ORS 221.315
Enforcement of charter provisions and ordinances

  • disposition of fines

Mentioned in

The Portland Charter Review Process: A Resource Roundup

ThursdayBram.com, March 7, 2022

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Bibliographic info

(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 (Authority of local governments to make intergovernmental agreement), 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 (Surcharge on fines for courthouse), 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 (Courthouse surcharge accounts). 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]

Source: Section 221.315 — Enforcement of charter provisions and ordinances; disposition of fines, https://www.­oregonlegislature.­gov/bills_laws/ors/ors221.­html.

Notes of Decisions

Where county population exceeds 300,000, provisions of ORS 8.650 make agreement between city and county unnecessary. City of Portland v. Smith, 75 Or App 38, 705 P2d 205 (1985), Sup Ct review denied

221.005
Legislative findings 221.010
Definitions for ORS 221.020 to 221.100 221.020
Authority to incorporate 221.031
Petition to incorporate 221.032
Annexation during pendency of incorporation 221.034
Incorporation of rural unincorporated community and contiguous lands 221.035
Economic feasibility statement 221.036
Inclusion of area within urban growth boundary in incorporation of rural unincorporated community 221.040
Hearing on petition to incorporate 221.050
Incorporation election 221.061
Election expenses 221.090
Terms of office of first city council 221.100
Validation of incorporation under prior laws 221.106
Prohibitions related to signing of incorporation petition 221.110
City officers 221.120
City council 221.130
Mayor 221.140
Appointment of municipal judge and other city officers 221.142
Qualifications for municipal judges 221.145
Basing compensation of city officers upon fines prohibited 221.160
Special elections to fill council vacancies 221.180
Procedure for nomination of candidates for city offices 221.200
Law governing city elections 221.210
Referendum and initiative for municipal measures and charter amendments 221.230
Election dates 221.240
Disclosure to city auditor of legally protected material 221.275
Definitions for ORS 221.275 to 221.290 221.277
Violation of city parking ordinance 221.285
Notice of delinquent parking violation to rental or leasing company 221.287
Recovery of fine from renter or lessee of vehicle 221.290
Application of ORS 221.275 to 221.290 221.295
Ordinances regulating placement or height of radio antennas 221.310
Effective date of ordinances, resolutions and franchises 221.315
Enforcement of charter provisions and ordinances 221.330
Publication or posting of ordinances 221.333
Parking ordinance violation 221.336
Establishment of municipal court 221.339
Jurisdiction of municipal court 221.342
Method by which municipal court becomes court of record 221.343
Method by which municipal court ceases to operate as court of record 221.344
Registration of municipal court 221.346
Enforcement of judgments of municipal court 221.351
Liens based on municipal court judgment 221.352
Municipal court docket 221.353
Disqualification of municipal judge for prejudice 221.354
Trial by jury in criminal cases 221.355
Agreement between cities for judicial services 221.357
Provision of judicial services to city by circuit court 221.358
Audio recording or reporting of municipal court proceedings 221.359
Appeals from conviction in municipal court 221.360
Appeal on issue of constitutionality of charter provision or ordinance 221.370
Validity of charter or ordinance provision determined before merits 221.380
Appeal by city from invalidating order 221.390
Trial, procedure and sentence in circuit court on appeal from municipal court 221.410
Power of city to control local affairs 221.415
Municipal rights of way 221.420
Municipal regulation of public utilities 221.450
Privilege tax on public utilities operating without franchise 221.460
Duration of franchises, privileges and permits 221.470
Removal of structures after expiration of grant or franchise 221.475
Territory annexed to city 221.485
Policy on vehicles for hire 221.495
Local regulation of vehicles for hire 221.505
Policy 221.510
Municipal regulation of telecommunications carriers 221.515
Privilege tax on telecommunications carriers 221.610
Disincorporation of cities 221.621
Disincorporation procedure 221.650
Property conveyed to county 221.655
Privilege tax on distribution utilities 221.720
Situs of cities 221.725
Sale of real property by city 221.727
Alternative procedure for sale of city-owned real property 221.729
Sale of city-owned real property to develop affordable housing 221.735
Continuation of collection service after incorporation 221.750
Right of cities to public areas not extinguished by adverse possession or statute of limitations 221.760
Prerequisites for cities in counties of over 100,000 population to receive revenues from cigarette, gas and liquor taxes 221.770
Revenue sharing to cities 221.785
Effect of challenge of validity of incorporation 221.862
“Historic ghost town” defined 221.867
Filling vacancies in city council of historic ghost town to form quorum 221.869
Preference for appointment to city council of historic ghost town 221.872
State shared revenues not available to historic ghost town 221.901
Cities organized under 1893 Act 221.902
City officers 221.903
Bond and oath of officers 221.904
Vacancies 221.905
Compensation of city officers 221.906
Election procedure generally 221.907
Eligibility for office 221.908
Council meetings 221.909
Council meetings 221.910
Council to judge qualifications of members 221.911
Rules on council’s granting franchise or payment of money 221.912
Procedures applicable to ordinances 221.913
Claims against cities 221.914
Prosecution for violation of ordinance 221.915
Nuisance defined 221.916
Powers of common council 221.917
Functions and duties of mayor 221.918
Duties of recorder 221.919
Powers and duties of marshal 221.920
Duties of treasurer 221.921
Interest of officers in city contracts 221.924
Authority to make public improvements 221.925
Tax deeds 221.926
Authority to enact ordinances 221.927
Approval or veto of ordinances 221.928
Record of ordinances
Green check means up to date. Up to date

Current through early 2024

§ 221.315’s source at oregon​.gov