153.030
Applicability; statute of limitations.
(1) The procedures provided for in this chapter apply to violations described
in ORS 153.008. Except as specifically provided in this chapter, the criminal
procedure laws of this state applicable to crimes also apply to violations.
(2)
Notwithstanding subsection (1) of this section, ORS 153.633 and all other
provisions of this chapter and of the criminal procedure laws of this state do
not apply to violations that govern the parking of vehicles and that are
created by ordinance or by agency rule.
(3) The statute
of limitations for proceedings under this chapter is as provided in ORS
131.125.
(4) This chapter
does not affect the ability of a city described in ORS 3.136 (1) to engage in
the activities described in ORS 3.136 (3). Nothing in this chapter affects the
ability of any other political subdivision of this state to provide for the
administrative enforcement of the charter, ordinances, rules and regulations of
the political subdivision, including enforcement through imposition of monetary
penalties. Except for ordinances governing the parking of vehicles,
administrative enforcement as described in this subsection may not be used for
any prohibition designated as an offense.
(5) Nothing in
this chapter affects the ability of any political subdivision of this state to
establish rules relating to administrative enforcement as described in
subsection (4) of this section, including rules providing for the use of
citations or other procedures for initiating administrative enforcement
proceedings.
(6) Nothing in
this chapter affects the ability of any political subdivision of this state to
conduct hearings for administrative enforcement as described in subsection (4)
of this section, either before a hearing officer or before the governing body
of the political subdivision.
(7) Nothing in
this chapter affects the ability of any political subdivision to bring a civil
action to enforce the charter, ordinances, rules and regulations of the
political subdivision, or to bring a civil action to enforce any order for
administrative enforcement as described in subsection (4) of this section.
(8) Nothing in
ORS 153.042 affects the authority of any political subdivision of this state to
provide for issuance of citations for violation of offenses created by
ordinance on the same basis as the political subdivision could under the law in
effect immediately before January 1, 2000. [1999 c.1051 §7; 2011 c.597 §111a;
2012 c.89 §3]
Notes of Decisions
Cited in
11
cases (
3 in the last 5 years), 2001–2024 · leading case:
State v. Benoit, 311 P.3d 874 (Or. 2013).
State v. Benoit, 311 P.3d 874 (Or. 2013).
· cites it 4× “As explained above, however, ORS 153.030 declares that the procedures set out in chapter 153 apply to all violations, including violations reduced from misdemeanors pursuant to ORS 161.”
Eslamizar, 23 I. & N. Dec. 684 (BIA 2004).
· cites it 2× “Or. Rev. Stat. § 153.030 (1) (2003). An offender has the right to confront his accusers and have the evidence of witnesses provided orally in open court.”
State v. Dahl, 87 P.3d 650 (Or. 2004).
· cites it 2× “See ORS 153.030 (so providing). More specifically, ORS 153.”
State v. Greenlick, 152 P.3d 971 (Or. Ct. App. 2007).
· cites it 7× “747 appears to address only criminal proceedings, that provision has been made applicable to traffic violations through ORS 153.030, which provides, in part: “(1) * * * Except as specifically provided in this chapter, the criminal procedure laws of this state applicable to…”
Hood River Cnty. v. Stevenson, 33 P.3d 325 (Or. Ct. App. 2001).
“Although ORS 153.030(4) and (5) allow political subdivisions to provide for administrative enforcement of their ordinances in alternative forums in certain circumstances, nothing in ORS chapter 153 indicates that a county ordinance may permit a violation proceeding to be…”
State v. Dahl, 57 P.3d 965 (Or. Ct. App. 2002).
“It requires the state to prove a traffic violation “by a preponderance of the evidence,” the ordinary civil standard, rather than “beyond a reasonable doubt,” the standard applied in criminal cases.”
State v. Roberts, 296 P.3d 603 (Or. Ct. App. 2013).
· cites it 3× “On the other hand, in defendant’s view, a defendant who pleads no contest to a violation has in effect chosen “to accept something akin to a diversion” because the defendant avoids appearing by choosing to pay the base fine.”
City of Eugene v. Morrison, 333 Or. App. 730 (Or. Ct. App. 2024).
· cites it 2× “Benoit, 354 Or 302, 307 , 311 P3d 874 (2013) (“ORS 153.030 declares that the procedures set out in [ORS] chapter 153 apply to all violations, including violations reduced from misdemeanors pursuant to ORS 161.”
Hood River Cnty. v. Mazzara, 89 P.3d 1195 (Or. Ct. App. 2004).
“055 (state has burden of disproving defense other than affirmative defense raised at trial); ORS 153.030 (criminal procedure laws applicable to crimes also apply to violations).”
City of Eugene v. Morrison (Or. Ct. App. 2024).
· cites it 2× “Benoit, 354 Or 302, 307 , 311 P3d 874 (2013) (“ORS 153.030 declares that the procedures set out in [ORS] chapter 153 apply to all violations, including violations reduced from misdemeanors pursuant to ORS 161.”
City of Eugene v. Morrison (Or. Ct. App. 2024).
· cites it 2× “Benoit, 354 Or 302, 307 , 311 P3d 874 (2013) (“ORS 153.030 declares that the procedures set out in [ORS] chapter 153 apply to all violations, including violations reduced from misdemeanors pursuant to ORS 161.”
— Or. Rev. Stat. § 153.030(1) — 8 cases
State v. Dahl, 87 P.3d 650 (Or. 2004).
“See ORS 153.030 (so providing). More specifically, ORS 153.”
State v. Benoit, 311 P.3d 874 (Or. 2013).
“As explained above, however, ORS 153.030 declares that the procedures set out in chapter 153 apply to all violations, including violations reduced from misdemeanors pursuant to ORS 161.”
State v. Dahl, 57 P.3d 965 (Or. Ct. App. 2002).
“It requires the state to prove a traffic violation “by a preponderance of the evidence,” the ordinary civil standard, rather than “beyond a reasonable doubt,” the standard applied in criminal cases.”
State v. Greenlick, 152 P.3d 971 (Or. Ct. App. 2007).
“747 appears to address only criminal proceedings, that provision has been made applicable to traffic violations through ORS 153.030, which provides, in part: “(1) * * * Except as specifically provided in this chapter, the criminal procedure laws of this state applicable to…”
State v. Roberts, 296 P.3d 603 (Or. Ct. App. 2013).
“On the other hand, in defendant’s view, a defendant who pleads no contest to a violation has in effect chosen “to accept something akin to a diversion” because the defendant avoids appearing by choosing to pay the base fine.”
— Or. Rev. Stat. § 153.030(4) — 1 case
Hood River Cnty. v. Stevenson, 33 P.3d 325 (Or. Ct. App. 2001).
“Although ORS 153.030(4) and (5) allow political subdivisions to provide for administrative enforcement of their ordinances in alternative forums in certain circumstances, nothing in ORS chapter 153 indicates that a county ordinance may permit a violation proceeding to be…”
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