Oregon Statutes - Chapter 221 - Organization and Government of Cities

• 221.005   Legislative findings; policy.
  The Legislative Assembly finds that the provisions of ORS 199.476, 221.031, 221.040, 221.061, 221.106, 221.735 and this section are necessary to provide for the orderly...
• 221.010   Definitions for ORS 221.020 to 221.100.
  As used in ORS 221.020 to 221.100, unless the context requires otherwise: (1) “County court” means a county court or board of county commissioners. (2)...
• 221.020   Authority to incorporate.
  The people of an area, no part of which lies in an incorporated city and in which 150 persons reside, may incorporate a city by...
• 221.030   [Amended by 1965 c.579 §2; 1973 c.432 §2; repealed by 1981 c.890 §2 (221.031 enacted in lieu of 221.030)]
• 221.031   Petition to incorporate; filing; form; contents; approval by adjoining city.
  (1) Before circulating a petition to incorporate unincorporated territory as a city, the petitioners shall file a petition for incorporation in a form prescribed by...
• 221.032   Annexation during pendency of incorporation.
  After a person files a petition for incorporation under ORS 221.031, a city or district may not commence annexation proceedings for any part of the...
• 221.034   Incorporation of rural unincorporated community and contiguous lands.
  (1) As used in this section: (a) “Neighboring city” means a city that has any part of its territory situated within three miles of the...
• 221.035   Economic feasibility statement; contents.
  (1) If a person intends to file a petition for incorporation under ORS 221.031 (1), the person may file a notice of intent to prepare...
• 221.036   Inclusion of area within urban growth boundary in incorporation of rural unincorporated community.
  For an area that includes a rural unincorporated community, as defined in ORS 221.034, if a notice of intent to prepare an economic feasibility statement...
• 221.040   Hearing on petition to incorporate; order fixing date of election on approved petition.
  (1) When a petition for incorporation described in ORS 221.031 is signed by 20 percent or, in a county with a population over 300,000, by...
• 221.050   Incorporation election; election of first city council; proclamation of results.
  (1) The county court shall submit the proposition for incorporation determined as provided in ORS 221.040 to the electors registered in the area proposed to...
• 221.060   [Repealed by 1981 c.890 §8 (221.061 enacted in lieu of 221.060)]
• 221.061   Election costs.
  (1) When a majority of votes cast in an election held under this chapter for incorporation of a city favors incorporation, all expenses of the...
• 221.070   [Amended by 1979 c.316 §10; repealed by 1983 c.350 §331a]
• 221.080   [Repealed by 1983 c.350 §331a]
• 221.090   Terms of office of first city council.
  (1) Members of the first city council shall serve the following terms: (a) The two members receiving the two highest number of votes shall hold...
• 221.100   Validation of incorporation under prior laws.
  Only those cities which, prior to March 28, 1941, commenced incorporation according to the procedure provided in sections 1 to 9, chapter 345, General 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]
• 221.106   Prohibition against signing by person not elector, signing false name or multiple signing of incorporation petition.
  (1) No person may sign a petition described in ORS 221.031 with a name not the person’s own, or knowingly sign the person’s name more...
• 221.110   City officers; eligibility.
  The officers of a city created under ORS 221.010 to 221.100 shall be five councillors, a municipal judge and such other officers as the council...
• 221.120   City council; terms; vacancies; powers; meetings.
  Concerning the council of a city created under ORS 221.010 to 221.100: (1) Three councillors shall be elected biennially. (2) At an election for electing...
• 221.130   Mayor; term; functions.
  Concerning the mayor of a city created under ORS 221.010 to 221.100: (1) Only councillors shall be eligible to serve as mayor. (2) The council...
• 221.140   Appointment of municipal judge and other city officers; removal; compensation.
  The council of a city created under ORS 221.010 to 221.100 shall appoint a municipal judge and such other officers as it deems necessary for...
• 221.145   Basing compensation of city officers upon fines prohibited.
  The amount of compensation for city police officers, municipal judges or other city officers shall not be based upon the amount of revenues collected from...
• 221.150   [Repealed by 1983 c.350 §331a]
• 221.160   Special elections to fill council vacancies; appointment of council members when all positions vacant.
  (1) Whenever because of death, resignation or other cause the number of the members of the governing body of any city is insufficient to constitute...
• 221.170   [Amended by 1957 c.608 §225; 1979 c.317 §2; repealed by 1983 c.350 §331a]
• 221.180   Procedure for nomination of candidates for city offices.
  (1) This section and ORS chapters 249 and 254 govern the manner of nominating and electing candidates for municipal offices in all cities. (2) Notwithstanding...
• 221.190   [Amended by 1957 c.608 §227; repealed by 1983 c.350 §331a]
• 221.200   Law governing elections in cities.
  ORS chapters 246 to 260 govern the conduct of all city elections. [Amended by 1957 c.608 §228; 1979 c.317 §3; 1983 c.350 §23]
• 221.210   Charter amendments and other municipal measures; initiative and referendum.
  The city council may refer and the people may initiate municipal measures or amendments to the charter of a city as provided in ORS 250.265...
• 221.230   Election dates; procedure for emergency elections.
  (1) Except as provided in subsection (2) of this section, no election on a city measure or for a city office shall be held on...
• 221.275   Definitions for ORS 221.275 to 221.290.
  As used in ORS 221.275 to 221.290: (1) “Owner” or “owner of a vehicle” means the person listed as the owner of a vehicle in...
• 221.277   Violation of city parking ordinance; affirmative defense.
  (1) It is an offense to be the registered owner of a motor vehicle parked in violation of a city ordinance. (2) It is an...
• 221.280   [1995 c.533 §4; repealed by 1997 c.522 §2]
• 221.283   [1995 c.533 §5; repealed by 1997 c.522 §2]
• 221.285   Notice of delinquent parking violation to rental company; effect when notice not given; effect of prompt payment of amount specified in citation; procedure to substitute renter as defendant.
  (1) A notice of delinquent parking violation containing the information specified in ORS 221.333 shall be sent to each car rental or leasing company that...
• 221.287   Recovery of fine from renter or lessee of vehicle.
  (1) A car rental or leasing company is authorized to recover a fine paid to a city in response to a citation for violation of...
• 221.290   Application of ORS 221.275 to 221.290.
  ORS 221.275 to 221.290 apply to any city with a population exceeding 300,000. [1995 c.533 §9]
• 221.295   Ordinances regulating placement or height of radio antennas.
  Notwithstanding ORS chapters 215 and 227, a city or county ordinance based on health, safety or aesthetic considerations that regulates the placement, screening or height...
• 221.310   Effective date of ordinances, resolutions and franchises; emergency measures.
  (1) In cities having a population of 2,000 or more, an ordinance or a franchise shall not take effect until 30 days after its passage...
• 221.315   Enforcement of ordinance and charter provisions; disposition of fines, costs and forfeited security deposit.
  (1) Prosecution of violations of the charter or ordinances of a city in circuit or justice court shall be by the city attorney and in...
• 221.320   [Repealed by 1967 c.195 §1]
• 221.330   Publication or posting of ordinances; exceptions.
  Ordinances passed by cities must be posted or published in a newspaper if required by their respective charters; provided, that ordinances establishing rules and regulations...
• 221.333   Parking ordinance violation; mode of charging defendant; notice as complaint.
  (1) In all prosecutions for violation of motor vehicle parking ordinances in cities, it shall be sufficient to charge the defendant by an unsworn written...
• 221.335   [1989 c.679 §4; 1999 c.1051 §265; renumbered 221.355 in 1999]
• 221.336   Establishment of municipal court.
  Any city of this state may establish a municipal court by charter or by ordinance. [1999 c.788 §46]
• 221.337   [1995 c.532 §1; 1997 c.801 §150; 1999 c.1051 §266; renumbered 221.357 in 1999]
• 221.339   Jurisdiction of municipal court; prosecutions by city attorney.
  (1) A municipal court has concurrent jurisdiction with circuit courts and justice courts over all violations committed or triable in the city where the court...
• 221.340   [Amended by 1973 c.737 §1; 1987 c.687 §8; 1991 c.741 §13; renumbered 221.333 in 1999]
• 221.342   Method by which municipal court becomes court of record.
  (1) Any municipal court may become a court of record by: (a) The passage of an ordinance by the governing body of the city in...
• 221.343   Method by which municipal court ceases to operate as court of record.
  (1) Any municipal court that has become a court of record under ORS 221.342 may cease to operate as a court of record only if...
• 221.344   Registration of municipal court; effect of registration.
  (1) A judgment docketed by a municipal court may be enforced in the manner provided in ORS 221.346 and 221.351 if: (a) The municipality has...
• 221.345   [Repealed by 1981 c.48 §8]
• 221.346   Enforcement of judgments of municipal court.
  (1) Subject to the requirements of ORS 221.344, enforcement proceedings on a judgment docketed by a municipal court may include: (a) Writ of execution proceedings...
• 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]
• 221.351   Liens based on municipal court judgment; recording judgment or lien; recording fee.
  (1) Subject to the requirements of ORS 221.344, a lien on real property of a judgment debtor may be acquired under a judgment docketed in...
• 221.352   Municipal court docket.
  (1) A municipal court of this state that registers under ORS 221.344 must maintain a docket. A municipal judge must enter the following information in...
• 221.353   Disqualification of municipal judge for prejudice.
  No judge of a municipal court having two or more judges shall hear to try any action, matter or proceeding if a party thereto or...
• 221.354   Trial by jury in criminal cases.
  (1) In all prosecutions for any crime defined and made punishable by any city charter or ordinance the defendant shall have the right of trial...
• 221.355   Agreement between cities for judicial services.
  Any city may enter into an agreement pursuant to ORS 190.010 with another city for the provision of judicial services. A municipal judge providing services...
• 221.357   Agreement for judicial services to city by circuit court; powers of court under agreement; disposition of fines.
  (1) A city having a population of 300,000 or less may enter into an agreement with the State Court Administrator for the provision of judicial...
• 221.359   Appeals from conviction in municipal court.
  (1) Except as provided in subsection (3) of this section, whenever any person is convicted in the municipal court of any city of any offense...
• 221.360   Appeal on issue of validity of charter or ordinance.
  In all cases involving the constitutionality of the charter provision or ordinance under which the conviction was obtained as indicated in ORS 221.359, such person...
• 221.370   Validity of charter or ordinance 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,...
• 221.380   Appeal by city from invalidating order; release of defendant during appeal.
  From an order declaring a charter or ordinance provision invalid, the city may appeal from the municipal court to the circuit court for the county...
• 221.390   Trial, procedure and sentence in circuit court on appeal from municipal court.
  (1) When any person convicted in a municipal court appeals to the circuit court as provided in ORS 221.359 and 221.360, such person shall be...
• 221.400   [Repealed by 1971 c.633 §8]
• 221.410   Power of city to control local affairs; limitation of floating indebtedness.
  (1) Except as limited by express provision or necessary implication of general law, a city may take all action necessary or convenient for the government...
• 221.415   Municipal rights of way; use by electric utilities; power of city to regulate and impose charges.
  Recognizing the independent basis of legislative authority granted to cities in this state by municipal charters, the Legislative Assembly intends by ORS 221.415, 221.420, 221.450...
• 221.417   [1989 c.484 §3; repealed by 1999 c.1093 §21]
• 221.420   Municipal regulation of public utilities.
  (1) As used in this section: (a) “Public utility” has the meaning for that term provided in ORS 757.005. (b) “Commission” means the Public Utility...
• 221.430   [Amended by 1967 c.359 §684; repealed by 1973 c.33 §1]
• 221.440   [Repealed by 1973 c.33 §1]
• 221.450   Privilege tax on public utilities operating without franchise.
  Except as provided in ORS 221.655, the city council or other governing body of every incorporated city may levy and collect a privilege tax from...
• 221.460   Duration of franchises, privileges and permits.
  All franchises, privileges or permits for the use of the public highways, streets or alleys granted after June 5, 1931, by any municipal corporation shall...
• 221.470   Removal of structures on expiration of grant or franchise.
  (1) All property and materials (including poles, posts, towers, wires, conduits, mains, pipes, rails, tracks, ties, railways, pole lines, telegraph, telephone or electric transmission lines,...
• 221.475   Territory annexed to city; limitation on electric service by municipal utility.
  Nothing contained in any public facility or comprehensive plan of any city shall confer any right on a city to provide electric utility service in...
• 221.480   [Repealed by 1981 c.288 §1]
• 221.485   Policy on vehicles for hire.
  The Legislative Assembly finds and declares that privately owned taxicabs, limousines and other vehicles for hire are a vital part of the transportation system within...
• 221.490   [Repealed by 1981 c.288 §1]
• 221.495   Local franchise authority over vehicles for hire.
  Cities and counties in this state are authorized to grant franchises, to license, control and regulate privately owned taxicabs, limousines and other vehicles for hire...
• 221.500   [Repealed by 1981 c.288 §1]
• 221.505   Policy.
  The Legislative Assembly recognizes that significant changes have occurred in the regulation, technology and marketing of telecommunications carriers as defined in ORS 133.721 over the...
• 221.510   Municipal regulation of telecommunications carriers.
  (1) As used in this section: (a) “Telecommunications carrier” has the meaning given that term in ORS 133.721. (b) “Commission” means the Public Utility Commission...
• 221.515   Privilege tax on telecommunications carriers; maximum rate; deduction of additional fees.
  (1) The council of every municipality in this state may levy and collect from every telecommunications carrier operating within the municipality and actually using the...
• 221.610   Disincorporation of cities; effective date.
  Any city not liable for any debt or other obligation, may surrender its charter, disincorporate and cease to exist if a majority of the electors...
• 221.620   [Repealed by 1983 c.350 §26 (221.621 enacted in lieu of 221.620, 221.630, 221.640 and 221.660)]
• 221.621   Disincorporation procedure; petition; election.
  (1) This section establishes the procedure for determining whether a city shall disincorporate. The question shall be decided by election. The governing body of the...
• 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)]
• 221.650   Property conveyed to county; cessation of corporate existence; records deposited.
  Within 30 days after the authorization of the surrender of the charter, the city shall convey, grant, assign and deliver all its property real and...
• 221.655   Privilege tax on distribution utilities; maximum rate; allocation of tax among customers.
  (1) The city council or governing body of an incorporated city may levy and collect from a distribution utility providing direct access to electricity services...
• 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]
• 221.720   Situs of cities; jurisdiction of cities coextensive with boundaries.
  (1) For the purpose of the administration of all laws relating to incorporated cities, other than ORS 221.090, every city shall be deemed to have...
• 221.725   Sale of city real property; publication of notice; public hearing.
  (1) Except as provided in ORS 221.727, when a city council considers it necessary or convenient to sell real property or any interest therein, the...
• 221.727   Alternative procedure for sale of city real property; public notice and hearing.
  Notwithstanding ORS 221.725, a city council may adopt, after public notice and hearing, a procedure for the sale of individual parcels of a class of...
• 221.730   [Repealed by 1955 c.33 §1]
• 221.735   Continuation of collection service after incorporation; authority of city.
  When a city is incorporated after November 1, 1981: (1) The city and the holder of any license, certificate or franchise for collection service within...
• 221.740   [Repealed by 1955 c.33 §1]
• 221.745   [1981 c.602 §6; repealed by 1983 c.216 §4]
• 221.750   Right of cities to public areas not extinguished by adverse possession or statute of limitations.
  The right of cities and towns, whether incorporated or not, to land dedicated to or otherwise acquired for the public use for streets, highways, parks...
• 221.760   Prerequisites for cities in counties over 100,000 population to receive revenues from cigarette, gas and liquor taxes.
  (1) The officer responsible for disbursing funds to cities under ORS 323.455, 366.785 to 366.820 and 471.805 shall disburse such funds in the case of...
• 221.770   Revenue sharing to cities; conditions for receipt; formula for distribution.
  (1) A share of certain revenues of this state shall be apportioned among and distributed to the cities of this state for general purposes as...
• 221.780   [1977 c.831 §2; repealed by 1987 c.406 §3]
• 221.785   Effect of challenge of validity of incorporation.
  (1) Notwithstanding ORS 221.770, 323.455, 366.785 to 366.820 and 471.810, when a proceeding challenging the validity of the incorporation of a city is commenced before...
• 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.
  As used in ORS 221.862 to 221.872, “historic ghost town” means an incorporated city within this state that: (1) Is on land acquired under a...
• 221.865   [1955 c.475 §2; renumbered 190.550]
• 221.867   Filling vacancies in all offices of members of city council of historic ghost town.
  If a number of vacancies exist at the same time in the offices of members of the city council of an historic ghost town so...
• 221.869   Preference for appointment to city council of historic ghost town.
  In making appointments to the city council of an historic ghost town under ORS 221.862 to 221.872, the governing body of a county shall give...
• 221.870   [1955 c.475 §3; renumbered 190.560]
• 221.872   State revenues not available to historic ghost town.
  An historic ghost town shall not receive any portion of liquor revenues, highway funds or other state funds distributed to incorporated cities. [1983 c.355 §4]...
• 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]
• 221.901   Cities organized under 1893 Act; officers; “city” defined for ORS 221.901 to 221.928.
  (1) The officers of every municipal corporation organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893, shall be a mayor, six...
• 221.902   City officers; elective; appointive; terms.
  (1) The mayor, alderpersons, recorder, treasurer, and marshal of a municipal corporation organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893,...
• 221.903   Bond and oath of officers.
  The recorder, treasurer and marshal mentioned in ORS 221.902 shall, before entering upon the duties of their respective offices, each execute a bond to the...
• 221.904   Vacancies.
  (1) The council shall fill any vacancy occurring in any of the offices provided for in ORS 221.902 by appointment. (2) If the office is...
• 221.905   Compensation of city officers.
  The mayor and alderpersons mentioned in ORS 221.902 shall receive no compensation whatever for their services as such officers. The recorder, treasurer, marshal, police and...
• 221.906   Election procedure generally.
  All elections in a city organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893, shall be governed by ORS chapters 246...
• 221.907   Eligibility for office.
  No person shall be eligible to or hold any elective or appointive office in a city referred to in ORS 221.906 unless the person is...
• 221.908   Council meetings; notice; place of meetings.
  The council shall meet the second Tuesday in January succeeding each general municipal election and take the oath of office. The council shall hold regular...
• 221.909   Council meetings; attendance; records.
  At any meeting of the council a majority of the councillors shall constitute a quorum for the transaction of business. A less number may adjourn...
• 221.910   Powers of council regarding qualification of members.
  The council shall judge the qualifications of its members. [Amended by 1983 c.350 §32]
• 221.911   Rules on enactment of ordinances granting franchise or for payment of money.
  No ordinance or resolution granting any franchise for any purpose shall be passed by the council on the day of its introduction nor within five...
• 221.912   Formalities required to render ordinance effective.
  The enacting clause of all ordinances shall be as follows: “Be it ordained by the common council of the city or town (as the case...
• 221.913   Claims against cities; how presented and paid.
  (1) All claims and demands against any city referred to in ORS 221.906 shall be presented to and audited by the council in accordance with...
• 221.914   Prosecution for violation of ordinance; place of imprisonment; city liable for expenses.
  (1) The violation of any ordinance of a city referred to in ORS 221.906 shall be deemed a misdemeanor and may be prosecuted by the...
• 221.915   Nuisance defined.
  Every act or thing done, or anything existing within the limits of any city referred to in ORS 221.906, which is or may be declared...
• 221.916   Powers of common council generally.
  (1) The mayor and alderpersons shall compose the common council of any city organized under sections 1 to 6, pages 119 to 123, Oregon Laws...
• 221.917   Functions and duties of mayor.
  The mayor is the executive officer of any city referred to in ORS 221.902 and must exercise a careful supervision over its general affairs and...
• 221.918   Duties of recorder.
  The recorder referred to in ORS 221.901 shall keep a journal of the proceedings of the council, and be ex officio assessor, and perform such...
• 221.919   Powers and duties of marshal; removal from office.
  The marshal shall be chief of police and shall have control over all police officers when on duty. The marshal shall be a conservator of...
• 221.920   Duties of treasurer.
  The treasurer, as tax collector, shall collect and receipt for all taxes levied by the council and not returned as delinquent, and shall receive and...
• 221.921   Interest of officers in city contracts.
  No mayor, council member or any other officer of any city referred to in ORS 221.906, during the period for which the officer is elected,...
• 221.922   [Repealed by 1983 c.350 §331a]
• 221.923   Working out fines for violation of ordinance.
  When any person is convicted of an offense under any of the ordinances of any city referred to in ORS 221.906 and fails to pay...
• 221.924   Authority to make public improvements.
  The council may, whenever it deems it expedient, improve the public grounds within any city referred to in ORS 221.906, and establish and open additional...
• 221.925   Tax deeds; tax warrants.
  In making a deed for any real property sold for delinquent taxes, it is not necessary to recite or set forth the proceedings prior to...
• 221.926   Authority to enact ordinances.
  Every city organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893, may pass any and all necessary ordinances for the purpose...
• 221.927   Approval or veto of ordinances; proceedings after veto.
  Upon the passage of any ordinance, the enrolled copy thereof, attested by the recorder, shall be submitted to the mayor by the recorder, and if...
• 221.928   Record of ordinances; compilation accepted as evidence.
  The ordinances passed by any common council or any municipal corporation within this state, organized under sections 1 to 6, pages 119 to 123, Oregon...
• 221.929   [Repealed by 1953 c.57 §2]
• 221.930   [Repealed by 1973 c.64 §3]

Last modified: August 7, 2008