HomeMy WebLinkAboutOrdinance 005 - Code Violations�►�TEs A
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of February 11, 2009
DATE: February 3, 2009
FROM: Sue Brewster, DCSO Phone: 385 -1714
TITLE OF AGENDA ITEM:
Consideration of First Reading, by title only, of Ordinance No. 2009 -005, Amending County Code,
Chapter 1.16, Violation Procedures — Statutory Provisions Adopted. This amendment will allow Peace
Officers to issue citations for violations of Deschutes County Code Chapter 6.08.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
ORS 153.042 states an enforcement officer may only issue a 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,
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. There
are public safety circumstances where an animal control citation should be issued, even though a person si ch
as a neighbor or minor cannot or will not sign a citation.
FISCAL IMPLICATIONS: None
RECOMMENDATION & ACTION REQUESTED:
Conduct first reading of the Ordinance, with the second reading and adoption to be conducted on
February 25.
ATTENDANCE: Capt. Edwards, Sheriffs Office; Lt. Decker, Sheriffs Office
DISTRIBUTION OF DOCUMENTS:
Return signed originals to Sue Brewster, Legal Counsel at the Sheriffs Office, for distribution.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
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 ihe
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 day of , 2009.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
DENNIS R. LUKE, VICE -CHAIR
ALAN UNGER, COMMISSIONER
Date of 1St Reading: day of , 2009.
Date of rd Reading: day of , 2009.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney
Dennis R. Luke
Alan Unger
Effective Date: day of , 2009
ATTEST:
Recording Secretary
PAGE 2 OF 2- ORDINANCE No. 2009 -005 (02/11/09)
Legal/Sheriff/Animal Control/Ord 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 §1, 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