§ 1.07.030. Citations required; form and contents.

(A)

Except as otherwise provided by law, a citation conforming to the requirements of this chapter will be used for all City ordinance violations.

(B)

State citation forms will be used by the Police Department.

(C)

In addition to the state citation forms, a City summons may be used.

(D)

Each shall at a minimum contain the following information or blanks in which such information shall be entered:

(1)

The name of the person or persons cited;

(2)

The section of the codified ordinances or the title and section of any other ordinance or state law violated;

(3)

A brief description of the alleged violation in such a manner as can be readily understood by a person making a reasonable effort to do so, the date and place at which the violation occurred, including in the case of a Unified Development Code violation, the designation of the zone in which the violation occurred, the date on which the citation was issued and the name of the complainant;

(4)

The time and place where the person cited is to appear in court; and

(5)

The amount of bail, if any, fixed for the offense.

(E)

Issuing a citation (Police Department will use a state-issued form).

(1)

The complaint shall contain a form or citation by the complainant to the effect that he or she certifies that he or she has reasonable grounds to believe, and does believe, that the person cited committed a violation of a City ordinance or code. The certification, if made by a duly authorized enforcement official or peace officer, need not be made before a magistrate or any other person. A citation conforming to this section shall be deemed equivalent to a sworn statement.

(2)

A complainant who is not a duly authorized enforcement official or peace officer (a "private person") shall so certify before the Municipal Court, a Circuit Court Judge or a Clerk or Deputy Clerk of the Municipal or Circuit Court of Jackson County and this action will be entered in the Court record.

(3)

The reverse side of the complaint shall contain the Court record.

(F)

The citation shall contain a notice to the person that the complaint will be filed with the Municipal Court. Filing the complaint with the Municipal Court does not limit jurisdiction to the Municipal Court. The reverse side of the summons shall contain the following, in a form substantially as follows:

READ CAREFULLY

You have been charged with a violation of a City of Jacksonville ordinance. You MUST do ONE of the following:

1. APPEAR IN COURT at the time mentioned in this summons and enter a plea. You have a right to trial, and if you plead not guilty the Court will fix a date and time for trial.

2. a. MAIL TO THE COURT THIS SUMMONS, together with a check or money order in the amount of the bail indicated on the other side of this summons, and notify the Court you request a trial.

b. If you do not want a trial, 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 by written statement or testimony. Your explanation is a waiver of your right to a trial and is consent to any Court judgment.

THIS SUMMONS AND THE BAIL MUST REACH THE COURT BEFORE THE TIME WHEN THIS SUMMONS REQUIRES YOU TO APPEAR IN 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. THIS SUMMONS AND THE BAIL MUST REACH THE COURT BEFORE THE TIME WHEN THIS SUMMONS REQUIRES YOU TO APPEAR IN COURT.

Note: 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

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 violation as charged, WAIVE my right to trial by the Court and agree to pay the penalty prescribed for my violation.

Defendant's Name___________Date________

Address______________________________________________________________

______________________________________________________________________

MAIL CORRESPONDENCE AND MAKE CHECKS PAYABLE TO: JACKSONVILLE MUNICIPAL COURT, PO Box 7, Jacksonville, Oregon 97530 [or Jackson County Circuit Court, Jackson County Justice Building, 100 South Oakdale, Medford, Oregon 97501, as is applicable].

IF YOU FAIL TO COMPLY WITH THESE INSTRUCTIONS, THE COURT IS AUTHORIZED TO ISSUE A WARRANT FOR YOUR ARREST.

IF YOU FAIL TO DO ONE OF THE THREE FOREGOING PROCEDURES, OR FAIL TO APPEAR FOR TRIAL AT THE TIME SET BY THE COURT, THE COURT IS AUTHORIZED TO ISSUE A WARRANT FOR YOUR ARREST.

AFTER NOTICE, THE COURT MAY REQUIRE YOU TO APPEAR FOR A HEARING IN ANY CASE.

(G)

Any error in transcribing information into the blanks provided in the citation form, when determined by the court to be non-prejudicial to the defendant's defense, may be corrected at the time of trial or prior to the time of trial, with notice being given to the defendant.

(H)

Except as provided in subsection (G) of this section, the complaint shall be set aside by the court only upon the motion of the defendant before plea, if it does not conform to the requirements of this section.

(I)

The citation or complaint shall be on a form approved by the City.

(Code 1981, § 1.07.030; Ord. No. 433, 10-17-1995; Ord. No. 588, 11-4-2008)