire.

Cities and counties in this state are authorized to grant franchises, to license, control and regulate privately owned taxicabs, limousines and other vehicles for hire that operate within their respective jurisdictions. The power to regulate granted under this section includes, but is not limited to:
(1) Regulating entry into the business of providing taxicab, limousine or other similar services.
(2) Requiring a license or permit as a condition for operation of taxicabs, limousines and other vehicles for hire and revoking, canceling or refusing to reissue a license or permit for failure to comply with regulatory requirements.
(3) Controlling the maximum rates charged and the manner in which rates are calculated and collected.
(4) Regulating routes for such vehicles, including restricting access to airports.
(5) Establishing safety, equipment and insurance requirements.
(6) Establishing any other requirements necessary to assure safe and reliable service by such vehicles. [1985 c.475 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.505 - Policy.

The Legislative Assembly recognizes that significant changes have occurred in the regulation, technology and marketing of telecommunications carriers as defined in ORS 133.721 over the past decade. It is the intent of the Legislative Assembly in adopting the privilege tax authorized by ORS 221.505 to 221.515 and 759.219 to respond to these changes by establishing a uniform base for municipal charges for street use by telecommunications carriers. [1989 c.484 §1; 1999 c.1093 §8]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.510 - Municipal regulation of telecommunications carriers.

(1) As used in this section:
(a) "Telecommunications carrier" has the meaning given that term in ORS 133.721.
(b) "Commission" means the Public Utility Commission of Oregon.
(c) "Council" means the common council, city council, commission or any other governing body of any municipality wherein the property of the telecommunications carrier is located.
(d) "Municipality" means any town, municipality or other municipal government wherein property of the telecommunications carrier is located.
(e) "Service" is used in its broadest and most inclusive sense and includes equipment and facilities.
(2) Every municipality may:
(a) Determine by contract, or prescribe by ordinance or otherwise, the terms and conditions, including payment of a privilege tax to the extent authorized by ORS 221.515 and other charges and fees, upon which any telecommunications carrier may be permitted to occupy the streets, highways or other public property within such municipality and exclude or eject any telecommunications carrier therefrom.
(b) Require any telecommunications carrier, by ordinance or otherwise, to make such modifications, additions and extensions to its physical equipment, facilities or plant or service within such municipality as shall be reasonable or necessary in the interest of the public, and designate the location and nature of all additions and extensions, the time within which they must be completed and all conditions under which they must be constructed.
(c) Provide for a penalty for noncompliance with the provisions of any charter provision, ordinance or resolution adopted by the municipality in furtherance of the powers specified in this subsection. [1989 c.484 §4; 1999 c.1093 §9]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.515 - Privilege tax on telecommunications carriers; maximum rate; deduction of additional fees.

(1) The council of every municipality in this state may levy and collect from every telecommunications carrier operating within the municipality and actually using the streets, alleys or highways, or all of them, in such municipality for other than travel, a privilege tax for the use of those streets, alleys or highways, or all of them, in such municipality in an amount which may not exceed seven percent of the gross revenues of the telecommunications carrier currently earned within the boundaries of the municipality. The privilege tax authorized in this section shall be for each year, or part of each year, that such telecommunications carrier operates within the municipality.
(2) As used in this section, "gross revenues" means those revenues derived from exchange access services, as defined in ORS 403.105, less net uncollectibles from such revenues.
(3) A telecommunications carrier paying the privilege tax authorized by this section shall not be required to pay any additional fee, compensation or consideration, including the free use or construction of telecommunications facilities and equipment, to the municipality for its use of public streets, alleys, or highways, or all of them, and shall not be required to pay any additional tax or fee on the gross revenues that are the measure of the privilege tax. As used in this subsection, "use" includes, but is not limited to, street openings, construction and maintenance of fixtures or facilities by telecommunications carriers. As used in this subsection, "additional fee, compensation or consideration" does not include commissions paid for siting public telephones on municipal property. To the extent that separate fees are imposed by the municipality on telecommunications carriers for street openings, construction, inspection or maintenance of fixtures or facilities, such fees may be deducted from the privilege tax authorized by this section. However, telecommunications carriers shall not deduct charges and penalties imposed by the municipality for noncompliance with charter provisions, ordinances, resolutions or permit conditions from the privilege tax authorized by this section.
(4) For purposes of this section, "telecommunications carrier" has the meaning given that term in ORS 133.721. [1989 c.484 §5; 1999 c.1093 §10]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.610 - Disincorporation of cities; effective date.

Any city not liable for any debt or other obligation, may surrender its charter, disincorporate and cease to exist if a majority of the electors of the city authorize the surrender and disincorporation as provided in ORS 221.621 and 221.650. The surrender and disincorporation shall become effective 60 days after the city has authorized surrender and disincorporation. [Amended by 1983 c.350 §25]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 221 - Organization and Government of Cities › Section 221.621 - Disincorporation procedure; petition; election.

(1) This section establishes the procedure for determining whether a city shall disincorporate. The question shall be decided by election. The governing body of the city shall call an election when a petition is filed as provided in this section.
(2) The requirements for preparing, circulating and filing a petition and calling an election under this section shall be as provided for an initiative measure under ORS 250.265 to 250.346, except that notwithstanding ORS 250.325, the governing body of the city shall not consider adoption or rejection of the measure before submitting it to the electors.
(3) Notwithstanding subsection (2) of this section, if ORS 250.255 makes ORS 250.265 to 250.346 inapplicable to a city, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under the city charter or an ordinance adopted under the city charter.
(4) The question of disincorporation shall be submitted to the electors of the city at an election held on the first Tuesday after the first Monday in November in any year, but shall not be submitted more than once in two consecutive calendar years. [1983 c.350 §27 (enacted in lieu of 221.620, 221.630, 221.640 and 221.660); 1987 c.784 §1]