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2025-353-Ordinance No. 2025-019 Recorded 11/3/2025REVIEWED LEGA nOUS13L Recorded in Deschutes County C J2025-353 Steve Dennison, County Clerk 11/03/2025 8:27:34 AM Commissioners' Journal <<��$�����--� IIIIlIIIIINIIIlIIIlIIIIIIIIlI ' 2025-353 IFor Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 2.50, Board of Supervisors, of the Deschutes County Code. * ORDINANCE NO. 2025-019 * 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 Legal Department have identified a need to amend DCC 2.50 to clarify processes; and WHEREAS, the Board of County Commissioners of Deschutes County considered this matter at a duly noticed Board hearing on October 22, 2025, and determined that DCC 2.50 should be amended; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section_ 1. AMENDMENT. DCC 2.50 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 stFikedir0tigh. Section 2. EMERGENCY. This Ordinance being necessary for the preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on October 22, 2025. �fl PAGE 1 OF 2 - ORDINANCE NO.2025-019 Dated tltis�,Lnk of Q,� r , 2025 ATTEST: t-Record' Sec t Date of 1 st Reading: 22"' day of October, 2025. Date of 2nd Reading: 22"4 day of October, 2025. Commissioner Patti Adair Phil Chang Anthony DeBone Effective date: 22" ' day of October, 2025. PAGE 2 OF 2 - ORDINANCE NO.2025-019 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DeBONE, Chair PA LtZ I , ice Chai PHIL CHANG, Commissioner Yes No Record of Adoption Vote Abstained Excused EXHIBIT A (TO Ordinance 2025-019) 2,50.010 Board Name 2.50.020 Board Membership 2.50.025 Lack Of Quorum Due To Vacancy 2.50.030 Compensation; Expense Reimbursement 2.50.040 Meetings, Attendance And Quorum 2.50.050 Powers And Duties 2.50.060 Conflicts Of Interest 2.50.070 Appeal 2.50.080 Remand 2.50.010 Board Name The name of the board shall be the Deschutes County Board of Supervisors, hereinafter in this chapter called "the board.;' or"the Dog Board:' HISTORY Adopted by Ord. 95-013 §1 on 3/29/1995 mmended by Ord. 2v2a-v 19 § 1 on. 1 v/ 2-, -v25 2.50.020 Board Membership A. The membership of the board shall consist of no less than three and no more than five residents of the County. At least two members shall be directly or indirectly connected with the livestock industry. B. Members shall be appointed by the Board of Commissioners for a term of two years, except that each membership may be terminated by a majority vote of the Board of Commissioners. C. Appointments shall be made on a staggered basis, with each beginning on July 1 of the year of appointment, incumbents to serve until regularly replaced. D. At the expiration of the term of any member, the Board of Commissioners shall appoint a new member or may reappoint a memberfor a term of two years. If a vacancy occurs, the appointing body shall appoint a new member for the unexpired term. E. The Board of Commissioners may appoint one or more alternate board members who are residents of the County. Alternate board members shall be appointed for terms of two years beginning on July 1 of the year of appointment. If more than one alternate board member is appointed, the appointments shall be on a staggered basis. Any alternative board member's membership may be terminated by a majority vote of the Board of Commissioners. F. When an alternate board member is sitting on the board for the purpose of conducting board business, the alternate board member shalt be deemed to be a board member, and shall have all the rights, duties and obligations of a board member appointed pursuant to DCC 2.50.020. HISTORY Adopted by Ord. 95-013 § 1 on 3/29/1995 Amended by Ord. 99-005 §1 on 1/27/1999 Amended by Ord. 2025-019 §1 on 10/22/2025 2.50.025 Lack Of Quorum Due To Vacancy If the board ceases for any reason to have a quorum of three members due to vacancy or unavailability, the Board of County Commissioners shall designate an interim member in order to establish yet as ile tfyar-du"ttf a quorum . H I STORY Adopted by Ord. 97-011 §3 on 3/19/1997 Amended by Ord. 2025-019 §1 on 10/22/2025 2.50.00 Compensation, Expense Reimbursement No board member shall receive compensation, but shall be reimbursed for authorized expenses. HISTORY Adopted by Ord. 95-013 §1 on 3/29/1995 2.50.040 Meetings, Attendance And Quorum A. The board shall convene a hearing promptly: 1. Upon nobee written request of any livestock owner claiming that an identified d.og{s), presently secured at impound, has engaged in killing, wounding, or chasing livestock, and provided that the Sheriff's Office is supportive of proceeding with a hearingo trdamage elai f°ited ttmder-l] O 6.42.070; 01 2.:}; to determine whether a dog has been engagedttfi fite. Upon referral from the Sheriff or the District Attorney as further described in DCC 2.50.050 C. B. Involved dog owners, -aed livestock owners, and other identified persons shall be given reasonable notice of hearings. C. Members absent three consecutive hearings maybe asked to resign, enabling the Board of County Commissioners to appoint a replacement. D. Three members A majoWyt of the beard shall constitute a quorum. When necessary fora quorum, lfi-itajerrit'y--Of the boards ttmevaiiabte to -meet, any or all alternative board members or interim members may sit on the board to provide a board of three or more board members. A board of three board members, including one or more alternative board members and/or interim board members, shall also constitute a quorum. HISTORY Adopted by Ord. 95-013 §1 on 3/29/1995 Amended by Ord. 99-005 §2 on 112711999 Amended by Ord. 2025-019 §1 on 10/22/2025 2.50.050 Powers And Duties As provided in ORS 609.030M, the Board of County Commissioners vests in the board the following responsibilities: A. To conduct hearings to determine whether an impounded dog has been engaged in killing, wounding, injuring or chasing livestock in accordance with applicable sections of DCC 6.12 and/or ORS 609-ff50-0W. B.-To conduct damage claims hearings in accordance with DCC 6.12.080. C. To conduct hearings, upon referral from the Sheriff's Office or the District Attorney's Office, to determine whether an impounded dog has engaged in conduct constituting nuisance, menacing, potentially dangerous dog, or dangerous dog as provided in DCC 6.08 and/or ORS 609, and thereafter to order proper disposition. B-.D.. Determinations made by the Dog Board shall be supported by reliable, probative and substantial evidence, and may be appealed as provided for in ORS 609.090 or ORS 609.165. K HISTORY Adopted by Ord. 95-013 §1 on 3/29/1995 Amended by Ord. 2025-019 §1 on 10/22/2025 2.50.060 Conflicts Of Interest A member of the board shall not participate in any board proceeding or action in which any of the fallowing have a direct, substantial financial interest: the member or his spouse, brother, sister, child, parent, father-in-law, mother-in-law, or any business with which he is negotiating for or has an arrangement or understanding concerning prospective investment or employment. Any actual or potential interest shall be disclosed at the meeting of the board where the matter is being considered. HISTORY Adopted by Ord. 95-013 §1 on 3/29/1995 2.50.070 Appeal The decision of the board shall be the final decision of the County, except in the case of remand after appeal or review by a court, or as otherwise provided by law. H iSTORY Adopted by Ord. 95-013 §1 on 3/29/1995 Amended by Ord. 97-011 §3 on 311911997 Amended by Ord. 2025-019 §1 on 10/22/2025 2.50.080 Remand If a decision of the board is remanded after appeal or review by a court, the Board of County Commissioners shall conduct a new hearing under the law in effect at the time of the new hearing. For the new hearing under DCC 2.50.080, the term "board" shall mean Board of County Commissioners. HISTORY Adopted by Ord. 9 7- 011 §3 on 311911997 0 MEETING DATE: October 22, 2025 SUBJECT: Public Hearing consider amendments to Deschutes County Code section 2.50, and possible action on Ordinance No. 2025-019 RECOMMENDED MOTIONS: Following the public hearing, 1. Move approval of first and second reading of Ordinance 2025-019 by title only; and 2. Move emergency adoption of Ordinance 2025-019 to take effect immediately. BACKGROUND AND POLICY IMPLICATIONS: StStal L • J t f'r d need +n nmonr! fl(( 2 5fJ to better clarify the pr�racc fnr initiation of al I I Ias Iuen i �C a heed w ui � inntj D—Cnrr dog board hearings, and also to make clear the quorum requirements/process. A work session was held on October 6I". BUDGET IMPACTS: None ATTENDANCE: County Legal