ORS 221.315¹
Enforcement of ordinance and charter provisions
  • disposition of fines, costs and forfeited security deposit

(1) Prosecution of violations of the charter or ordinances of a city in circuit or justice court shall be by the city attorney and in the name of such city. An agreement may be made between any city and, on behalf of the state, the presiding judge for the judicial district in which all or part of such city is located, that such violations be prosecuted for such city in the circuit court by the district attorney in the name of the State of Oregon. An agreement may be made, pursuant to ORS 190.010 (Authority of local governments to make intergovernmental agreement), between any city and the county in which all or part of such city is located, that such violations be prosecuted for such city in the justice court by the district attorney in the name of the State of Oregon.

(2) Except as otherwise provided by an agreement made under subsection (1) of this section in respect to the court, all fines, costs and forfeited security deposits collected by the circuit or justice court having jurisdiction of a violation of a city charter or ordinance shall be paid as follows:

(a) One-half of all fines and forfeited security deposits shall be credited and distributed under ORS 137.293 (All monetary obligations constitute single obligation on part of convicted person) and 137.295 (Categories of monetary obligations) to the treasurer of the city whose charter or ordinance was violated, as a monetary obligation payable to the city.

(b) If collected by the circuit court, the costs and one-half of the fines and forfeited security deposits shall be credited and distributed under ORS 137.293 (All monetary obligations constitute single obligation on part of convicted person) and 137.295 (Categories of monetary obligations), as a monetary obligation payable to the state.

(c) If collected by the justice court, the costs and one-half of the fines and forfeited security deposits shall be credited and distributed under ORS 137.293 (All monetary obligations constitute single obligation on part of convicted person) and 137.295 (Categories of monetary obligations) to the treasurer of the county in which the court is located as a monetary obligation payable to the county. [1973 c.645 §3; 1975 c.713 §2; 1981 s.s. c.3 §114; 1983 c.763 §48; 1987 c.905 §19; 1995 c.781 §41; 1995 c.658 §92a; 1999 c.1051 §264]

Notes of Decisions

Where county popula­tion exceeds 300,000, pro­vi­sions of ORS 8.650 (District attorney as public prosecutor) make agree­ment between city and county unnecessary. City of Portland v. Smith, 75 Or App 38, 705 P2d 205 (1985), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 221—Organization and Government of Cities, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors221.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 221, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­221ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information