The city of Sandy adopts by reference that certain code of ordinance provisions of the city entitled "Sandy Municipal Code" that the council received June 2, 1975, an order placed on file for public inspection in the office of the recorder and that has since continuously been so on file and available for public inspection during regular office hours, as fully as if this chapter set forth in full the entire contents of the code.
The city of Sandy also adopts by reference Ordinances Nos. 22-75 and 23-75, which were adopted by the city council after June 2, 1975, and prior to the adoption of the ordinance codified in this chapter, as part of the "Sandy Municipal Code." (Ord. 20-75 § 1, 1975.)
This code shall be known as the "Sandy Municipal Code" and it shall be sufficient to refer to this code as the "Sandy Municipal Code" in any prosecution for the violation of any provision of this code or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "Sandy Municipal Code." Further reference may be had to the titles, chapters, sections and subsections of the "Sandy Municipal Code," and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. (Ord. 20-75 § 2, 1975.)
This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city of Sandy, Oregon. (Ord. 20-75 § 3, 1975.)
1.01.040 Reference applies to all amendments.
Whenever a reference is made to this code as the "Sandy Municipal Code" or to any portion thereof, or to any ordinance of the city of Sandy, Oregon, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 20-75 § 4, 1975.)
1.01.050 Title, chapter and section headings.
Title, chapter and section headings contained in this code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section of this code. (Ord. 20-75 § 5, 1975.)
1.01.060 Reference to specific ordinances.
The provisions of this code shall not in any manner affect matters of record which refer to or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 20-75 § 6, 1975.
1.01.070 Savings provisions.
This chapter shall not affect:
A. Any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established or accruing before the ordinance codified in this chapter is enacted;
B. Any ordinance or resolution promising or guaranteeing the payment of money by the city or authorizing any contract or the issuance of any obligation assumed by the city;
C. The legal status of any nonconforming use;
D. Any tax levy;
E . Any right or franchise conferred by ordinance or resolution on any person or corporation;
F. The term of office of members of the planning commission and members of all other city offices, official positions, boards or commissions created under an ordinance repealed by the ordinance codified herein; these officials shall continue to hold office for the period of time specified in the repealed ordinance;
G . Any ordinance relating to the boundaries of the city;
H. Any ordinance annexing territory to the city;
I. Any ordinance naming, opening, accepting or vacating a street or alley;
J. Any ordinance relating to a street, sidewalk, alley, sewer or other public improvement or an assessment therefor;
K. Any prosecution, suit or proceeding pending at the time the ordinance codified in this chapter is enacted; or
L. Any judgment rendered prior to the time the ordinance codified in this chapter is enacted.
(Ord. 20-75 § 7, 1975.)
1.01.080 Effective date.
This code shall become effective on the date the ordinance codified in this chapter adopting this code as the "Sandy Municipal Code" becomes effective.
(Ord. 20-75 § 8, 1975.)
If any section, subsection, sentence, clause or phrase is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 20-75 § 9, 1975.)
The following words and phrases, whenever used in the ordinances of the city of Sandy, Oregon, shall be construed as defined in this section unless from the context a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:
1. "City" means the city of Sandy, Oregon, or the area within the territorial limits of the city of Sandy, Oregon, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.
2. "Computation of time" means the time within which an act is to be done. It is computed by excluding the first day and including the last day, and if the last day is Sunday or a legal holiday, that day shall be excluded.
3. "Council" means the city council1 of the city of Sandy, Oregon. "All its members" or "all councilmen" means the total number of councilmen provided by the general laws of the state of Oregon.
4. "County" means the county of Clackamas, Oregon.
5. "Law" denotes applicable federal law, the Constitution and statutes of the state of Oregon, the ordinances of the city of Sandy, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
6. "May" is permissive.
7. "Month" means a calendar month.
8. "Must" and "shall." Each is mandatory.
9. "Oath" includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" are equivalent to the words "affirm" and "affirmed."
10. "Ordinance" means a law of the city, provided that a temporary or special law, administrative action, order or directive may be in the form of a resolution.
11. "Owner," applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.
12. "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
13. "Personal property" includes money, goods, chattels, things in action and evidences of debt.
14. "Preceding" and "following" mean next before and next after, respectively.
15. "Property" includes real and personal property.
16. "Real property" includes lands, tenements and hereditaments.
17. "Sidewalk" means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
18. "State" means the state of Oregon.
19. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
20. "Tenant" and "occupant," applied to a building or land, include any person who occupies whole or a part of such building or land, whether alone or with others.
21. Title of Office. Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city.
22. "Written" includes printed, typewritten, mimeographed or multigraphed.
23. "Year" means a calendar year.
24. All words and phrases shall be construed and understood according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent.
(Ord. 26-74 § 1, 1974.)
1.04.020 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances of the city:
A. Gender. Designation in the form of any gender includes the masculine, feminine and neuter genders.
B. Singular and Plural. The singular number includes the plural and the plural includes the singular.
C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.
Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language.
(Ord. 26-74 § 2, 1974.)
1.04.030 Prohibited acts include causing and permitting.
Whenever in the ordinances of the city, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 26-74 § 3, 1974.)
The provisions of the ordinances of the city, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice. (Ord. 26-74 § 4, 1974.)
1.04.050 Repeal shall not revive any ordinances.
The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Ord. 26-74 § 5, 1974.)
Whenever necessary to make an inspection to enforce any ordinance or resolution, or whenever there is reasonable cause to believe there exists an ordinance or resolution violation in any building or upon any premises within the jurisdiction of the city, any authorized official of the city may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him by ordinance; provided, that except in emergency situations or when consent of the owner and/or occupant to the inspection has been otherwise obtained, he shall give the owner and/or occupant, if they can be located after reasonable effort, twenty-four hours' written notice of the authorized official's intention to inspect. The notice transmitted to the owner and/or occupant shall state that the property owner has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 24-74 § 1, 1974.)
Unless otherwise specifically provided, any person violating any provisions or failing to comply with any of the ordinances of the city is guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of the city shall be punished by a fine of not more than five hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provisions of the ordinances of this city is committed, continued or permitted by any such person, and he shall be punished accordingly. (Ord. 14-75, 1975.)
1.18.010 Establishment and purpose.
A. A procedure to handle violations of city ordinances as civil infractions, subject to the provisions set forth below, is established, pursuant to the home rule powers granted the city by Article IV, Section 1, and Article XI, Section 2 of the Oregon Constitution and by Sections 4 and 5 of the Sandy City Charter.
B. A civil infractions procedure has been established for the purpose of decriminalizing penalties for violations of certain civil ordinances and for the purpose of providing a convenient and practical forum for the civil hearing and determination of cases arising out of said violations. (Ord. 22-79 § 1, 1979.)
For the purpose of this chapter, the following definitions apply:
A. City Infractions.
An offense against the city in the form of a violation of any provision of the Sandy Municipal Code which provides
no specific penalty or provides a penalty other than imprisonment. All infractions shall be handled in accordance with the procedures established by this chapter. When an infraction is of a continuing nature, a separate infraction will be deemed to occur on each calendar day the infraction continues to exist and separate citations may be filed for each such infraction.
B. Forfeiture ; Forfeiture Schedule. The only penalty to be imposed for an infraction is a monetary penalty called a forfeiture. The municipal court shall, however, possess the additional enforcement powers set forth in Section 1.18.040. The appropriate forfeiture to be assessed for a specific infraction will be determined from the forfeiture schedule in Section 1.18.050. The procedure prescribed by this chapter shall be the exclusive procedure for imposing forfeiture; however, this section shall not be read to prohibit in any way any other alternative remedy set out in ordinances covered by this infraction procedure which is intended to abate or alleviate ordinance violations, nor shall the city be prohibited from recovering, in a manner prescribed by law, any expense incurred to it in abating or removing ordinance violations pursuant to said ordinances.
The term "person," as used in this chapter, shall be construed to include any person, firm, partnership, corporation, or association of persons.
(Ord. 11-85 § 1, 1985; Ord. 22-79 § 2, 1979.)
1.18.030 Infraction procedure.
A. Reporting. All reports of infractions covered by this chapter will be made to the city manager or his designated representative.
B. Uniform Infraction Citation and Complaint.
1. A uniform infraction citation and complaint signed by the city manager or his designated representative may be filed with the municipal court, charging the recipient with a civil infraction and setting a date for said person to appear before the municipal court to answer said complaint.
2. The city manager or his designated representative shall prescribe the form of the uniform infraction citation and complaint but it shall consist of at least three parts. Additional parts may be inserted for administrative purposes by those charged with the enforcement of the ordinances. The required parts are:
a. The complaint;
b. The city department record;
c. The summons.
3. Each of the three parts shall contain the following information:
a. The name of the court and the court's file number;
b. The name of the person or persons cited;
c. The infraction with which the person is charged, the date, time and place the infraction occurred, or if the infraction is of a continuing nature, the date, time and place the infraction was observed by the city manager or his designated representative, the date on which the citation was issued, and the name of the complainant;
d. The scheduled forfeiture for the alleged infraction;
e. The time and place at which the person cited is to appear in court.
4. The complaint shall contain a form of verification by the city administrator or his designated representative that he swears that he has reasonable grounds to believe, and does believe, that the person cited committed the infraction.
5. The summons shall also contain notice to the person cited that a civil complaint will be filed in the municipal court of Sandy.
1. A person who receives a summons for an infraction shall answer such summons by personally appearing to answer at the time and place specified therein, except an answer may be made by mail or personal delivery within ten days of the date of the receipt of the summons as provided in divisions 2 and 3 of this subsection.
2. If a person alleged to have committed an infraction admits the infraction or otherwise desires to pay the forfeiture without appearing in municipal court, he may complete the appropriate answer on the back of each summons and forward the summons to the municipal court. A check or money order in the amount of the forfeiture for the infraction alleged as shown on the face of the summons shall also be submitted with the answer.
3. If the person alleged to have committed the infraction denies part or all of the infraction, he may request a hearing by completing the appropriate answer on the back of the summons and forwarding the summons to the municipal court. Upon receipt, the answer shall be entered and a hearing date established by the municipal court. The municipal court shall notify the person alleged to have committed the infraction by mail, of the date of the hearing.
4. The court may, in any case, after notice, require the cited person to appear for a hearing.
1. Every hearing to determine whether an infraction has occurred shall be held before the municipal court without a jury.
2. The hearing shall be limited to production of evidence only on the infraction alleged in the complaint.
a. Oral Evidence. Oral evidence shall be taken only on oath or affirmation.
b. Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.
c. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
d. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.
3. The defendant shall have the right to present evidence and witnesses in his favor, to cross-examine witnesses who testify against him. and to submit rebuttal evidence.
4. The defendant may be represented by counsel, but counsel shall not be provided at public expense. If defense counsel is to appear, written notice shall be provided to the municipal court ten days prior to the hearing date, excluding weekends and holidays.
5. The city shall have the burden of proving the alleged ordinance infraction by a preponderance of the evidence.
6. After due consideration of the evidence and arguments presented at the hearing, the court shall determine whether the infraction as alleged in the complaint has been established. When the infraction has not been established, an order dismissing the complaint shall be entered in the municipal court records. When a determination is made that an infraction has been established or if an answer admitting the infraction has been received, or the forfeiture otherwise paid by the defendant, an appropriate order shall be entered in the municipal court records.
7. Unless otherwise provided by ordinance, upon a finding that an infraction has occurred, the court shall assess the forfeiture shown on the schedule established in accordance with this chapter plus court costs.
8. There shall be no administrative appeal or legal review from a determination by the municipal court of an infraction violation.
(Ord. 22-79 § 4, 1979.)
A. If a cited person fails to answer the summons or appear at a scheduled hearing as provided in this chapter, the municipal court may enter a default judgment for the scheduled forfeiture applicable to the charged infraction, or it may issue a warrant for the arrest of the cited person for reason of his nonappearance, or it may do both of the above actions.
B. After a hearing and determination by the municipal court that an infraction has occurred, the court shall assess the scheduled forfeiture applicable to the determined infraction
C. Delinquent forfeitures and those brought to default judgment which were assessed for infractions occurring on real property or for improper use of real property may be held as city liens against said real property and collected in the same manner as other such debts owing to the city.
D. Nothing in this section shall limit the city from revoking or denying any city license or permit held or desired by a person owing a forfeiture to the city.
Nothing in this section shall limit the inherent power of the municipal court to impose criminal penalties for contempt of court in cases where it deems such sanctions appropriate.
(Ord. 22-79 § 5, 1979.)
A. All assessment of a forfeiture for an infraction shall be an amount not to exceed five hundred dollars.
Each day a violation continues or occurs shall constitute a separate infraction.
(Ord. 12-85 § 2, 1985.)
1.20.010 Right to trial by jury.
Every person charged with an offense which carries a potential sentence of incarceration, as defined and made punishable by the City Charter or city ordinance shall have the right to trial by jury. (Ord. 12-85 § 1, 1985: Ord. 1-74 § 1, 1974.)
1.20.020 Number of jurors.
The jury shall consist of six persons duly sworn to try the cause for which they are called. The jurors shall be selected as provided in this chapter. (Ord. 1-74 § 2, 1974).
1.20.030 Term of court.
The terms of municipal court shall be for a period of one year, beginning on January 1st of each year following the passage of the ordinance codified herein. (Ord. 1-74 § 3, 1974.)
1.20.040 Jury list.
Upon the passage of the ordinance codified herein, and commencing on January 2, 1974, the recorder shall prepare a preliminary jury list, by lot, of not less than one hundred fifty nor more than five hundred names of persons selected from the latest tax role and registration books used in the last city election. The recorder, in preparing the preliminary jury list, shall place thereon only those names of persons who are known or believed to be possessed of the qualifications described in O.R.S. 10.030 and not entitled to exemption as provided in O.R.S.10.040.
If for any reason the making of a jury list is omitted and neglected on the 2nd day of January, it may be done on the first Monday of any month following to serve until the close of the year, and until another list is made. (Ord. 1-74 § 4, 1974.)
1.20.050 Jury panels.
The jury panel for each term shall be selected on the first day of each term of court and the recorder shall select one hundred names of persons, by lot, from the preliminary jury list, to serve as a jury panel until the next panel is selected. No person shall be required to serve more than one term during any three-year period. A jury panel shall be selected on January 2, 1974, upon the passage of the ordinance codified herein and thereafter on January 2nd of each and every year; provided, however, that if the preliminary jury list is not selected on the second day of January of any year, the jury panel may be selected on the first Monday of any following month. The jury panel shall be selected by the recorder in the presence of the municipal judge. No challenge shall be made or allowed to the panel and substantial compliance with this chapter for selecting the panel shall be sufficient. (Ord. 1-74 § 5, 1974.)
1.20.060 Selection of trial jury.
At least ten days, excluding Sundays and legal holidays, prior to the trial date, the defendant or his attorney and the city attorney shall appear before the municipal judge for the selection of the trial jury. The time and place of said selection shall be designated by the court and the judge thereof shall notify the defendant or his attorney and the city attorney of said time and place. The judge shall then select, by lot, six names of persons from the jury panel. When it appears to the municipal judge that any of the persons whose names are drawn is dead or resides out of the city, the ballot shall be destroyed. If it appears to the municipal judge, or he has good reason to believe that a person whose name is drawn is temporarily absent from the city, or is ill, or is so engaged as to be unable to attend at the time of trial without great inconvenience, the ballot shall be laid aside, the name not placed on the jury list for the trial for which the jury is being selected, but such ballot shall be returned to the jury box after the drawing of the trial jury is completed. The defendant or his attorney may then challenge by peremptory challenge four of the prospective jurors and the city may challenge by peremptory challenge two prospective jurors. The order of challenge shall be that the defendant or his attorney may challenge two and then the city attorney may challenge one and then the defendant or his attorney may again challenge two and then the city attorney may challenge one. Additional names shall be selected, by lot, to replace those jurors challenged. When six jurors have been selected, they shall be notified to appear at trial at the appointed time and place and shall constitute the trial jury. (Ord. 1-74 § 6, 1974.)
1.20.070 Alternate jurors.
The defendant or his attorney and the city attorney may agree by stipulation to the drawing of additional names from the jury panel to serve as alternate trial jurors to be summoned should summons not be served upon any of those persons selected as a part of the trial jury pursuant to Section 1.20.060. (Ord. 1-74 § 7, 1974.)
1.20.080 Conduct of trials.
Trials shall be conducted as trials in justice court and the rules of evidence shall be the same as in state courts and shall include applicable statutes of the state regarding the introduction or admission of evidence. (Ord. 1-74 § 8, 1974.)
Six of the six jurors sworn to try the cause must concur to render a verdict. (Ord. 1-74 § 9, 1974.)
1.20.100 Payment of jurors.
Those jurors notified and who appear at trial shall receive compensation from the city in the amount of five dollars for each day of attendance upon the municipal court. (Ord. 1-74 § 10, 1974.)
1.20.110 Powers of the municipal judge.
The municipal judge shall have all inherent statutory powers and duties of a justice of the peace within the jurisdictional limits of the city. The chief of police shall assist the judge in the serving of subpoenas, notices of jury duty, and such other orders of the court necessary for the proper conduct thereof. The municipal judge may hold any prospective juror who disregards the notice of jury duty in contempt of court and may punish said juror by a fine of not more than one hundred dollars or by imprisonment in the city or county jail for not more than thirty days, or by both such fine and imprisonment. (Ord. 1-74 § 11, 1974.)
A circular seal depicting in graphic form Mt. Hood and the Sandy River with the words "City of Sandy, Oregon, 1913" is adopted as the official seal of the city. (Ord. 29-74 § 1, 1974.)
The city seal shall be prominently displayed in the council chamber, and shall be used as the official identifying symbol on city stationery, city vehicles, etc. (Ord. 29-74 § 2, 1974.)
1.24.030 Prohibited use.
The city seal shall not be used for any promotion or commercial or civic endeavor, program. (Ord. 29-74 § 3, 1974.)
The Sandy Post is designated as the official newspaper of the city for the purpose of publishing legal notices as prescribed by the Charter and ordinances of the city. (Ord. 30-74 § 1, 1974.)
1.30.010 Initiative and Referendum Explanatory Statements.
A. The City Manager or City Attorney share designated and authorized to prepare explanatory statement(s) for the Clackamas County Voter’s Pamphlet for matters relating to municipal legislation referred or initiated by petition consistent with the terms of ORS 251.345 and OAR 165-022-0040.
The explanatory statement as prepared by either the City manager or the City Attorney shall conform to the requirements imposed by state law and regulation. (Ord. 2009-04 § 1, 2009.)
1. All references in this code to "common council" have been editorially changed to read "city council" in compliance with the request of the city manager and city attorney.
3. For statutory provisions regarding the right of trial by jury for any crime or offense defined and made punishable by any city charter or ordinance, see ORS 221.349.