2009-94-Ordinance No. 2009-005 Recorded 3/6/2009DESCHUTES COUNTY OFFICIAL RECORDS CJ 1QQ9.94
REVIEWED NANCY BLANKENSHIP, COUNTY CLERK
5AiL COMMISSIONERS' JOURNAL 03/06/2009 08:05:00 AM
LEGAL COUNSEL 111111111 I~IIIIIIIIIIIIII III
2009-94
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Chapter 1. 16, Code Violations and Enforcement,
to Allow Peace Officers to Issue Citations for
Violations of Deschutes County Code Chapter
6.08, Animal Control Where There are
Reasonable Grounds to Issue a Citation.
* ORDINANCE NO. 2009-005
*
*
WHEREAS, Deschutes County Code Chapter 1.16 adopted the violation procedures as set forth in ORS
153.030 to 153.145; and
WHEREAS, ORS 153.042 states an enforcement officer may only issue a violation citation if the
conduct alleged to constitute a violation takes place in the presence of the enforcement officer and the
enforcement officer has reasonable grounds to believe that the conduct constitutes a violation unless as
otherwise specifically provided by law; and
WHEREAS, there have been numerous incidents where a person has declined to sign a citation for an
animal control violation as provided for under Deschutes County Code 1. 16.070 or been unable to sign due to
incapacity and no citation has been issued even though sufficient reasonable grounds existed to issue a citation;
and
WHEREAS, there are public safety circumstances where an animal control citation should be issued
even though a person such as a neighbor or minor cannot or will not sign a citation, now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDAINS as follows:
PAGE 1 OF 2- ORDINANCE No. 2009-005 (02/11/09)
Legal/Sheriff/Animal Control/Ord 2009-005
Section 1. AMENDMENT. DCC Chapter 1.16, Code Violations and Enforcement, Section 1.16.030,
Violations procedures-Statutory provisions adopted, is amended to read as set forth in Exhibit "A", attached
hereto and by this reference incorporated herein, with new language underlined.
DATED this eday of '2009.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, O GON
TAMMY B , CHAIR
WNN1S fRLU1t,-V,-VICE-CHAIR
0a,
ALAN UNGER, COM SIONER
//0--
Date of 1st Reading: ay of 2009.
Date of 2nd Reading: 1r4'
ay of , 2009.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney
Dennis R. Luke
Alan Unger t/
Effective Date: ?d ~ day of , 2009
ATTEST:
~j~
Recording Secretary
PACE 2 OF 2- ORDINANCE No. 2009-005 (02/11/09)
Legal/Sheriff/Animal ControUOrd 2009-005
EXHIBIT "A"
1.16.030. Violation procedures-Statutory provisions adopted.
A. The violation procedures as set forth in ORS 153.030 to 153.145 and 153.990 shall
be the procedures for county ordinance violations, and are adopted hereby by
reference.
B. Peace officers may enforce the provisions of Chapter 6 08 Animal Control when
the peace officer has reasonable grounds to believe that the conduct constitutes a
violation of that chapter.
(Ord 2009-005 41, 2009; Ord. 2008-026, §1, 2008; Ord. 2003-021 §5, 2003; Ord.
2002-032 §1, 2002; 2002-016 §9, 2002; 86 076 §3, 1986)
Exhibit "A" to Ordinance 2009-005 (2/11/09)
Legal/Sheriff/Animal Control/Ord 2009-005