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A uniform dog control citation, conforming to the requirements of this section, shall be used for all dog control violations committed in the presence of the complainant and which occur within the areas of the County covered by this Dog Control Ordinance.
(County Ord. 692, passed 7-12-2001)
(A) The uniform dog control citation shall consist of three parts and any additional parts inserted for administrative use. The required parts are as follows:
(1) A complaint stating the name of the court and the name the County; a statement of the violation; the date, time, and place of the violation; and a certificate in which the enforcing officer or deputy signs and certifies, under the penalties contained in ORS 153.990, that the officer or deputy has reasonable grounds to believe, and does believe, that the person named in the complaint committed the violation specified;
(2) The County Sheriff’s record of the violation; and
(3) The summons specifying the date, time, court, and place the cited person must appear.
(B) The citation shall contain the following information or blanks in which the information shall be entered:
(1) Name of the court;
(2) Name of the person cited;
(3) Section of this Dog Control Ordinance violated;
(4) Designation of the violation with which the person is charged; the date, the time, and the place at which the violation occurred; the date on which the citation was issued; and
(5) The time and place set for the person cited to appear in court.
(C) Each of the parts may also contain any identifying and additional information necessary for the Sheriff to administer this Dog Control Ordinance, such as whether the violation is a continuing violation or whether the dog or owner is a repeat offender.
(County Ord. 692, passed 7-12-2001)
Any error in transcribing on the uniform dog control citation form, when determined by the court to be nonprejudicial to the defendant, may be corrected at the time of trial or prior to trial, with notice being given to the defendant.
(County Ord. 692, passed 7-12-2001)
Except as provided in § 91.232 above, the complaint shall be set aside by the court for failure to conform to this section, only upon the proper written motion of the defendant, before plea.
(County Ord. 692, passed 7-12-2001)
The citation shall contain a certificate by the complainant or by the Sheriff to the effect that the complainant or Sheriff has reasonable grounds to believe and does believe that the person cited committed the offense contrary to law. If the certification is made by the Sheriff or any peace officer, it need not be made before a magistrate or any other person. A private person shall certify before a magistrate, clerk, or deputy clerk of the court, and this action will be entered in the court record. A certificate conforming to this section shall be deemed equivalent to a sworn complaint.
(County Ord. 692, passed 7-12-2001)
The Sheriff or peace officer issuing the citation shall deliver the summons to the person cited and shall deliver the complaint to the court. When the complaint is certified by a private person, the court shall deliver the summons to the defendant.
(County Ord. 692, passed 7-12-2001)
(A) The defendant shall appear in court at the time mentioned in the summons if the citation is for:
(1) Owning a vicious or dangerous dog;
(2) Owning a dog not vaccinated for rabies;
(3) An offense for which an owner or keeper of a dog has been convicted at least twice during the previous 12 months if the offenses involve the dog which is subject to the present citation; or
(4) Being a habitual offender.
(B) In other cases, the defendant shall either appear in court at the time indicated in the summons, or prior to such time shall deliver the summons to the court, together with a check or money order in the amount of bail set forth in the summons, and either:
(1) A request for a hearing;
(2) A statement of explanation or mitigation of the offense charged; or
(3) The executed appearance, waiver of hearing, and plea of guilty appearing on the summons. A statement in explanation or mitigation also may be enclosed with a guilty plea.
(C) If a defendant submits a written statement to the court as provided in this section, it operates as a waiver of hearing and consent to judgment by the court. Bail shall be forfeited on the basis of such statement and any testimony or written statement of the arresting officer or other witnesses which may be presented to the court. A judgment by the court declaring a forfeiture of bail, pursuant to this section, shall be deemed a conviction of the offense charged in the citation.
(County Ord. 692, passed 7-12-2001)
(A) If the defendant fails to comply with § 91.236 or fails to appear at any time fixed by the court, the defendant may be charged with “Failure to Appear,” a Class A misdemeanor, and a warrant for arrest may be issued.
(B) If the defendant fails to appear at any time fixed by the court and has posted bail, the court may order a forfeiture of that bail. Unless a warrant has been issued the order of forfeiture shall be deemed the final disposition of the case and shall be deemed a conviction of the offense charged in the citation.
(County Ord. 692, passed 7-12-2001)
A continuing violation of this Dog Control Ordinance shall constitute a nuisance and, at the option of the Sheriff, may be abated pursuant to law. In the alternative, a continuing violation may result in an additional base fine not to exceed $1,000 per day of violation as well as the fines imposed under § 91.999.
(County Ord. 692, passed 7-12-2001)
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