(A) A citation conforming to the requirements of this section may be used for all ordinance violations, excluding motor vehicle parking and boating violations, which occur within the boundaries of the city.
(B) The citation shall consist of at least four parts. Additional parts may be inserted for administrative use. The required parts are:
(1) Complaint;
(2) Appropriate department’s record of violation;
(3) Summons; and
(4) Return of service.
(C) Each of the parts shall contain the following information or blanks in which such information shall be entered:
(1) Name of the court;
(2) Name of the defendant cited for violation;
(3) The name of the city in whose name the action is brought;
(4) Brief description of violation of which the defendant is charged in such manner as can be readily understood by a person making a reasonable effort to do so; the date, time and place at which the violation occurred, the date on which the citation and complaint was issued, and the name of the enforcement officer issuing the citation;
(5) The time, date, and place where the person cited is to appear in court; and
(6) The bail, if any, affixed for the violation by schedule.
(D) The complaint shall contain a form of certificate by the enforcement officer to the effect that the enforcement officer has reasonable grounds to believe, and does believe, that the person cited committed a violation of a city ordinance. The certification need not be made before a magistrate or any other person. A certificate conforming to this section shall be deemed equivalent to a sworn statement.
(E) The reverse side of the complaint shall contain the court record and contain the substance of the matter appearing on the reverse side of all uniform complaints used in the District court of the county or otherwise directed by the district court.
(F) The summons shall contain a notice to the person that the complaint will be filed with the district court of the state for the county. The reverse side of the summons shall contain the following in a form substantially as follows:
Read Carefully
You have been charged with a violation of a city ordinance. You must do one of the following:
1. Appear in court at the time when this summons requires you to appear and request a hearing. The court will then set a time for a hearing; or
2. Mail to the court this summons, together with a check or money order in the amount of the bail indicated on the other side of this summons and tell the court you request a hearing. This summons and the bail must reach the court before the time when this summons requires you to appear in court. If you do not want a hearing, but wish to explain your side, send your explanation with the summons and bail. The court will then consider your explanation and may forfeit your bail or part of it, on the basis of your explanation and what the complaint tells the court; or
3. Sign the plea of guilty and send this summons to the court, together with check or money order in the amount of bail indicated on the other side of this summons. This summons and the bail must reach the court before the time when this summons requires you to appear in court. Note: if you have already given bail or other security for your appearance, proceed as mentioned above but do not send in any additional sum as bail.
Appearance, Plea of Guilty, and Waiver
I, the undersigned, do hereby enter my appearance on the complaint of the violation charged on the other side of this summons. I have been informed of my right to a hearing, that my signature to this plea of guilty will have the same force and effect as a judgment of court. I do hereby plead guilty to said violation as charged, waive my right to a hearing by the court, and agree to pay the penalty prescribed for my violation.
(Defendant’s Name)
(Defendant’s Address)
Mail your remittance to:
Lincoln County District Court
Lincoln County Courthouse
225 West Olive
Newport, Oregon 97365
Notice
If you fail to comply with these instructions, the court is authorized to issue a warrant for your arrest.
If you fail to do one of the three foregoing procedures, or fail to appear for a hearing at the time set by the court, the court is authorized to issue a warrant for your arrest.
The court may in any case, after notice, require you to appear for a hearing.
(G) Any error in transcribing information into the blanks provided in the citation form when determined by the court to be nonprejudicial to the defendant’s defense, may be corrected at the time of hearing or prior to time of hearing with notice being given to the defendant.
(H) Except as provided in division (G) above, the complaint shall be set aside by the court only upon the motion of the defendant before plea, if it does not conform to the requirements of this section.
(I) Nothing contained herein prohibits the court from amending the citation in its discretion.
(Ord. 94, passed 7-7-1982)