Organization and Government of Cities

ORS 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 (Appeals from conviction in municipal court), such person shall have the right of appeal to the circuit court in the manner provided in ORS 221.359 (Appeals from conviction in municipal court), 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]

Notes of Decisions

Scope of appellate court review of district court convictions of ordinance violations is equivalent to that available to persons appealing from district court convictions of state offenses. City of Portland v. Poindexter, 38 Or App 551, 590 P2d 781 (1979)

Provisions of this section, which limit appeals from circuit review of municipal court convictions to questions of constitutionality of ordinances or charter provisions, do not violate United States or Oregon Constitutions. City of Klamath Falls v. Winters, 289 Or 757, 619 P2d 217 (1980)

Court of Appeals has jurisdiction where defendant challenges provision that is inseparable from provision under which defendant was convicted. City of Eugene v. Miller, 119 Or App 293, 851 P2d 1142 (1993), aff'd on other grounds, 318 Or 480, 871 P2d 454 (1994)

For purposes of right to appeal, issue as to constitutionality of charter provision or ordinance may be raised as either facial or as-applied challenge. City of Eugene v. Lincoln, 183 Or App 36, 50 P3d 1253 (2002)

Limitation on scope of decision by appellate court regarding constitutional issue applies only to municipal court conviction for which city ordinance otherwise prohibits appeal. City of Eugene v. Lincoln, 183 Or App 36, 50 P3d 1253 (2002)

Once appellant meets prerequisite of raising cognizable facial or as-applied challenge to constitutionality of ordinance, appellate court may address both constitutional and nonconstitutional contentions. City of Lowell v. Wilson, 197 Or App 291, 105 P3d 856 (2005), Sup Ct review denied

Completed Citations

Portland v. Olson, 4 Or App 380, 481 P2d 641 (1971), Sup Ct review denied

§§ 221.336 to 221.390

Notes of Decisions

Person who is convicted in municipal court and appeals that conviction to circuit court, pursuant to these sections, may appeal adverse decision of circuit court to Court of Appeals only if case involves constitutionality of ordinance under which defendant was convicted. City of Lincoln City v. Pennington, 91 Or App 713, 756 P2d 75 (1988)


Source

Last accessed
Jun. 26, 2021