HomeMy WebLinkAbout2548 Amends Judge JurisdictionORDINANCE NO.
AN ORDINANCE AMENDING ASHLAND ~4UNICIPAL CODE
SECTION 2.28.190 AND DECLARING AN EHERGENCY.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 2.28.190 of the Ashland Municipal
Code is revised to read in its entirety as follows:
"2.28.190 Municipal Judge Jurisdiction and Powers.
The municipal Judge shall be the judicial officer
for the City and shall have jurisdiction over all
violations of city ordinaces, the city charter,
and infractions, violations and misdemeanors
described in the Oregon Revised Statutes occurring
within the City. The municipal judge, in exercising
this jurisdictionsshall have all of the powers of
a district judge set forth in the Oregon Revised
Statutes."
SECTION 2. It is hereby adjuged and declared that the
existing conditions are such that this Ordinance is
necessary for the preservation of the public health
and safety of the people of the City of Ashland, and
that an emergency is hereby declared to exist and
this Ordinance shall take effect and be in full force
and effect from and after its passage and approval by
the Hayor.
The foregoing Ordinance was first read on the .~ ~' day
of ,,~.~ ~ ~. ~,~-_ ,~-~_~ , 1989 and duly PASSED and ADOPTED
:~ ~ day of £~ ~ ~'~ , 1989.
this ,' > - ,,_
/
City Recbrder
SIGNED and APPROVED this_p~
day of,
.... /z,~A..~,t..~'t~.>_,. , 1989,
Catherine M. Golden
Mayor
morandum
December 1, 1989
ASItLAND CITY COtJNCIL
rom:
UIINICIPAL SIJDGE
ORS 1.270(2) AUTIIORIZES NUNICIPAL JUDGES TO EXERCISE
ANY POIqERS CONFERRED BY STATUTE
ORS 221.140 authorizes municipal judges to have
such powers as the council prescribes.
A question has arisen concerning the authority
of a municipal judge to require a defendant
convicted of an alcohol infraction to attend
the alcohol class operated by Project ,~isdemenn-
ant as a condition of probation.
An ordinance giving to the municipal judge all
of the powers of a district judge while acting
within the jurisdiction of the municipal court
would resolve the problem.
Please adopt such an ordinance to take effect
immediatel y.
Thank you,
^11en (i. Drescher
r,{un i ci pa I ,lud ge
AGD/c a