1986-24505-Ordinance No. 86-076 Recorded 12/3/1986BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
An Ordinance Relating to
County Offenses, Repealing
Ordinances No. 82-012 and
No. 86-027, Establishing an
Infractions Procedure for Vio-*
lation of County Ordinances,
Continuing Liabilities, Pre-
scribing Penalties for Vio-
lation of a Stop Work or Use
Notice, Declaring an Emer-
gency, and Providing for an
VOL
REViEVN ..
t COUNSEL
COUNTY, O0jREGON
KEYPUNCHED
DEC 0 8 1986
�.....
-iia
Effective Date.
SG -24t-,05 *
ORDINANCE NO. 86-076
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Infraction of County Ordinances. Violation of a
county ordinance shall be punishable, upon conviction, by fine
only. Violation of a county ordinance shall constitute an in-
fraction. Infractions of county ordinances shall be classified
as Class A infractions or Class B infractions. Each county
ordinance specifying a county offense shall classify the ordi-
nance violation as a Class A or Class B infraction. A sentence
to pay a fine for an infraction of a county ordinance shall be a
sentence to pay an amount not exceeding:
(a) $500.00 for a Class A infraction.
(b) $100.00 for a Class B infraction.
A sentence to pay a fine for a continuing infraction of a county
ordinance shall not exceed $1,000.00.
Section 2. Continuing Infraction. When an infraction is of
a continuing nature, a separate infraction will be deemed to
occur on each calendar day the infraction continues and a sep-
arate summons and complaint my be filed for each such infraction.
Section 3. Infraction Procedures. The infraction proce-
dures as set forth in ORS 8.665, 153.110 to 153.310 and 153.990
shall be the procedures for county ordinance infractions and are
adopted hereby by reference.
Section 4. Other Remedies Not Precluded. The procedure
established by this Ordinance shall be the exclusive procedure
1 - ORDINANCE NO. 86-076
VOL 8&E 864
for imposing a fine. Provided, however, this Ordinance shall not
prohibit, in any manner, alternative remedies including, but not
limited to, injunction, nor shall the county be prohibited from
recovering any expense incurred in any injunction action.
Section 5. Stop Work Or Use Tag Posting. After a stop work
or use tag is posted, any person continuing work or use commits a
separate infraction. Violation of a stop work or use notice
constitutes a Class A infraction.
Section 6. Continuing Liabilities. The repeal of Ordi-
nances No. 82-012 and No. 86-027 by this Ordinance shall not
release or extinguish any penalty, forfeiture or judgment imposed
or liability incurred under Ordinance No. 82-012, as amended by
Ordinance No. 86-027. Ordinances No. 82-012 and No. 86-027 shall
remain in full force and effect for the purpose of enforcement of
any penalty, forfeiture or judgment imposed thereunder or
liability incurred thereunder.
Section 7. Severability. It is the legislative intent of
this Ordinance that if any part of this Ordinance is held to be
unconstitutional or otherwise void, or is repealed or impliedly
repealed by county ordinance, federal or state law, each and
every other provision shall remain in force.
Section 8. Repeal. Ordinances No. 82-012 and No. 86-027
are hereby repealed.
Section 9. Emergency and Effective Date. This Ordinance
being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and
this Ordinance takes effect on January 1, 1987.
DATED this day
ATTEST:
Recordingcretary
2 - ORDINANCE NO. 86-076
of , 1986.
BOARD OF COUNTY COMMI ONERS
OF D�CHUTRV COUNTY,/O MGON
L -O S BRISTOW PRANTE, Chair
'" &2t
TI -5157 ,/U , Commissioner
r _ />A
DICK MAUDLIN,"Comfiissioner