Title 153 · ORS Chapter 153

and 810.425 for parking ordinance violations. However, an

Citation: ORS 221.333

Section: 221.333

221.333 and 810.425 for parking ordinance violations. However, an electronically filed citation containing all required information, but of a different size or format than a uniform citation adopted by the Supreme Court under ORS 1.525, shall not be prohibited by or found in violation of a rule established under this subsection.

�� (b) The citation filed electronically is verifiable as being filed by a specific law enforcement officer or, for parking ordinance violations, by a person authorized to enforce parking ordinance violations.

�� (c) Members of the public can obtain copies of and review citations that are electronically filed and maintained under this section in the same manner as for citations filed on paper. [1995 c.781 �53; 1999 c.1051 �129; 2001 c.911 �2; 2015 c.13 �2]

�� 153.772 Suspension of driving privileges for failure to appear; limitation on district attorney�s authority. When the court issues a notice under ORS 809.220 to suspend the driving privileges of a person for failure to appear on a citation for a violation of ORS 471.430, the district attorney may not file an accusatory instrument charging the person with violating ORS 153.992. [2001 c.817 �9]

�� Note: 153.772 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 153 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

VIOLATIONS BUREAUS

�� 153.800 Violations Bureau established by court; uniform fine schedule. (1) Any court of this state may establish a Violations Bureau and designate the clerk or deputy clerk of the court or any other appropriate person to act as a violations clerk for the Violations Bureau. The violations clerk shall serve under the direction and control of the court appointing the clerk.

�� (2) A violations clerk may exercise authority over any violation. A justice or municipal court establishing a Violations Bureau shall by order specify the violations that are subject to the authority of the violations clerk.

�� (3) Except as provided in subsection (6) of this section, the violations clerk shall accept:

�� (a) Written appearance, waiver of trial, plea of no contest and payment of fine, costs and assessments for violations that are subject to the authority of the violations clerk; or

�� (b) Payment of presumptive fine amounts for violations that are subject to the authority of the violations clerk.

�� (4)(a) Courts other than circuit courts shall establish schedules, within the limits prescribed by law, of the amounts of penalties to be imposed for first, second and subsequent violations, designating each violation specifically or by class. The order of the court establishing the schedules shall be prominently posted in the place where penalties established under the schedule are paid.

�� (b) The Chief Justice of the Supreme Court shall establish a uniform fine schedule for violations prosecuted in circuit courts. The schedule must specify the violations that are subject to the authority of the violations clerk.

�� (c) All amounts must be paid to, receipted by and accounted for by the violations clerk in the same manner as other payments on money judgments are received by the court.

�� (5) Any person charged with a violation within the authority of the violations clerk may:

�� (a) Upon signing an appearance, plea of no contest and waiver of trial, pay the clerk the penalty established for the violation charged, including any costs and assessments authorized by law.

�� (b) Pay the clerk the presumptive fine amount established for the violation. Payment of the presumptive fine amount under this paragraph constitutes consent to forfeiture of the presumptive fine amount and disposition of the violation by the clerk as provided by the rules of the court. Payment of the presumptive fine amount under this paragraph is not consent to forfeiture of the presumptive fine amount if the payment is accompanied by a plea of not guilty or a request for hearing.

�� (6) A person who has been found guilty of, or who has signed a plea of no contest to, one or more previous offenses in the preceding 12 months within the jurisdiction of the court may not appear before the violations clerk unless the court, by general order applying to certain specified offenses, permits such appearance.

�� (7) A circuit court may use a Central Violations Bureau established under ORS 153.806 in addition to establishing and operating a Violations Bureau under this section, and may delegate to the State Court Administrator the authority to designate appropriate persons to act as violations clerks for the Central Violations Bureau. [1995 c.292 �1; 1997 c.801 �149; 1999 c.59 �30; 1999 c.1051 �130; 2011 c.597 �149; 2012 c.89 �8; 2019 c.60 �5]

�� 153.805 [Formerly 136.750; repealed by 1999 c.1051 �32]

�� 153.806 Central Violations Bureau; rules. (1) The State Court Administrator may establish a Central Violations Bureau for the processing of violations in circuit courts.

�� (2)(a) The administrator may designate employees of the administrator to act as violations clerks for the Central Violations Bureau.

�� (b) A violations clerk shall serve under the direction and control of the administrator.

�� (c) A violations clerk of the Central Violations Bureau may exercise authority over any violation specified by the Chief Justice of the Supreme Court under subsection (4) of this section.

�� (3) A circuit court may use a Central Violations Bureau established under this section in addition to establishing and operating a Violations Bureau under ORS 153.800.

�� (4) The uniform fine schedule for violations prosecuted in circuit courts established by the Chief Justice of the Supreme Court under ORS 153.800 must specify the violations that are subject to the authority of the Central Violations Bureau violations clerk.

�� (5)(a) Except as provided in subsection (7) of this section, a violations clerk shall accept:

�� (A) Written appearance or appearance by electronic or telephonic means, waiver of trial, plea of no contest and payment of fine, costs and assessments for violations that are subject to the authority of the violations clerk; or

�� (B) Payment of presumptive fine amounts for violations that are subject to the authority of the violations clerk.

�� (b) A violations clerk may accept payments made by electronic or telephonic means.

�� (c) All amounts must be paid to, receipted by and accounted for by the violations clerk in the same manner as other payments on money judgments are received by the court.

�� (6)(a) A person charged with a violation within the authority of the violations clerk may:

�� (A) Upon signing an appearance, plea of no contest and waiver of trial, or upon appearing and entering a plea and waiver by electronic or telephonic means, pay the clerk the penalty established for the violation charged, including any costs and assessments authorized by law.

�� (B) Pay the clerk the presumptive fine amount established for the violation. Payment of the presumptive fine amount under this paragraph constitutes consent to forfeiture of the presumptive fine amount and disposition of the violation by the clerk as provided by the rules of the court. Payment of the presumptive fine amount under this paragraph is not consent to forfeiture of the presumptive fine amount if the payment is accompanied by a plea of not guilty or a request for hearing.

�� (b) Notwithstanding ORS 153.021 and paragraph (a) of this subsection, the violations clerk may offer a reduction in the presumptive fine for a person making payment through the Internet.

�� (7) A person who has been found guilty of, or who has signed a plea of no contest to, one or more previous offenses in the preceding 12 months within the jurisdiction of the court may not appear before the violations clerk unless the Chief Justice of the Supreme Court, by general order applying to certain specified offenses, permits such appearance.

�� (8) The Chief Justice of the Supreme Court may adopt rules to carry out the provisions of this section. [2019 c.60 �1]

�� Note: 153.806 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 153 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 153.808 [Formerly 136.753; repealed by 1999 c.1051 �32]

�� 153.810 [Formerly 136.756; repealed by 1999 c.1051 �32]

MULTNOMAH COUNTY PARKING VIOLATION PROCEDURES

�� 153.820 Special procedures for parking violations in Multnomah County. (1) A court may use the procedure provided in this section only in a county with a population of more than 500,000.

�� (2) The court may proceed to make a determination without a hearing on a citation for a parking violation if:

�� (a) None of the registered owners of the vehicle appears within the time allowed at the court specified in the citation;

�� (b) Notice of the citation and the provisions of this section are mailed to the registered owner or owners of the vehicle at the address or addresses reflected in the records of the Department of Transportation; and

�� (c) No request for hearing or other appearance is filed with the court within 60 days after the mailing date of the notice required by paragraph (b) of this subsection.

�� (3) The court may proceed to make a determination without a hearing on a citation for a parking violation if at least one of the registered owners of the vehicle appears within the time allowed at the court specified in the citation and requests a hearing, but thereafter fails to appear at the time, date and court set for any subsequent hearing in the matter. If a determination is made under the provisions of this subsection, the court shall mail notice of any sentence and judgment to the registered owner or owners of the vehicle at the address or addresses reflected in the records of the Department of Transportation.

�� (4) A determination under this section shall be on the citation and on any evidence that the court may, in its discretion, determine to be appropriate.

�� (5) Upon making a determination under this section, the court may enter judgment and, if the determination is one of conviction, may impose a sentence of a fine within the limits established for the parking violation along with a money award for costs, assessments and other amounts authorized by law.

�� (6) A sentence to pay a fine under this section does not prevent:

�� (a) Taking any other action against the person as permitted by law for the person�s failure to comply, including, but not limited to, sentencing the person further as permitted by law after the person is brought to hearing.

�� (b) Following any procedures established by law when the person fails to appear.

�� (7) On motion and upon such terms as are just, the court may relieve a person from a judgment entered under this section upon a showing that the failure of the person to appear was due to mistake, inadvertence, surprise or excusable neglect. The motion must be made within a reasonable time, and in no event more than one year after entry of judgment in the matter.

�� (8) A judgment may be entered under this section only if the citation issued to the person contains a statement notifying the person that a judgment may be entered against the person up to the maximum amount of fines, assessments and other costs allowed by law for the parking violation if the person fails to appear at the time, date and court specified in the citation or fails to appear at subsequently scheduled hearings in the matter.

�� (9) Notwithstanding any other provision of law, a judgment entered under this section does not create a judgment lien and cannot become a judgment lien by any means. [1997 c.801 �98; 2003 c.576 �172]

PENALTIES

�� 153.990 Penalty for false certification. Any person who in connection with the issuance of a citation, or the filing of a complaint, under this chapter, knowingly certifies falsely to the matters set forth therein commits a Class A misdemeanor. [1981 c.692 �14; 1999 c.1051 �31]

�� 153.992 Penalty for failure to appear. (1) A person commits the offense of failure to appear in a violation proceeding if the person has been served with a citation issued under this chapter for a violation and the person knowingly fails to do any of the following:

�� (a) Make a first appearance in the manner required by ORS 153.061 within the time allowed.

�� (b) Make appearance at the time set for trial in the violation proceeding.

�� (c) Appear at any other time required by the court or by law.

�� (2) Failure to appear on a violation citation is a Class A misdemeanor. [1999 c.1051 �29; 2021 c.591 �16; 2024 c.70 �64]

�� 153.995 [Formerly 484.990; repealed by 1999 c.1051 �32]

�� 153.997 [1991 c.806 �1; repealed by 1999 c.1051 �32]

CHAPTERS 154 AND 155

�[Reserved for expansion]

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