ORS 203.810
Offenses under county law

  • jurisdiction
  • prosecutions
  • enforcement

(1)

As used in this section:

(a)

“County law” means a county charter adopted pursuant to ORS 203.710 (Performance of functions by officers designated by county law) to 203.770 (Copies of charters and amendments, revisions and repeals) and legislation passed by a charter county or any ordinance enacted by a general law county.

(b)

“County offense” means any crime or offense defined or made punishable by county law.

(2)

Except as may be provided otherwise by county law:

(a)

The justice courts and circuit court for a county have jurisdiction of county offenses to the same extent as such courts have jurisdiction of crimes or offenses defined or made punishable by state law, as determined by the maximum punishment which may be imposed therefor.

(b)

The district attorney shall prosecute county offenses unless the county governing body elects to have the prosecution of such offenses conducted by a county counsel appointed pursuant to ORS 203.145 (Appointment of legal counsel for county governing body).

(c)

The practice and procedure as to the prosecution, trial and punishment of county offenses shall be the same as in the case of similar crimes or offenses defined or made punishable by state law.

(3)

Except as may be provided otherwise by county law and subject to limitations on its civil jurisdiction under state law, the justice court and circuit court for a county have jurisdiction of a civil proceeding maintained by a county under ORS 30.310 (Actions and suits by governmental units) or 30.315 (Proceedings by cities and counties to enforce ordinances and resolutions), including a proceeding to abate or enjoin any act or condition that is declared to be a nuisance by an ordinance of the county.

(4)

Judgments based on county offenses may be enforced in the manner provided by ORS 52.600 (Enforcement of justice court judgments generally). [1961 c.724 §33; 1963 c.611 §1; 1977 c.622 §1; 1981 c.75 §1; 1985 c.626 §2; 1995 c.658 §91; 1999 c.788 §49]

Source: Section 203.810 — Offenses under county law; jurisdiction; prosecutions; enforcement, https://www.­oregonlegislature.­gov/bills_laws/ors/ors203.­html.

Notes of Decisions

This section and not ORS 3.130 governs enforcement of county laws regulating private conduct, as distinct from jurisdiction of county courts under state laws or over “transaction of county business.” Caffey v. Lane County, 298 Or 183, 691 P2d 94 (1984)

County authority to create exceptions governing state court enforcement of county law does not allow county to permit citizen commencement of violation proceeding in state court where ordinance is not of type listed in ORS 153.058. Hood River County v. Stevenson, 177 Or App 78, 33 P3d 325 (2001)

203.010
General powers of county as body politic and corporate
203.015
Power of county to contract for purchase or lease of real or personal property
203.030
Definition for ORS 203.030 to 203.075
203.035
Power of county governing body or electors over matters of county concern
203.040
Inapplicability of ordinances inside incorporated city
203.045
Procedure for adopting ordinance
203.055
Referral of taxation related ordinance
203.060
Judicial review and invalidation of ordinances
203.065
Violation of county ordinances
203.075
Applicable law for local improvement assessments
203.085
County election dates
203.105
Program in Governor’s office to assist counties in fiscal distress
203.111
County governing body
203.115
County power to change fees
203.132
Inclusion of property outside county or in city in county assessment for local improvement
203.135
Eminent domain power of county
203.145
Appointment of legal counsel for county governing body
203.148
Public Land Corner Preservation Fund
203.230
Abolishing office of county judge and establishing board of county commissioners in noncharter county
203.240
Organization, powers and duties of board
203.710
Performance of functions by officers designated by county law
203.720
Electors of county may adopt, amend, revise or repeal county charter
203.725
County charter amendment
203.730
Charter committee appointed after filing of resolution or petition
203.740
Charter committee and members
203.750
County funds for charter committee
203.760
Submission of proposed charter to electors after public hearing
203.770
Copies of charters and amendments, revisions and repeals
203.810
Offenses under county law
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