54-D--A Bill for an Ordinance to be designated as

ORDINANCE NO. 13

Establishing a Municipal Court, defining the jurisdiction thereof, setting frequency of sessions, adopting rules of procedure and minimum bail schedule; providing for the appointment of a municipal judge, providing for salary, combination with other appointive office, disposition of fines and fees, discretionary use of quarters, and decalring [sic] an emergency.

The City of Sodaville ordains as follows:

Sec. 1.

There is hereby established in accordance with the provisions of Section 21, Chapter V of the Sodaville Charter of 1952, a court to be know as the Municipal Court for the City of Sodaville, Linn County, Oregon.

Sec. 2.

The Municipal Court so established shall have original and exclusive jurisdiction of all crimes and offenses defined and made punishable by ordinances of the city and shall exercise such added authority as may be delegated by the provisions of said Section 21, Chapter V of the Sodaville Charter.

Sec. 3.

Sessions of the Municipal Court may be held on any judicial day and at any reasonable hour of any such judicial day as may suit the court's convenience; however, nothing in this section shall be construed to constrain the court to sit at a time when there is no case for consideration.

Sec. 4.

The Municipal Court shall be governed by the standard rules for Municipal Court Procedure in Oregon, which said rules are embraced in a manual prepared by the Municipal Court Committee of the Oregon Bar and published by the Bureau of Municipal Research end Service, which manual and the rules contained therein are by reference hereby made & part of this section and ordinance.

Sec. 5.

The Uniform Minimum Bail Schedule as prepared and recommended by the Oregon Association of Municipal Judges is hereby designated as an official instrument of the Municipal Court of Sodaville; however, strict adherence thereto is not mandatory but discretionary on the part of the Municipal Court. Such bail schedule is by reference hereby made a part of this section as fully as though set forth in detail.

Sec. 6.

It shall be the duty of the Mayor, by and with the approval end consent of the council, to appoint a Municipal Judge to function in the Municipal Court established by this ordinance, and whose term of office shall be concurrent with that of the mayor; however, any vacancy existing at the adoption of this ordinance, or which may arise thereafter, shall be filled in the manner provided by Section 33, Chapter VII, of the Sodaville Charter.

Sec. 7.

The office of Municipal Judge may, at the discretion of the council, be combined with any other appointive office; provided, however, that the offices of Municipal Judge and Marshal may not be combined.

Sec. 8.

Salary of the Municipal Judge shall be fixed by resolution of the council, which said salary shall be commensurate with services performed.

Sec. 9.

All fees and fines collected by the Munciipal [sic] Judge in the execution of his office shall be remitted to the Recorder-Treasurer who shall issue a receipt therefor and enter the amounts in the proper record of city revenues,

Sec. 10.

The premises occupied by the City of Sodaville as council chambers are hereby designated as the Municipal Court room; however, the Municipal Judge may at his discretion hold court at any suitable place within the city.

Section 11.

An emergency is hereby declared to exist, and this ordinance shall take effect and be in full force immediately following its passage, approval, and publication as by charter provided.

Passed by the Council this 1 day of February, 1954.