A. An offense is conduct for which a sentence to a term of imprisonment or to a fine is imposed by a provision of this code. An offense is either a misdemeanor or a violation, unless otherwise specifically provided for.
B. An offense is a misdemeanor if it is so designated in provisions of this code or if a person convicted thereof may be sentenced to a term of imprisonment.
C. An offense is a violation if:
1. The offense is so designated in the ordinance defining the offense;
2. The ordinance prescribing the penalty for the offense provides that the offense is punishable only by a fine, forfeiture, fine and forfeiture or other civil penalty; or
3. The offense is declared to be a violation for purposes of the particular case, as provided in subsection D of this section.
D. Upon appearance of the defendant upon any misdemeanor charge other than a misdemeanor created under the Oregon vehicle code, and before asking how the defendant pleads to the charge, the court may declare on the record its intention, absent objection by the prosecuting city attorney, to treat the offense in the case as a violation. If the prosecuting city attorney does not object to such treatment, the accusatory instrument shall be amended to denominate as a violation, the offense in the case, and the offense for purposes of the case shall thereafter be treated as a violation, subject to a fine as provided for in this chapter.
If the prosecuting city attorney does object, the offense in such case shall thereafter continue to be treated as a misdemeanor. If the offense is denominated a violation pursuant to this subsection, the court shall when it enters judgment in the case clearly denominate the offense as a violation in the judgment order. Nothing stated in this subsection shall prohibit the citing officer or prosecuting city attorney from moving the court for treatment of the offense in the case as a violation at any time during the proceedings, and the city officer or city attorney, as the case may be, upon subsequent approval by the court designate upon the accusatory instrument that the offense be treated as a violation when the accusatory instrument is completed in the first instance or when thereafter amended.
E. Conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of a crime. (Ord. 780)