ORS 221.405 Validity of charter or ordinance provision determined before merits

Whenever a defendant is charged with violating a provision of a city charter or ordinance and the defendant challenges the validity of the charter or ordinance provision, a municipal judge shall determine such issue and enter an order thereon before deciding the case on its merits.

If the municipal judge declares the charter or ordinance provision invalid, the city may appeal from the municipal court to the circuit court. If the circuit court affirms the municipal court’s determination, the city may appeal to the Court of Appeals as provided in ORS 138.057 in a proceeding involving a violation, or as provided in ORS 138.010 to 138.310 in a proceeding involving a misdemeanor. If a city so appeals, while the appellate decision is pending, the defendant shall be released, with or without bond, for reappearance at the discretion of the trial court until such time as the case is remanded.

If the municipal court declares the charter or ordinance provision valid, the municipal court may proceed to try the matter. If the municipal court convicts the defendant of violating the charter or ordinance provision, the defendant may appeal the judgment of conviction as provided in ORS 221.407.