Title 21, Cities

The Legislative Assembly finds that the provisions of ORS 199.476, 221.031, 221.040, 221.061, 221.106, 221.735 and this section are necessary to provide for the orderly incorporation of territory adjoining existing cities. However, the Legislative Assembly does not intend that th…

As used in ORS 221.020 to 221.100, unless the context requires otherwise: (1) “County court” means a county court or board of county commissioners. (2) “City,” except in the term “incorporated city” in ORS 221.020, means a city incorporated under ORS 221.020 to 221.100 or propose…

The people of an area, no part of which lies in an incorporated city and in which 150 persons reside, may incorporate a city by approving at an election called and held according to ORS 221.031 to 221.061 a proposition provided by those sections for incorporating the city.

(1) Before circulating a petition to incorporate unincorporated territory as a city, the petitioners shall file a petition for incorporation in a form prescribed by rule of the Secretary of State with: (a) The county clerk of the county in which the proposed city lies; or (b) If …

After a person files a petition for incorporation under ORS 221.031, a city or district may not commence annexation proceedings for any part of the area that is included in the boundaries of the area proposed to be incorporated until after a county court removes that part of the …

(1) As used in this section: (a) “Neighboring city” means a city that has any part of its territory situated within three miles of the area proposed to be incorporated. (b) “Rural unincorporated community” means a settlement with a boundary identified in an acknowledged comprehen…

(1) If a person intends to file a petition for incorporation under ORS 221.031 (1), the person may file a notice of intent to prepare an economic feasibility statement with the county clerk of the county in which the proposed city lies or, should it lie in more than one county, w…

For an area that includes a rural unincorporated community, as defined in ORS 221.034, if a notice of intent to prepare an economic feasibility statement is filed under ORS 221.035 (1) or a petition for incorporation is filed under ORS 221.031 (1) before all or a part of the rura…

(1) When a petition for incorporation described in ORS 221.031 is signed by 20 percent or, in a county with a population over 300,000, by 10 percent, of the electors registered in the area proposed to be incorporated, the petition shall be filed with the county court of the count…

(1) The county court shall submit the proposition for incorporation determined as provided in ORS 221.040 to the electors registered in the area proposed to be incorporated. At the same election, five city council members for the proposed city shall be elected. (2) ORS chapters 2…

(1) When a majority of votes cast in an election held under this chapter for incorporation of a city favors incorporation, all expenses of the election and the preparation of the metes and bounds or legal description for the incorporation petition under ORS 221.040 (3)(a) shall b…

(1) Members of the first city council shall serve the following terms: (a) The two members receiving the two highest number of votes shall hold office until the first Monday in January next following the second general election held after incorporation of the city; and (b) The th…

Only those cities which, prior to March 28, 1941, commenced incorporation according to the procedure provided in sections 1 to 9, chapter 345, General Laws of Oregon 1913, and actually completed incorporation according to sections 1 to 7, chapter 453, Laws of Oregon 1941, are reg…

(1) No person may sign a petition described in ORS 221.031 with a name not the person’s own, or knowingly sign the person’s name more than once to any such petition or sign any such petition when the person is not an elector. (2) Violation of subsection (1) of this section is a C…

The officers of a city created under ORS 221.010 to 221.100 shall be five councillors, a municipal judge and such other officers as the council deems necessary. Any resident of a city shall be eligible to hold an office of the city. [Amended by 2003 c.14 §101]

Concerning the council of a city created under ORS 221.010 to 221.100: (1) Three councillors shall be elected biennially. (2) At an election for electing councillors, the candidates who receive the three highest numbers of votes shall be deemed elected, and of these three the one…

Concerning the mayor of a city created under ORS 221.010 to 221.100: (1) Only councillors shall be eligible to serve as mayor. (2) The council shall appoint a mayor at its first meeting of each odd-numbered year. (3) The mayor’s term of office shall be two years. (4) The mayor sh…

The council of a city created under ORS 221.010 to 221.100 shall appoint a municipal judge and such other officers as it deems necessary for the proper government of the city, who shall be removable at the discretion of the council, receive such compensation as the council approv…

(1) As a qualification for the office, a municipal judge must: (a) Be a licensee of the Oregon State Bar; (b) Have completed a course on courts of special jurisdiction offered by the National Judicial College, or complete the course within 12 months after appointment or election …

The amount of compensation for city police officers, municipal judges or other city officers shall not be based upon the amount of revenues collected from fines or any set percentage thereof. [1981 c.402 §1; 1999 c.1051 §261] Note: 221.145 was enacted into law by the Legislative …

(1) Whenever because of death, resignation or other cause the number of the members of the governing body of any city is insufficient to constitute a quorum for the transaction of the business thereof, and the charter of such city does not otherwise provide, the mayor, or if ther…

(1) This section and ORS chapters 249 and 254 govern the manner of nominating and electing candidates for municipal offices in all cities. (2) Notwithstanding ORS 249.037, if a city does not hold a nominating election for municipal offices, a nominating petition or declaration of…

ORS chapters 246 to 260 govern the conduct of all city elections. [Amended by 1957 c.608 §228; 1979 c.317 §3; 1983 c.350 §23]

(1) The city council may refer and the people may initiate municipal measures or amendments to the charter of the city as provided in ORS 250.265 to 250.346, unless ORS 250.255 makes ORS 250.265 to 250.346 inapplicable to the city. (2)(a) Notwithstanding the charter of the city o…

(1) Except as provided in subsection (3) of this section, no election on a city measure referred by the city governing body or for a city office shall be held on any date other than: (a) The second Tuesday in March; (b) The third Tuesday in May; (c) The fourth Tuesday in August; …

(1) As used in this section, “legally protected material” means: (a) Information and records of a city that are protected by attorney-client privilege held by the city; and (b) Attorney work product prepared in the course of providing legal services to the city. (2) The disclosur…

As used in ORS 221.275 to 221.290: (1) “Owner” or “owner of a vehicle” means the person listed as the owner of a vehicle in the records of the Department of Transportation. (2) “Rental or leasing company” means any person engaged in the business of renting or leasing motor vehicl…

(1) It is an offense to be the registered owner of a motor vehicle parked in violation of a city ordinance. (2) It is an affirmative defense to a prosecution of the registered owner of a motor vehicle under subsection (1) of this section that the use of the vehicle was not author…

(1) A notice of delinquent parking violation containing the information specified in ORS 221.333 shall be sent to each car rental or leasing company that is the registered owner of a motor vehicle cited for being parked in violation of a city ordinance within 30 days after the da…

(1) A car rental or leasing company is authorized to recover a fine paid to a city in response to a citation for violation of a parking ordinance from the customer who had possession of the motor vehicle at the time the citation was issued. (2) A car rental or leasing company may…

ORS 221.275 to 221.290 apply to any city with a population exceeding 300,000. [1995 c.533 §9]

Notwithstanding ORS chapters 215 and 227, a city or county ordinance based on health, safety or aesthetic considerations that regulates the placement, screening or height of the antennas or antenna support structures of amateur radio operators must reasonably accommodate amateur …

(1) In cities having a population of 2,000 or more, an ordinance or a franchise shall not take effect until 30 days after its passage by the city council and approval by the mayor, unless it is passed over the veto of the mayor. In that event, it shall not take effect until 30 da…

(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 whi…

Ordinances passed by cities must be posted or published in a newspaper if required by their respective charters; provided, that ordinances establishing rules and regulations for the construction of buildings, the installation of plumbing, electric wiring or other similar work, wh…

(1) In all prosecutions for violation of motor vehicle parking ordinances in cities, it shall be sufficient to charge the defendant by an unsworn written notice if the notice clearly states: (a) The date, place and nature of the charge. (b) The time and place for defendant’s appe…

Any city of this state may establish a municipal court by charter or by ordinance. [1999 c.788 §46]

(1) A municipal court has concurrent jurisdiction with circuit courts and justice courts over all violations committed or triable in the city where the court is located. (2) Except as provided in subsections (3) and (4) of this section, municipal courts have concurrent jurisdicti…

(1) Any municipal court may become a court of record by: (a) The passage of an ordinance by the governing body of the city in which the court is located; and (b) The entry of an order by the Supreme Court acknowledging the filing of the declaration required under subsection (2) o…

(1) Any municipal court that has become a court of record under ORS 221.342 may cease to operate as a court of record only if the governing body of the city in which the court is located files a declaration with the Supreme Court identifying the date on which the municipal court …

(1) A judgment docketed by a municipal court may be enforced in the manner provided in ORS 221.346 and 221.351 if: (a) The municipality has registered the court with the Department of Revenue; and (b) The municipality has provided to the Department of Revenue the name and address…

(1) Subject to the requirements of ORS 221.344, enforcement proceedings on a judgment docketed by a municipal court may include: (a) Writ of execution proceedings for personal property under ORS 18.252 to 18.993. (b) Proceedings in support of execution under ORS 18.265, 18.268 an…

(1) Subject to the requirements of ORS 221.344, a lien on real property of a judgment debtor may be acquired under a judgment docketed in a municipal court in the manner provided in this section. A lien on real property of a judgment debtor may be acquired under the provisions of…

(1) The case record of a municipal court consists of the docket as provided in subsection (2) of this section and the case file as provided in subsection (3) of this section. (2) A municipal court of this state that registers under ORS 221.344 shall maintain a docket. The docket …

No judge of a municipal court having two or more judges shall hear to try any action, matter or proceeding if a party thereto or an attorney appearing therein moves the court for a change of judge on grounds of prejudice. The motion shall be supported by an affidavit stating that…

(1) In all prosecutions for any crime defined and made punishable by any city charter or ordinance the defendant shall have the right of trial by jury, of six in number. Juries shall be selected from the latest tax roll and registration books used at the last city election in the…

Any city may enter into an agreement pursuant to ORS 190.010 with another city for the provision of judicial services. A municipal judge providing services to another city pursuant to such an agreement shall have all judicial jurisdiction, authority, powers, functions and duties …

(1) A city having a population of 300,000 or less may enter into an agreement with the State Court Administrator for the provision of judicial services by the circuit court for the county in which the city is located. (2) A circuit court providing services to a city under an agre…

(1) In any proceeding conducted in open court in a municipal court, any party may arrange for audio recording or reporting of the proceeding by stenographic or other means. The court may not prohibit recording or reporting of the proceeding under this section. (2) A reporter prov…

(1) In any municipal court that has not become a court of record under ORS 221.342, a defendant charged with a misdemeanor shall be notified immediately after entering a plea of not guilty of the right of the defendant to have the case transferred to the circuit court for the cou…