(A) The Municipal Court and the Judge thereof shall have jurisdiction over all violations of city ordinances. This requirement shall not be interpreted as preventing the City of Union from contracting with another public body for judicial services by a judge thereof, nor from citing any person into the Circuit Court of the State of Oregon when the offence to be charged is a violation of state law.
(B) Persons to be charged with a violation of an ordinance of the City of Union shall not be arrested, but shall be summoned to appear before the Municipal Judge by means of a summons, complaint, citation, or a combination thereof. The Municipal Judge shall have the authority by rule to determine the requirements of the form and content of documents used to charge violations. Absent adoption of rules by the Court, such documents shall at a minimum comply with due process.
(C) The only answers to documents charging a violation shall be an admission, a denial, or an answer of "no contest." A denial shall be deemed to controvert every material allegation in the complaint, citation, or summons.
(D) Motions, answers, and pleas to documents charging a violation shall be made either orally in open court or in writing, according to rules of procedures as may be set by the Municipal Judge.
(E) Upon an answer of "no contest" or admission to a complaint charging an infraction, the Court shall render judgment against the respondent. Upon an answer of denial, the Court shall set the case for trial without a jury, unless the person charged is entitled to a jury pursuant to §§ 34.01 through 34.13, as amended by this chapter.
(F) In lieu of a personal appearance and answer, the person charged with a violation may file with the Court a written waiver of appearance and forfeiture accompanied by a deposit of the scheduled forfeiture as provided for in § 35.99(F). In addition, the person may file with the waiver a written explanation of the circumstances of the infraction. The Municipal Judge may, after any further investigation the Judge deems necessary to verify the respondent's explanation, reduce all or a portion of the scheduled forfeiture and refund any balance to the person charged.
(G) The Municipal Court, or an attorney licensed to practice law in the State of Oregon, shall have the power to issue summons for the appearance of witnesses in Municipal Court. It shall be the duty of all persons duly subpoenaed in any cause pending in the Municipal Court to attend such Court and testify in accordance with the requirements of such subpoena.
(H) Any witness who shall refuse to attend the Municipal Court or to testify as required by the preceding division (G) shall be deemed and held to be guilty of contempt of Court, and such court, in case of such refusal, shall have authority to issue a warrant for the arrest of any person so refusing and, on the persons being brought before the Court on such warrant, unless the person shall purge himself or herself of such contempt by showing his or her inability to attend and testify as required by the subpoena served on him or her, the Court shall summarily impose upon the person a fine not exceeding $100.
(I) The laws of the State of Oregon governing the payment of witnesses in Justice Court shall be and they are hereby adopted in their entirety for the Municipal Court as to the per diem payment and per mileage payment.
(Ord. 498, passed 12-12-2005)