2024-146-Ordinance No. 2024-004 Recorded 6/14/2024 Recorded in Deschutes County CJ2024-146
Steve Dennison, County Clerk
Commissioners'Journal 06/14/2024 3:25:45 PM
REVIEWED ��JTES coG2�
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LEGAL COUNSEL -:
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 8.35,Weed Control, *
of the Deschutes County Code. * ORDINANCE NO.2024-004
*
WHEREAS, the Deschutes County Code (DCC) contains rules and regulations duly enacted through
ordinance by Deschutes County and the Deschutes County Board of Commissioners;•and
WHEREAS, from time-to-time the need arises to make amendments, including new enactments to the
DCC; and
WHEREAS,staff from the Clerk's Office,the Road Department,and the County Forester have identified
a need to amend DCC 8.35 to remove the Clerk as the contact for providing printed copies of DCC 8.35, upon
request to Owners or operators of machinery described in DCC 8.35; and
WHEREAS,the Board of County Commissioners of Deschutes County considered this matter at a duly
noticed Board meeting on May 29,2024,and determined that DCC 8.35 should be amended;now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 8.35 is amended to read as described in Exhibit"A,"attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
Section 2. ADOPTION. This Ordinance takes effect 90 days after second reading.
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PAGE 1 OF 2- ORDINANCE NO.2024-004
Dated this I of JJ UN. ,2024 BOARD OF COUNTY COMMISSIONERS
ESCHUTES COUNTY, OREGON
cdoLifi
PATTI ADAIR,Chair
i4e41)
ANTHONY DeBONE,Vice Chair
ATTEST:
--A- Nfr\e,ta);) Wa/ -//e-,, - (--V
Recording Secretary PHIL CHANG, Commissioner
Date of 1st Reading: (2L4 J,may .
Date of 2nd Reading: J UVAL ) ' -, g0a- .
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Patti Adair Y
Phil Chang
Anthony DeBone
Effective date: D �• 1 d , L0 3Y
PAGE 2 OF 2- ORDINANCE NO.2024-004
Exhibit A
(to Ordinance No. 2024-004)
8.35.070 Duty To Clean Machinery Before Moving;Weed Infested Residue Not To Be Moved
A. No person operating or having control of any threshing machinery,clover huller, hay baler,
seed cleaning or treating machinery or other similar machinery shall move said machinery
over any road or from one farm to another without first being thoroughly swept and cleaned.
B. All hay,straw or other crop residue infested with noxious weeds having partially or fully
formed seeds shall not be moved from the land on which such weeds have grown to other
lands not infested with any of the weeds in the field from which such crop material came.
C. No person shall operate any machinery described in subsection A of this section within the
District without first having posted in a conspicuous place on such machinery a copy of this
chapter.
D. The DepartmentCounty Clerk is authorized and directed to have printed a sufficient number
of copies of this chapter and shall deliver such copies upon request to Owners or operators
of machinery described in subsection A of this section.
HISTORY
Adopted by Ord. 2014-002§1 on 7/9/2014
Amended by Ord.2024-004§1 on 9/13/2024
8.35.080 Eradication Of Noxious Weeds When Owner Refuses
A. In addition to the other remedies allowed in this chapter, in the event that any Owner of land
fails or refuses to destroy or treat Noxious Weeds within the time period specified in the
notice provided in DCC 8.35.060(D)(3) or fails to comply with DCC 8.35.070,the Weed
Inspector may file suit seeking injunctive relief to require immediate compliance with this
chapter.
B. In addition to actions permitted in Subsection A,the Weed Inspector may go upon the land
of the Owner and destroy or treat the Noxious Weeds or control them in a manner that will
destroy all means of reproduction of such Noxious Weeds, subject to DCC 8.35.080(D).
C. The Weed Inspector may also notify the district attorney who shall at once take necessary
steps for enforcement of ORS 569.360 to 569.495.
D. The Weed Inspector may enter upon any private property to abate the violation only upon
obtaining consent of the Owner or Occupant or upon obtaining a court issued warrant or
order.
E. In the event destruction or control of the Noxious Weeds on any farm is, in the judgment of
the Weed Inspector, impracticable because the Noxious Weeds are too far advanced,or if
for any other reason the means of control available are unsatisfactory,the Weed Inspector
shall notify the Board,who shall request the State Department of Agriculture to immediately
quarantine the Noxious Weed infested farm to prevent the movement of infested crops or
livestock from the farm except under conditions prescribed in the quarantine that will
prevent the spread of Noxious Weeds.
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BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE:... .. June•12, 2024....
SUBJECT::Second reading and adoption of Ordinance No. 2024-004, amending Deschutes
County Code 8.35 regarding weed control
RECOMMENDED MOTIONS:.
1. Move approval of second reading of Ordinance No.2024-004 by title-only.
2. Move adoption of Ordinance No. 2024-004.
BACKGROUND AND POLICY IMPLICATIONS:
The Board conducted a public hearing on May 29th. Following deliberations, the Board
approved first reading of the ordinance amending DCC 8.35 regarding Weed Control.;
Upon second reading and adoption,the amendment will become effective in 90 days.
BUDGET IMPACTS:..
None •
=.
ATTENDANCE:
Legal
Clerk .::.. .: . .: