2.10.022 Trial procedures.
A. The municipal court shall conduct a trial without a jury to determine whether the person cited in the complaint committed a civil infraction.
B. The defendant may be represented by legal counsel, but legal counsel shall not be provided at public expense. If legal counsel is to appear, the defendant shall provide written notice to the municipal court five days prior to the trial date.
C. The defendant shall have the right to present evidence and witnesses in the defendant’s favor, to cross-examine witnesses who testify against the defendant and to submit rebuttal evidence.
D. If the defendant desires that witnesses be ordered to appear by subpoena, the defendant must make that request in writing from the court at the time the answer is returned, or subsequently by mail at any time at least five days prior to the scheduled trial. A deposit for each witness shall accompany the request, such deposit to be refunded if no forfeiture is assessed by the final order. The deposit shall be in the amount equal to the witness fee allowed by statute for witnesses in circuit court. Subject to the same five-day limitation, the code enforcement officer, the individual who signed the complaint or the city attorney, as appropriate, may also request in writing that the court order certain witnesses to appear by subpoena. If a forfeiture is declared in the final order, the order shall also provide that the defendant shall pay any witness fees payable in connection with the trial.
E. The trial shall be limited to production of evidence only on the civil infraction alleged in the complaint.
1. Oral Evidence. Oral evidence shall be taken only on oath or affirmation.
2. 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.
3. 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.
4. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.
F. The code enforcement officer or city attorney, if the defendant is represented by counsel, shall have the burden of proving the alleged civil infraction by a preponderance of the evidence.
G. After due consideration of the evidence and arguments presented at the trial, the municipal court shall determine whether the civil infraction as alleged in the complaint was committed.
1. If the municipal court determines that the civil infraction has not been proven, it shall enter an order dismissing the complaint. A copy of the order shall be delivered to the person named in the order personally or by mail.
2. If the municipal court determines that the responsible party committed the civil infraction:
a. The municipal court shall assess a forfeiture pursuant to the schedule established in accordance with this chapter, plus court costs and witness fees. A municipal court judge is authorized to set reasonable court costs including security for court fees by court order.
b. If a party to the trial provides a written request, the municipal court shall include a brief statement of the necessary findings of fact to establish the civil infraction alleged in its order.
H. The court shall maintain a record of its proceedings. An audio recording of the trial accompanied by any written documents, correspondence or physical evidence associated with the matter shall be sufficient to meet the requirement of this subsection.
I. The determination of the municipal court shall be final. Review of the court’s determination shall be to the circuit court by writ of review pursuant to ORS Chapter 34. [BC 2.10.022, added by Ordinance No. 4688, 6/21/16]