2007-1648-Ordinance No. 2007-028 Recorded 12/3/2007REVIEWED NANCYUBLANKCOUNTY RECORD
ENSHIP,F000NTY CLERKS OJ 2001'!648
COMMISSIONERS' JOURNAL 12/03/2007 04;24;16 PM
LEGAL COUNSEL 1111111111111111111111111111111
2007-3648
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Section 1.16, Code
Violations and Enforcement and Declaring an * ORDINANCE NO. 2007-028
Emergency.
WHEREAS, ORS 153.005(1) (f) defines an Enforcement Officer as "Any other person specifically
authorized by law to issue citations for the commission of violations;" and
WHEREAS, by allowing private person to commence an action for a noise offense under DCC 8.08 or
an animal control violation under DCC 6.08 to sign the complaint before a deputy sheriff, the citizens of
Deschutes County will be better served by not having to come into Bend to certify such actions before a
magistrate, Circuit Court Clerk or Deputy Circuit Court Clerk; and
WHEREAS, by amending DCC 1.16.070 (B) to include sheriff's deputies in the list of people before
whom a private person may sign an action for offenses under DCC 6.08 or DCC 8.08, deputies responding to
noise or animal complaints will be able to take immediate action in issuing a citation, now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. Amendment. That the Deschutes County Code Section 1.16.070, Code enforcement officials
-Designation by board, is amended to read as set forth in Exhibit "A," attached hereto and by this reference
incorporated herein with new language underlined and deleted language set forth in str-ikethfough.
PAGE 1 OF 2- ORDER No. 2007-028 (11/28/07)
Section 2. Emergency. 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 upon its passage.
DATED this U day of 2007.
Date of 1 s` Reading: 4 day of 2007.
Date of 2" d Reading: 2T day of Xu v?itA&A-, 2007.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke
Michael M. Daly
Tammy Baney ✓
-7 V
Effective Date: C0 day of ~{(/Li , 2007
ATTEST:
( at4; &4A-
Recording Secretary
PAGE 2 OF 2- ORDER N0.2007-028 (11/28/07)
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
EXHIBIT A
1.16.070. Code Enforcement Officials - Designation by Board.
A The Board, by order, shall designate individuals, in addition to peace officers, who are
employees or agents of the county, to enforce violations of county ordinances. Private
individuals who commence actions under subsection B of this section are not agents or
employees of the county.
B. A private person may commence an action for a noise offense under DCC 8.08, or an
animal control violation under DCC 6.08 by eeffi6,iffg- signing to- the complaint before a
magistrate, clerk, deputy clerk of the court or sheriff's deputy. This action will be entered
in the court record.
C. If an ORS 153.045 uniform violation citation form is not used then tea complaint under
DCC 1.16.070(B) shall contain a statement that the complainant shall certify, under the
penalties provided in DCC 1.16.090, that the complainant has reasonable grounds to
believe, and does believe, that the person cited committed the offense contrary to law. A
certificate conforming to DCC 1.16.090 shall be deemed equivalent to a sworn
complaint.
D. When the complaint is certified by a private person, the court shall cause the summons to
be delivered to the defendant. The court may require the County Sheriff's Office to serve
the summons as provided in ORS 153.535(1).
(Qrd.,., 2007-028 § (_,_2007LOrd. 2002-016 §9, 2002; 98-010 § 1, 1998; Ord. 87-005 § 1, 1987)
EXHIBIT A - Ordinance 2007-028