Chapter 1.05
VIOLATIONS PROCEDURES

Sections:

1.05.010    Summons and complaint for violations.

1.05.020    Minimum requirements for summons and complaint.

1.05.030    Willful failure to appear.

1.05.040    Procedure and adjudication of civil penalty.

1.05.050    Failure to pay civil penalty.

1.05.010 Summons and complaint for violations.

(1) Except for parking violations under Chapter 13.21 AMC, a summons and complaint conforming to the requirements of this section shall be used for all violations under this code.

(2) The summons and complaint shall consist of at least four parts. Additional parts may be inserted for administrative use. The required parts are:

(a) The complaint.

(b) The police record.

(c) The department record (when police department is not citing department).

(d) The summons.

(3) Each of the parts shall contain the following information or blanks in which such information shall be entered:

(a) The designation “In the Municipal Court of the City of Albany, Oregon,” a blank for the court’s docket or file numbers, and a blank for the Albany Police Department docket number which number may be entered after the complaint is filed.

(b) The name by which the person charged is known to the complainant.

(c) The violation with which the person is charged; the date, time, and place at which the violation occurred; the date on which the summons was served; and the name of the complainant.

(d) The time and place at which the person charged is to appear in court.

(e) The scheduled forfeiture, if any.

(4) Each of the parts may also contain such additional information as may be required by the court, the City Attorney, or the Chief of Police.

(5) The complaint shall contain a form of certificate by the complainant to the effect that he/she certifies that he/she has reasonable grounds to believe, and does believe, that the person charged committed the violation or misdemeanor contrary to law. The certification shall also set forth that the person understands that they make the certificate under the penalties provided by law.

(6) The summons shall contain a statement in form approved by the Municipal Judge, which may be substantially as follows:

READ CAREFULLY

YOU MUST DO ONE OF THE FOLLOWING:

1. Appear in Court at the time mentioned in this summons and request a hearing. The Court will then set a time for a hearing. IF YOU HAVE BEEN CHARGED WITH A MISDEMEANOR CRIME AS SET FORTH ON THE FRONT OF THIS FORM (SEE BOX ON FRONT SIDE, TOP OF PAGE) YOU MUST APPEAR IN PERSON AT THE TIME MENTIONED IN THIS SUMMONS. IF YOU FAIL TO MAKE AN APPEARANCE IN PERSON YOU MAY BE GUILTY OF THE MISDEMEANOR CRIME OF WILLFUL FAILURE TO APPEAR PUNISHABLE BY FINE AND IMPRISONMENT.

2. IF YOU ARE CHARGED WITH A VIOLATION, YOU MAY: Mail to the Court this summons, together with a check or money order in the amount of bail indicated on the other side of the summons and tell the Court you request a hearing. This summons and the bail must reach the Court before the time when this summons requires you to appear in Court. If you don’t want a hearing, but wish to explain your side, send your explanation with the summons and bail. The Court will then consider your explanation and may forfeit your bail, or part of it, on the basis of your explanation and what the complainant tells the Court.

3. Sign the plea of guilty below and send this summons to the Court, together with check or money order in the amount of bail indicated on the other side of this summons. If you wish to explain your side, you may send your explanation with the guilty plea, summons and bail. This summons and bail must reach the Court before the time when this summons requires you to appear in Court.

4. If you have already given bail or other security for your appearance, proceed as mentioned above, but do not send in any additional sum as bail.

APPEARANCE PLEA OF GUILTY AND WAIVER FOR VIOLATION

I, the undersigned, do hereby enter my appearance on the complaint of the violation charged on the other side of this summons. I have been informed of my right to a trial, that my signature to this plea of guilty will have the same force and effect as a judgment of Court. I do hereby PLEAD GUILTY to said offense as charged, WAIVE my right to a HEARING by the Court, and agree to pay the penalty prescribed for my offense.

____________________________
(Defendant’s Name)

____________________________
(Address)

Mail your Remittance to:

Municipal Court

P.O. Box 490

Albany, Oregon, 97321

(7) The complaint shall be set aside by the court on motion of the respondent whenever it does not conform to the requirements of this section. Such a motion shall not be a bar to the refiling of an amended complaint. If an amended complaint is filed the summons copy thereof shall be sent by regular mail to the respondent or his/her attorney.

(8) The court may, upon motion, amend the complaint if, in its discretion, it determines that the amendment will not substantially prejudice the rights of the respondent.

(9) The Oregon Uniform Traffic Citation and complaint, used for all violations or crimes where a separate complaint will not be filed, satisfies the requirements of this section and AMC 1.05.020. (Ord. 5713 § 2, 2009; Ord. 5141 § 6, 1994; Ord. 5013 § 1, 1992; Ord. 4812 § 2, 1988).

1.05.020 Minimum requirements for summons and complaint.

A summons and complaint in a violation proceeding is sufficient if it uses the Oregon Uniform Traffic Citation and complaint or contains the following:

(1) The name by which the respondent is known to the complainant and the time and place at which the person summoned is to appear in court.

(2) A statement or designation of the violation in such manner as can be readily understood by a person making a reasonable effort to do so, and the date, time, and place at which the violation is alleged to have occurred.

(3) The amount of forfeiture, if any, fixed for the offense.

(4) A certificate, as provided in AMC 1.05.010, signed by the complainant. (Ord. 5713 § 2, 2009; Ord. 4812 § 2, 1988).

1.05.030 Willful failure to appear.

It shall be unlawful for any person who has been served with a summons conforming to AMC 1.05.020 or a citation, order or notice directing an appearance before the Municipal Court in a misdemeanor proceeding, to willfully, or without prior excuse upon good cause shown to the municipal court, fail to appear as required in such summons or citation or notice. Violation of this section is a misdemeanor. (Ord. 5713 § 2, 2009; Ord. 4812 § 2, 1988).

1.05.040 Procedure and adjudication of civil penalty.

The procedure to be used for the adjudication of a violation shall be the same as that prescribed by the Oregon Revised Statutes for the prosecution of traffic violations before municipal courts. (Ord. 5713 § 2, 2009; Ord. 4812 § 2, 1988).

1.05.050 Failure to pay civil penalty.

Any civil penalty referred to in this chapter shall be imposed by order of the Municipal Court and any failure to pay said penalty shall be enforceable through contempt proceedings. (Ord. 5713 § 2, 2009; Ord. 4812 § 2, 1988).