Title 221 · ORS Chapter 221

to 221.100:

Citation: ORS 221.010

Section: 221.010

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 ones receiving the two highest numbers of votes shall hold office for four years and the remaining one shall hold office for two years.

�� (3) A councillor�s term of office shall begin at the first council meeting in the year immediately ensuing the year of the election of the councillor.

�� (4) The council shall fill by appointment vacancies in its membership.

�� (5) The term of office of an appointee to an office of councillor shall be the remainder of the term of office of the immediate predecessor of the appointee in the office.

�� (6) The powers of the city shall be vested in the council.

�� (7) A majority of the members of the council shall constitute a quorum for action by the council.

�� (8) No action by the council shall have legal effect unless concurred in by a majority of the council.

�� (9) The council shall meet publicly at least once each month. [Amended by 2003 c.14 �102]

�� 221.130 Mayor; term; functions. 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 shall be presiding officer of the council and shall authenticate with the signature of the mayor all ordinances which the council passes. [Amended by 2003 c.14 �103]

�� 221.140 Appointment of municipal judge and other city officers; removal; compensation. 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 approves, and have such powers and duties as the council prescribes.

�� 221.142 Qualifications for municipal judges; extensions. (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 to the office of municipal judge; or

�� (c) Have completed, or complete within 12 months after appointment or election to the office of municipal judge, a course that is equivalent to the course described in paragraph (b) of this subsection, proposed by the municipal judge and approved by the Chief Justice of the Supreme Court.

�� (2) If exigent circumstances prevent a municipal judge from completing the course required under subsection (1)(b) of this section within 12 months after appointment or election to the office of municipal judge, the presiding judge of the judicial district in which the municipal court is located may grant the municipal judge one extension of time to complete the course. The extension may not exceed 12 months. The presiding judge may require the municipal judge to complete additional educational requirements during an extension granted under this subsection.

�� (3) Notwithstanding subsection (1) of this section, a municipal judge in a municipal court that is a court of record under ORS 221.342 must be a licensee of the Oregon State Bar.

�� (4) Any person serving temporarily as a municipal judge must possess the qualifications for the office of municipal judge described in this section. [2015 c.570 �8; 2025 c.32 �100]

�� 221.145 Basing compensation of city officers upon fines prohibited. 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 Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 221.150 [Repealed by 1983 c.350 �331a]

�� 221.160 Special elections to fill council vacancies; appointment of council members when all positions vacant. (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 there is no mayor, a majority of the remaining members of the governing body, may call a special election for the purpose of electing a sufficient number of persons to fill all the vacancies then existing in the governing body. For the purposes of such election the mayor, or if there is no mayor, a majority of the remaining members of the governing body, may appoint persons to act for all offices necessary to the holding of such election where such offices may be vacant. The appointments shall continue until a successor is selected as provided for by the charter or law governing such city.

�� (2) If all positions in the governing body of a city become vacant and if the charter of the city does not provide otherwise, the governing body of the county in which the city maintains its seat of government immediately shall appoint the number of persons sufficient to constitute a quorum for the transaction of city business. The persons appointed by the governing body of the county shall appoint a sufficient number of persons to fill any remaining vacancies existing in the governing body of the city. All persons appointed under this subsection shall serve until successors are elected and qualified to serve. [Amended by 1981 c.173 �7]

�� 221.170 [Amended by 1957 c.608 �225; 1979 c.317 �2; repealed by 1983 c.350 �331a]

�� 221.180 Procedure for nomination of candidates for city offices. (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 candidacy shall be filed not sooner than the 15th day after the date of the primary election and not later than the 70th day before the date of the general election. A candidate who is nominated under this subsection may withdraw candidacy under ORS 249.830.

�� (3) All nominating petitions and declarations of candidacy shall be filed with the city elections officer. If the city charter or ordinance provides a manner of filing for nomination, a candidate for any office of that city shall file in that manner. [Amended by 1957 c.608 �226; 1979 c.190 �408; 1983 c.350 �22; 1987 c.267 �67; 1995 c.712 �91]

�� 221.190 [Amended by 1957 c.608 �227; repealed by 1983 c.350 �331a]

�� 221.200 Law governing city elections. 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]

�� 221.210 Referendum and initiative for municipal measures and charter amendments; adoption, amendment, revision, repeal or surrender of city charter by simple majority. (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 or any other provision of law, the adoption, amendment, revision, repeal or surrender of a city charter shall be decided by simple majority vote.

�� (b) Nothing in this subsection is intended to prevent a city from amending its charter to provide for the adoption by a supermajority or double majority vote or by any other heightened vote requirement of measures imposing or increasing fees, taxes, assessments, fines, penalties, charges or any other revenue-generating mechanisms of any kind. [Amended by 1955 c.18 �1; 1983 c.350 �24; 2025 c.511 �2]

�� 221.230 Election dates; emergency elections. (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; or

�� (d) The first Tuesday after the first Monday in November.

�� (2) Except as provided in subsection (3) of this section, no election on a city measure other than a city measure referred by the city governing body shall be held on any date other than:

�� (a) The third Tuesday in May; or

�� (b) The first Tuesday after the first Monday in November.

�� (3) An emergency election may be held on a date other than those provided in subsection (1) or (2) of this section if the city governing body by resolution finds that an emergency exists that will require an election sooner than the next available election date to avoid extraordinary hardship to the community. A determination under this subsection as to whether an emergency exists is within the sole discretion of the city governing body.

�� (4) A city governing body, with adequate notice, shall hold a public hearing, on a date other than a regularly scheduled council meeting, for the purpose of making findings substantiating the fact that an emergency exists before scheduling an election on a date other than those specified in subsection (1) or (2) of this section.

�� (5) Notice of a city�s intent to hold an emergency election shall be filed with the county elections authority no later than 47 days preceding the desired election date. At the time the notice of election is given to the county elections authority, the city shall also file with the elections authority a certified copy of the ballot title and a copy of the resolution and findings adopted by the city governing body to authorize the emergency election as required under subsection (4) of this section. [1979 c.316 �4; 1981 c.639 �5; 1985 c.808 �70; 1987 c.267 �68; 1989 c.923 �9; 1991 c.71 �3; 1993 c.713 �52; 1995 c.607 �65; 1995 c.712 �114; 2015 c.44 �2; 2021 c.551 �19]

�� 221.240 Disclosure to city auditor of legally protected material. (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 disclosure of legally protected material by a city, or any officer, employee or agent of the city, to the elected auditor of the city, or any employee or agent of the elected auditor who is employed for the purpose of auditing or investigating the city, does not waive the privilege with respect to any other person, to the extent the legally protected material is disclosed for the purpose of an audit or investigation. [2017 c.528 �1]

�� Note: 221.240 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ORDINANCES

�� 221.275 Definitions for ORS 221.275 to 221.290. 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 vehicles to the public. [1995 c.533 �2]

�� 221.277 Violation of city parking ordinance; affirmative defense. (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 authorized by the owner, either expressly or by implication. [1995 c.533 �3]

�� 221.280 [1995 c.533 �4; repealed by 1997 c.522 �2]

�� 221.283 [1995 c.533 �5; repealed by 1997 c.522 �2]

�� 221.285 Notice of delinquent parking violation to rental or leasing company; effect when notice not given; effect of prompt payment of amount specified in citation; procedure to substitute renter or lessee as defendant. (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 date on which the citation for violation of the parking ordinance was issued.

�� (2) If a notice of delinquent parking violation is not sent to a car rental or leasing company within 30 days after the date on which the citation for violation of the parking ordinance was issued, the charge against the car rental or leasing company of violating the parking ordinance shall be dismissed and no further enforcement actions against the car rental or leasing company or its vehicles may be taken.

�� (3) If the car rental or leasing company pays the amount specified on the citation within 30 days after the date on which the notice of delinquent parking violation was mailed to the car rental or leasing company, the fine required to be paid shall not be increased beyond the original amount specified in the citation.

�� (4)(a) If a court establishes a procedure for a car rental or leasing company to provide, in a manner and format determined by the court, information including the name, address and driver license number of the person in whose name the vehicle was rented or leased at the time of the violation of the parking ordinance, and the car rental or leasing company provides the information in the required manner and format within 30 days after the date on which the notice of delinquent parking violation was mailed to the car rental or leasing company, the renter or lessee who had custody and control of the vehicle when the parking violation occurred shall thereafter be the defendant in the prosecution of the parking violation.

�� (b) A car rental or leasing company that provides the information described in paragraph (a) of this subsection is discharged from any obligation on the parking violation and is no longer a defendant in the prosecution of the parking violation.

�� (c) A court may not establish a procedure pursuant to paragraph (a) of this subsection unless the court consults and cooperates with representatives from car rental or leasing companies.

�� (d) If a car rental or leasing company does not provide the information required by the court under paragraph (a) of this subsection within the time specified or provides the information in an incorrect manner or format, the car rental or leasing company may recover the amount of any fine paid to a city pursuant to ORS 221.287. [1995 c.533 �6; 1997 c.522 �1; 1999 c.1051 �262; 2001 c.715 �1]

�� 221.287 Recovery of fine from renter or lessee of vehicle. (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 bill a customer directly for the fine paid or may charge the fine paid as an ancillary or deferred charge to any credit card provided by the customer.

�� (3) A car rental or leasing company has no liability to a customer for any errors, omissions, negligence or fraud to the extent that the errors, omissions, negligence or fraud resulted from acts or omissions of the court or the city in the issuance of citations or the issuance of notices of citations. [1995 c.533 �7; 1999 c.1051 �263]

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

�� 221.295 Ordinances regulating placement or height of radio antennas. 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 radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the city or county. However, a city or county may not restrict antennas or antenna support structures of amateur radio operators to heights of 70 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety or aesthetic objective of the city or county. [1999 c.507 �1]

�� Note: 221.295 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 221.310 Effective date of ordinances, resolutions and franchises; emergency measures. (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 days after final passage over the mayor�s veto. However, measures necessary for the immediate preservation of the peace, health and safety of the city are excepted. These emergency measures shall become immediately effective if they state in a separate section the reasons why it is necessary that they should become immediately effective and if they are approved by the affirmative vote of three-fourths of all the members elected to the city council, taken by ayes and noes, and also by the mayor. This subsection shall apply in every city in all matters concerning the operation of the initiative and referendum in its municipal legislation on which the city has not made or does not make conflicting provisions.

�� (2) Except for ordinances necessary for the immediate health, peace or safety, an ordinance enacted by the council of a city created under ORS 221.010 to 221.100 shall take effect 30 days after its enactment.

�� (3) In cities having a population of 2,000 or more, a resolution may take effect at any time after its passage by the city council. A resolution shall state in a separate section the effective date of the resolution. [Amended by 2001 c.34 �1]

�� 221.315 Enforcement of charter provisions and ordinances; disposition of fines. (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 which all or part of such city is located, that such violations be prosecuted for such city in the circuit court by the district attorney in the name of the State of Oregon. An agreement may be made, pursuant to ORS 190.010, between any city and the county in which all or part of such city is located, that such violations be prosecuted for such city in the justice court by the district attorney in the name of the State of Oregon.

�� (2) Except as otherwise provided by an agreement made under subsection (1) of this section in respect to the court, all fines collected by the circuit or justice court having jurisdiction of a violation of a city charter or ordinance shall be paid as follows:

�� (a) Subject to subsection (3) of this section, one-half of the fine shall be credited and distributed to the treasurer of the city whose charter or ordinance was violated, as a monetary obligation payable to the city.

�� (b) If collected by the circuit court, and subject to subsection (3) of this section, one-half of the fine shall be credited and distributed as a monetary obligation payable to the state.

�� (c) If collected by the justice court, one-half of the fine shall be credited and distributed to the treasurer of the county in which the court is located as a monetary obligation payable to the county.

�� (3) If the full amount of the fine imposed by a circuit court under this section is collected and a surcharge is imposed on the fine under ORS 1.188, the last $5 of the amount collected shall be paid to the county for deposit in the county�s courthouse surcharge account established under ORS 1.189. If the full amount of the fine imposed is not collected, the $5 payment required by this subsection shall be reduced by one dollar for every dollar of the fine that is not collected. [1973 c.645 �3; 1975 c.713 �2; 1981 s.s. c.3 �114; 1983 c.763 �48; 1987 c.905 �19; 1995 c.781 �41; 1995 c.658 �92a; 1999 c.1051 �264; 2011 c.597 �128; 2016 c.78 �6]

�� 221.320 [Repealed by 1967 c.195 �1]

�� 221.330 Publication or posting of ordinances; exceptions. 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, where such rules and regulations have been printed as a code in book form, may adopt such code or portions thereof by reference thereto without further publication or posting thereof. Not less than three copies of such code shall be filed, for use and examination by the public, in the office of the city recorder of the city, prior to the adoption thereof. Cities may adopt as ordinances any statute of the State of Oregon, the subject matter of which is within the scope of the charter authority by reference to the chapter or section, without further publication or posting thereof.

�� 221.333 Parking ordinance violation; mode of charging defendant; notice as complaint; requirement to pay fine or bail for access to court prohibited. (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 appearance in court.

�� (c) The name of the issuing officer or other person authorized to issue the notice.

�� (d) The license number of the vehicle.

�� (2) The notice provided for in subsection (1) of this section shall either be delivered to the defendant or placed in a conspicuous place upon the vehicle involved in the violation. A duplicate original of the notice shall serve as the complaint in the case when it is filed with the court. In all other respects the procedure now provided by law in such cases shall be followed, but ORS 810.365 does not apply. The officer or person authorized to issue a citation need not have observed the act of parking, but need only have observed that the car was parked in violation of city ordinances.

�� (3) In all prosecutions for violation of motor vehicle parking ordinances in cities, the defendant may not be required to pay the fine imposed or a bail amount before the defendant may request a hearing or submit a written explanation to the court. [Formerly 221.340; 2019 c.67 �1]

�� 221.335 [1989 c.679 �4; 1999 c.1051 �265; renumbered 221.355 in 1999]

MUNICIPAL COURTS

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

�� 221.337 [1995 c.532 �1; 1997 c.801 �150; 1999 c.1051 �266; renumbered 221.357 in 1999]

�� 221.339 Jurisdiction of municipal court; prosecutions by city attorney. (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 jurisdiction with circuit courts and justice courts over misdemeanors committed or triable in the city. Municipal courts may exercise the jurisdiction conveyed by this section without a charter provision or ordinance authorizing that exercise.

�� (3) Municipal courts have no jurisdiction over felonies or designated drug-related misdemeanors as defined in ORS 423.478.

�� (4) A city may limit the exercise of jurisdiction over misdemeanors by a municipal court under this section by the adoption of a charter provision or ordinance, except that municipal courts must retain concurrent jurisdiction with circuit courts over:

�� (a) Misdemeanors created by the city�s own charter or by ordinances adopted by the city, as provided in ORS 3.132; and

�� (b) Traffic crimes as defined by ORS 801.545.

�� (5) Subject to the powers and duties of the Attorney General under ORS 180.060, the city attorney has authority to prosecute a violation of any offense created by statute that is subject to the jurisdiction of a municipal court, including any appeal, if the offense is committed or triable in the city. The prosecution shall be in the name of the state. The city attorney shall have all powers of a district attorney in prosecutions under this subsection. [1999 c.1051 �40; 2017 c.706 �21; 2021 c.591 �29; 2024 c.70 �65]

�� Note: 221.339 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 221.340 [Amended by 1973 c.737 �1; 1987 c.687 �8; 1991 c.741 �13; renumbered 221.333 in 1999]

�� 221.342 Method by which municipal court becomes court of record. (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) of this section.

�� (2) Before a municipal court may become a court of record, the governing body of the city in which the court is located must file a declaration with the Supreme Court that includes:

�� (a) A statement that the municipal court satisfies the requirements of this section for becoming a court of record;

�� (b) The address and telephone number of the clerk of the municipal court; and

�� (c) The date on which the municipal court will commence operations as a court of record.

�� (3) The Supreme Court may not charge a fee for filing a declaration under subsection (2) of this section. Not later than 30 days after a declaration is filed under subsection (2) of this section, the Supreme Court shall enter an order acknowledging the filing of the declaration and give notice of the order of acknowledgment to the city and the public.

�� (4) The city shall provide a court reporter or an audio recording device for each municipal court made a court of record under this section.

�� (5) The appeal from a judgment entered in a municipal court that becomes a court of record under this section shall be as provided in ORS chapter 138 for appeals from judgments of circuit courts.

�� (6) As a qualification for the office, a municipal judge for any municipal court that becomes a court of record must be a licensee of the Oregon State Bar. [1999 c.682 �3; 2003 c.687 �7; 2007 c.330 �4; 2025 c.32 �101]

�� 221.343 Method by which municipal court ceases to operate as court of record. (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 will cease operation as a court of record. The date identified in the declaration may not be less than 31 days after the date the declaration is filed.

�� (2) The Supreme Court may not charge a fee for filing a declaration under subsection (1) of this section. Not later than 30 days after a declaration is filed under subsection (1) of this section, the Supreme Court shall enter an order acknowledging the filing of the declaration and give notice of the order of acknowledgment to the city and the public.

�� (3) The appeal from a judgment entered in a municipal court after the date identified in the declaration filed under this section shall be as provided in ORS 221.369 to