(A) Purpose. The purpose of this procedural provision is to:
(1) Provide rules and procedures necessary for the enforcement of city ordinances;
(2) Supplement existing jurisdictional law and to supplement Oregon Revised Statutes (“O.R.S.”) Chapter 153 by being “other specifically provided law” for the issuance of a summons and complaint of any alleged city ordinance offense whether or not prosecuted as a violation; and
(3) Make clear the bases for obtaining jurisdiction over persons and property for offenses committed within the jurisdiction of the city.
(B) Rules. Oregon Civil Rules of Procedure (ORCP) Nos. 4 (Personal Jurisdiction), 5 (In rem Jurisdiction), 6 (Jurisdiction without Service), 7 (Summons) and 8 (Process) are incorporated here, are adopted by reference and are made a part of this section. Where “state” is referenced within those rules, then “City of Tillamook” shall be included within the definition of “state” or shall replace “state” as may be required to fulfill the purposes of the law or laws. Each ORCP rule above shall apply to the enforcement of city ordinances in addition to rules for the enforcement of violations within O.R.S. Chapter 153 and any other law. Where any conflict exists, then this section shall control. However, this section shall as far as possible be interpreted broadly to complement, rather than conflict with, other law.
(C) Persons authorized to issue and serve citation, summons and complaints. Peace officers are authorized to issue citations for ordinance violations provided the citation is subscribed in a manner provided by law. The City Attorney or other authorized public official may issue a summons and complaint provided the citation is subscribed in a manner provided by law. OTHER AUTHORIZED PUBLIC OFFICIAL shall include a land use or code enforcement officer. A citizen may sign a citation in a manner provided by law, which manner shall include a signature under an acknowledgment of penalty for any false swearing or perjury. Peace officers shall cause the service of any citation, summons and complaint, or any other process authorized by this section in a manner consistent with the law, including division (B) above. This service shall include, but is not limited to, service by another police department as agent for the City Police Department.
(D) City Attorney. The City Attorney shall act as legal counsel for the city in any enforcement proceeding conducted pursuant to this section. The City Attorney may prosecute a violator of any city ordinance in the name of the city.
(E) Resolution reaffirmation. The provisions of division (B) above may be reaffirmed by resolution annually or any other time as the Council may decide.
(Prior Code, § 10.19) (Ord. 1207, passed 3-20-2006)