(A) The provisions of this chapter shall be enforced by the Union County Sheriff’s Department. It shall be a violation of this chapter to interfere with a Deputy or Sheriff in the performance of his or her duties.
(B) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) ADMISSIBLE EVIDENCE. The Oregon Evidence Code shall be applicable to hearings held for violations of county infractions.
(2) HEARINGS OFFICER. The Hearings Officer shall be appointed by the Union County Board of Commissioners and is also subject to removal by the Union County Board of Commissioners.
(3) JUSTICE COURT. The Union County Justice Court.
(C) Establishment and purpose.
(1) A County Hearings Section with the powers and responsibilities provided in this section, and subject to the procedures and limitations set forth below, is hereby established.
(2) The County Hearings Section has been established for the purpose of providing a convenient and practical forum for the administrative hearing and determination of civil violations of certain county ordinances, in connection with but not limited to dog control ordinance violations.
(3) The Union County Justice Court may exercise authority designated under this chapter to the Hearings Officer.
(D) Organization.
(1) The section shall consist of the Hearings Officer and supporting clerical staff and shall be under the general supervision of the Union County Board of Commissioners.
(2) Consistent with this section and other applicable law, the Board of Commissioners may establish rules for the performance of the functions assigned to the section.
(3) The compensation of the Hearings Officer shall be as established separately by the Union County Board of Commissioners and be covered by a personal services contract.
(E) Summons and complaint. The Board of Commissioners shall prescribe the form of the summons and complaint to be used for county infractions and shall establish procedures for proper administrative controls over disposition thereof. The summons and complaint shall include the number and section of the code allegedly violated, a brief description of the time, place and manner of the infraction, indication of the maximum fine assessable for a first offense under division (H) below, and notification as to where to appear in response to the summons and complaint.
(F) Answer.
(1) A person who receives a summons and complaint for an infraction shall answer such summons and complaint by (a) personally appearing to answer at the time and place specified therein, or (b) mailing or otherwise delivering to the place specified on or before the assigned appearance date, a signed copy of the summons and complaint, together with a check or money order in the amount of the scheduled fine listed therein, indicating either that the infraction is admitted or that the infraction is denied and a hearing date will be assigned by the Hearings Officer or Justice Court. The Hearings Officer or Justice Court may require a part of or the full amount of the scheduled fine to be paid before a hearing will be assigned. If the infraction is admitted, an explanation of mitigating circumstances may be attached.
(2) If the person alleged to have committed the infraction fails to answer the summons and complaint by the appearance date indicated thereon, which shall be no sooner than seven days from the date of the summons and complaint, or appear at the hearing as provided herein, a default shall be entered for the scheduled fine in division (H) below. If the Hearings Officer or Justice Court believes that an increased fine is appropriate, a hearing must be scheduled on behalf of the defendant.
(3) If the Hearings Officer or Justice Court determines that an infraction constitutes a second or subsequent offense for the defendant within the provision of division (H) below, then the Hearings Officer or Justice Court shall require upon default, admission, or a finding of guilt, that the fine be enhanced in accordance with the relevant penalty.
(G) Hearing.
(1) Every hearing to determine whether a county infraction has occurred shall be held before a Hearings Officer or Justice Court. The county must prove the infraction occurred by a preponderance of the evidence. The hearing shall be limited to admissible evidence. The Hearings Officer or Justice Court may prescribe by rule or regulation the procedures for the conduct of the hearings in conformity with applicable state statutes.
(2) The Hearings Officer or Justice Court has the authority to administer oaths and take testimony of witnesses. Upon the request of the person alleged to have committed the infraction, or upon his or her own motion, the Hearings Officer or Justice Court may issue subpoenas in accordance with the Oregon Rules of Civil Procedure, which shall apply to procedural questions not otherwise addressed by this section.
(3) The person alleged to have committed the infraction shall have the right to cross-examine witnesses who testify and shall have the right to submit evidence on his or her behalf, but cannot be compelled to do so.
(4) After due consideration of the evidence and arguments, the Hearings Officer or Justice Court shall determine whether the infraction alleged in the complaint has been established. When the infraction has not been established, an order dismissing the complaint shall be entered and any prior deposit of the scheduled fine shall be returned. When the determination is that the infraction has been established, or if an answer admitting the infraction has been received, an appropriate order shall be entered in the records. A copy of the order shall be delivered to the person named in the order personally or by mail. Any motion to reconsider the order of the Hearings Officer or Justice Court must be filed within ten days of the original order or it may not be heard.
(5) Fines collected pursuant to the provisions of this chapter shall be paid to the Infractions Section or Justice Court and credited to the County Animal Control Program, unless otherwise expressly provided.
(6) Hearings shall be conducted at locations determined by the Union County Board of Commissioners.
(7) A tape recording shall be made of the hearing unless waived by both parties, which tape shall be retained for at least 90 days following the hearing or final judgment on appeal.
(8) A hearing may be postponed at the request of any party upon written request to the Hearings Officer or Justice Court at least 72 hours prior to the date and time scheduled for the hearing.
(H) Infractions and fines. Fines for violations of this chapter shall be established by Union County and/or Animal Shelter.
(I) Review. A defendant may appeal a final adverse ruling to the Union County Circuit Court within 30 days by writ of review as provided by O.R.S. 34.010 through 34.100.
(J) Enforcement. Fines are payable upon receipt of the final order declaring a fine. Fines under this chapter are a debt owing to the county and may be collected in the same manner as any other debt as allowed by law.
(Ord. 524, passed 9-13-2010)