A. The municipal court shall have jurisdiction over all offenses made punishable under the ordinances of the City of Ashland; all misdemeanor crimes made punishable under ORS Chapters 161 through 167 and 471 through 480; all violations, as defined by ORS 153.005(3); and all traffic offenses, as defined by ORS 801.555, that are made punishable under Title 59 of the Oregon Revised Statutes, other than felony traffic crimes.
1. When jurisdiction on a matter is conferred on the municipal court, all the means to carry such jurisdiction into effect is also given to the municipal judge; and in the exercise of such jurisdiction, if the rules of procedure are not specifically identified or made applicable to the municipal court under this Chapter, any suitable process or mode of proceeding may be adopted by the municipal judge which may appear most conformable to the exercise of such jurisdiction.
2. Rules of Procedure. The municipal judge may adopt and publish rules necessary for the prompt and orderly conduct of the business of the municipal court. Rules adopted by the municipal judge pursuant to this section shall be consistent with the provisions of ORS Chapter 153, ORS Chapter 156, and any rules adopted by the Oregon Supreme Court pursuant to ORS 153.033.
B. Unless otherwise specifically provided, when the Ashland Municipal Code identifies violation of its provisions as a misdemeanor or as subject to this section, any person violating any provisions or failing to comply with any of the mandatory requirements of this code is guilty of a criminal offense having a maximum fine and incarceration not exceeding the limitations of Article 9, Section 1 of the Ashland City.
1. Notwithstanding the above, according to ORS 221.339, municipal courts have concurrent jurisdiction with circuit courts and justice courts over misdemeanors committed or trial able in the City. The Ashland municipal court is subject to the state laws it enforces and is not subject to the fine and incarceration limitations of the Ashland City Charter.
2. In addition to a fine and incarceration, the municipal court may impose any additional punishment, probation, remedial measure (e.g. restitution), or expulsion as provided under AMC 10.120 et sec., that is appropriate for the offense.
C. The City police, city attorney, assistant city attorney, and municipal court, including the municipal court judge, judges pro tem, court supervisor and deputy court clerks, shall have all the powers, duties, and responsibilities provided under Oregon Revised Statutes, applicable to investigation, prosecution, administration, and adjudication of criminal offenses and violations within the City of Ashland and on city-owned property as applicable.
D. The statutes, codes and procedures adopted herein are expressly made applicable within the City limits of the City of Ashland as well as outside the City limits for offenses occurring on city-owned or controlled property located outside the City limits of the City of Ashland, Oregon.
E. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this code is committed, continued or permitted by any such person, and shall be punished accordingly. The costs of prosecution, including but not limited to court costs, assessments, fees, surcharges, restitution, and the like, shall not be included within the $500 fine limitation. The prosecution in Ashland municipal court of state law misdemeanors and violations pursuant to ORS 221.339 is not limited by the fine and incarceration limitations of the City charter. (Ord. 3067, amended, 06/19/2012; Ord. 3022, amended, 08/03/2010; Ord. 3101, amended, 2014)