Oregon Law
Law as of Jan 1, 2024
Chapter contents
221.005Legislative findings; policy 221.010Definitions for ORS 221.020 to 221.100 221.020Authority to incorporate 221.030[Amended by 1965 c.579 §2; 1973 c.432 §2; repealed by 1981 c.890 §2 (221.031 enacted in lieu of 221.030)] 221.031Petition to incorporate; filing; form; contents; approval by boundary commission 221.032Annexation during pendency of incorporation 221.034Incorporation of rural unincorporated community and contiguous lands 221.035Economic feasibility statement; contents 221.036Inclusion of area within urban growth boundary in incorporation of rural unincorporated community 221.040Hearing on petition to incorporate; order fixing date of election on approved petition 221.050Incorporation election; election of first city council; proclamation of results 221.060[Repealed by 1981 c.890 §8 (221.061 enacted in lieu of 221.060)] 221.061Election expenses 221.070[Amended by 1979 c.316 §10; repealed by 1983 c.350 §331a] 221.080[Repealed by 1983 c.350 §331a] 221.090Terms of office of first city council 221.100Validation of incorporation under prior laws 221.102[1973 c.64 §1; repealed by 1975 c.326 §5] 221.104[1973 c.64 §2; repealed by 1975 c.326 §5] 221.106Prohibitions related to signing of incorporation petition; violation 221.110City officers; eligibility 221.120City council; terms; vacancies; powers; meetings 221.130Mayor; term; functions 221.140Appointment of municipal judge and other city officers; removal; compensation 221.142Qualifications for municipal judges; extensions 221.145Basing compensation of city officers upon fines prohibited 221.150[Repealed by 1983 c.350 §331a] 221.160Special elections to fill council vacancies; appointment of council members when all positions vacant 221.170[Amended by 1957 c.608 §225; 1979 c.317 §2; repealed by 1983 c.350 §331a] 221.180Procedure for nomination of candidates for city offices 221.190[Amended by 1957 c.608 §227; repealed by 1983 c.350 §331a] 221.200Law governing city elections 221.210Referendum and initiative for municipal measures and charter amendments 221.230Election dates; emergency elections 221.240Disclosure to city auditor of legally protected material 221.275Definitions for ORS 221.275 to 221.290 221.277Violation of city parking ordinance; affirmative defense 221.280[1995 c.533 §4; repealed by 1997 c.522 §2] 221.283[1995 c.533 §5; repealed by 1997 c.522 §2] 221.285Notice of delinquent parking violation to rental or leasing company; effect when notice not given; effect of prompt payment of amount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 221.287Recovery of fine from renter or lessee of vehicle 221.290Application of ORS 221.275 to 221.290 221.295Ordinances regulating placement or height of radio antennas 221.310Effective date of ordinances, resolutions and franchises; emergency measures 221.315Enforcement of charter provisions and ordinances; disposition of fines 221.320[Repealed by 1967 c.195 §1] 221.330Publication or posting of ordinances; exceptions 221.333Parking ordinance violation; mode of charging defendant; notice as complaint; requirement to pay fine or bail for access to court prohibited 221.335[1989 c.679 §4; 1999 c.1051 §265; renumbered 221.355 in 1999] 221.336Establishment of municipal court 221.337[1995 c.532 §1; 1997 c.801 §150; 1999 c.1051 §266; renumbered 221.357 in 1999] 221.339Jurisdiction of municipal court; prosecutions by city attorney 221.340[Amended by 1973 c.737 §1; 1987 c.687 §8; 1991 c.741 §13; renumbered 221.333 in 1999] 221.342Method by which municipal court becomes court of record 221.343Method by which municipal court ceases to operate as court of record 221.344Registration of municipal court; effect of registration 221.345[Repealed by 1981 c.48 §8] 221.346Enforcement of judgments of municipal court 221.347[1989 c.839 §35; repealed by 1993 c.735 §15] 221.348[1957 c.378 §1; 1999 c.788 §50; renumbered 221.353 in 1999] 221.349[1959 c.502 §§1,2,3; 1965 c.626 §1; 1971 c.633 §7; 1973 c.653 §1; 1987 c.766 §1; 1999 c.788 §51; 1999 c.1085 §7; renumbered 221.354 in 1999] 221.350[Amended by 1985 c.342 §16; 1989 c.123 §2; 1995 c.658 §93; 1999 c.682 §12; renumbered 221.359 in 1999] 221.351Liens based on municipal court judgment; recording judgment or lien; recording fee 221.352Municipal court docket 221.353Disqualification of municipal judge for prejudice 221.354Trial by jury in criminal cases 221.355Agreement between cities for judicial services 221.357Provision of judicial services to city by circuit court 221.358Audio recording or reporting of municipal court proceedings 221.359Appeals from conviction in municipal court 221.360Appeal on issue of constitutionality of charter provision or ordinance 221.370Validity of charter or ordinance provision determined before merits 221.380Appeal by city from invalidating order; release of defendant during appeal 221.390Trial, procedure and sentence in circuit court on appeal from municipal court 221.400[Repealed by 1971 c.633 §8] 221.410Power of city to control local affairs; limitation of floating indebtedness 221.415Municipal rights of way; use by electric utilities; power of city to regulate and impose charges 221.417[1989 c.484 §3; repealed by 1999 c.1093 §21] 221.420Municipal regulation of public utilities 221.430[Amended by 1967 c.359 §684; repealed by 1973 c.33 §1] 221.440[Repealed by 1973 c.33 §1] 221.450Privilege tax on public utilities operating without franchise 221.460Duration of franchises, privileges and permits 221.470Removal of structures after expiration of grant or franchise 221.475Territory annexed to city; limitation on electric service by municipal utility 221.480[Repealed by 1981 c.288 §1] 221.485Policy on vehicles for hire 221.490[Repealed by 1981 c.288 §1] 221.495Local regulation of vehicles for hire 221.500[Repealed by 1981 c.288 §1] 221.505Policy 221.510Municipal regulation of telecommunications carriers 221.515Privilege tax on telecommunications carriers; maximum rate; deduction of additional fees 221.610Disincorporation of cities; effective date 221.620[Repealed by 1983 c.350 §26 (221.621 enacted in lieu of 221.620, 221.630, 221.640 and 221.660)] 221.621Disincorporation procedure; petition; election 221.630[Repealed by 1983 c.350 §26 (221.621 enacted in lieu of 221.620, 221.630, 221.640 and 221.660)] 221.640[Repealed by 1983 c.350 §26 (221.621 enacted in lieu of 221.620, 221.630, 221.640 and 221.660)] 221.650Property conveyed to county; cessation of corporate existence; records deposited 221.655Privilege tax on distribution utilities; maximum rate; allocation of tax among customers 221.660[Repealed by 1983 c.350 §26 (221.621 enacted in lieu of 221.620, 221.630, 221.640 and 221.660)] 221.710[Amended by 2001 c.779 §8; repealed by 2003 c.518 §2] 221.720Situs of cities; jurisdiction of cities coextensive with boundaries 221.725Sale of real property by city; publication of notice; public hearing 221.727Alternative procedure for sale of city-owned real property; public notice and hearing 221.729Sale of city-owned real property to develop affordable housing; proposal process; covenant required 221.730[Repealed by 1955 c.33 §1] 221.735Continuation of collection service after incorporation; authority of city 221.740[Repealed by 1955 c.33 §1] 221.745[1981 c.602 §6; repealed by 1983 c.216 §4] 221.750Right of cities to public areas not extinguished by adverse possession or statute of limitations 221.760Prerequisites for cities in counties of over 100,000 population to receive revenues from cigarette, gas and liquor taxes 221.770Revenue sharing to cities; conditions for distribution; apportionment formula 221.780[1977 c.831 §2; repealed by 1987 c.406 §3] 221.785Effect of challenge of validity of incorporation 221.845[1955 c.475 §1; renumbered 190.510] 221.850[1955 c.475 §5; 1957 c.252 §1; renumbered 190.520] 221.855[1955 c.475 §6; 1957 c.252 §2; renumbered 190.530] 221.860[1955 c.475 §9; 1957 c.252 §3; renumbered 190.540] 221.862“Historic ghost town” defined 221.865[1955 c.475 §2; renumbered 190.550] 221.867Filling vacancies in city council of historic ghost town to form quorum 221.869Preference for appointment to city council of historic ghost town 221.870[1955 c.475 §3; renumbered 190.560] 221.872State shared revenues not available to historic ghost town 221.875[1955 c.475 §4; renumbered 190.570] 221.880[1955 c.475 §7; renumbered 190.580] 221.885[1955 c.475 §8; renumbered 190.590] 221.890[1955 c.475 §10; renumbered 190.600] 221.894[1955 c.561 §1; repealed by 1957 c.241 §1] 221.896[1955 c.561 §2; repealed by 1957 c.241 §1] 221.898[1955 c.561 §3; repealed by 1957 c.241 §1] 221.900[1955 c.561 §4; repealed by 1957 c.241 §1] 221.901Cities organized under 1893 Act; officers; “city” defined for ORS 221.901 to 221.928 221.902City officers; elective; appointive; terms 221.903Bond and oath of officers 221.904Vacancies 221.905Compensation of city officers 221.906Election procedure generally 221.907Eligibility for office 221.908Council meetings; notice; place of meetings 221.909Council meetings; attendance; records 221.910Council to judge qualifications of members 221.911Rules on council’s granting franchise or payment of money 221.912Procedures applicable to ordinances 221.913Claims against cities; how presented and paid 221.914Prosecution for violation of ordinance; place of imprisonment; city liable for expenses 221.915Nuisance defined 221.916Powers of common council 221.917Functions and duties of mayor 221.918Duties of recorder 221.919Powers and duties of marshal; removal from office 221.920Duties of treasurer 221.921Interest of officers in city contracts 221.922[Repealed by 1983 c.350 §331a] 221.923[Amended by 1961 c.290 §1; repealed by 2011 c.597 §309] 221.924Authority to make public improvements 221.925Tax deeds; tax warrants 221.926Authority to enact ordinances 221.927Approval or veto of ordinances; proceedings after veto 221.928Record of ordinances; compilation accepted as evidence 221.929[Repealed by 1953 c.57 §2] 221.930[Repealed by 1973 c.64 §3]

Chapter 221 — Organization and Government of Cities

ORS 221.370 Validity of charter or ordinance provision determined before merits

Whenever the validity of a charter or ordinance provision of any city comes in issue in a trial for violation of charter or ordinance provision, the trial judge shall determine such issue of validity and make a decision and order thereon before making any decision as to the facts in the particular case.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.