Oregon Revised Statutes

Or. Rev. Stat. § 133.070 (2026)

Criminal citation where arrest without warrant is authorized for ordinance violation

✓ current as of May 2026

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133.070 Criminal citation where arrest without warrant is authorized for ordinance violation. (1) In any instance in which a person is subject to arrest without a warrant for violation of an ordinance of a county, city or municipal corporation, any peace officer who is authorized to make the arrest may make the arrest or in lieu of taking the person into custody the officer may issue and serve a criminal citation to the person to appear at any court within the jurisdictional unit by which the officer is authorized to act.

(2) Any criminal citation issued under this section must meet the requirements of ORS 133.055 to 133.076.

(3) The person cited shall appear before the court in which the person’s appearance is required at the time, date and court specified in the criminal citation. If the person fails to appear at that time and a complaint is filed, the court shall issue a warrant for the person’s arrest upon application for its issuance. [1969 c.244 §8; 1983 c.661 §2; 1999 c.1051 §62]

133.072 [1983 c.661 §10; repealed by 1999 c.1051 §72]

Notes of Decisions

Cited in 2 cases, 1986–2014 · leading case: State v. Kenny, 327 P.3d 548 (Or. Ct. App. 2014).

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State v. Kenny, 327 P.3d 548 (Or. Ct. App. 2014). “Additionally, ORS 133.070 sets forth the conditions in which a criminal citation may be issued for the violation of an ordinance in lieu of an arrest, as opposed to a criminal citation issued for the commission of a misdemeanor or felony under ORS 133.”

Simmons v. Simmons, 728 P.2d 921 (Or. Ct. App. 1986). “National Bank, 248 Or 538 , 436 P2d 256 (1968), the Supreme Court upheld a pre-nuptial agreement in which the widow had waived her rights to support under former ORS 133.070, 2 the predecessor to ORS 114.”

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