Ordinance No. 83-25 CITY OF TIGARD, OREGON
ORDINANCE NO. 83
AN ORDINANCE AMENDING CHAPTER 8.44 RELATING TO ENFORCEMENT OF DOG CONTROL
ORDINANCES AND PROVIDING FOR CITATION TO WASHINGTON COUNTY COURTS AND
MUNICIPAL COURT.
WHEREAS, Washington County citation forms have changes since Tigard
Municipal Code Chapter 8.44 was enacted; and
WHEREAS, the Tigard Police would like to be able to cite violation to
Municipal Court on appropriate forms; and
WHEREAS, additions to Chapter 8.44 below are underlined and language to be
omitted in brackets.
NOW, THEREFORE, the City of Tigard ordains as follows:
Section 1. Chapter 8.44, Tigard Municipal Code, relating to enforcement
of Dog Control, as amended, shall be adopted as in EXHIBIT" All.
PASSED: By the City Council, by b.hf pj,,n,,,tS vote of all City Council
members dpresent, after being read by number and title only,
day ofa,, 1983.
this `
ii
ix
Recorder - City of T
r d
APPROVED: By the Mayor t1►is y[S 'icy of 1983.
zrMayor - City of Tigard
(0458A)
aj
to
ORDINANCE N0. 83-2,1—
EXHIBIT "A"
Chapter 8.44
ENFORCEMENT
Sections:
8.44.005 General Provisions.
8.44.010 [Uniform dog control citation] Washington County Uniform
Citation and Complaint or citation to appear in court--Form
and content.
8.44.020 Citation--Insurance.
8.44.030 Citation--Service.
8.44.040 Summons--Minimum requirements.
8.44.050 Appearance by defendant.
8.44.060 Effect of statement and explanation in mitigation.
8.44.070 Hearing--Failure to appear.
8.44.080 Failure to appear--Fine.
8.44.090 'fearing is discretionary with court.
8.44.100 Warrant for arrest. '
B'
8.44.005 General Provisions
55 The City of Tigard has adopted the Washington County Dog Control
Ordinance as a City of Tigard ordinance, as is set out in the provisions of i
this title. The City has also contracted with rt,a Washington Co,inty Dog
Control Division of the Department. of Finance and Administration for the
service of Washington County dog control officers.
(b) Washington County dog control officers shall have the authority to
administer and enforce previsions of the Tigard Dog Control Ordinance within
the corporate limits of the City of Tigard. Peace officers and private
citizens shall also have authority for the enforcement of such ordinance, as
is hereinafter set forth.
(c) In addition to the authority and jurisdiction granted to the district
and justice courts of Washington County to .enforce the provisions of the
Tigard Dog Control Ordinance, the municipal court of the City of Tigard shall
also have jurisdiction to enforce the provisions of such an ordinance.
8.44.010 Washington County Uniform Citation and Complaint or citation to
aggear in court--Form and content.
a A [uniform dog control citation] Washington County Uniform Citation
and Complaint or citation to appear in court conforming to the
requirements of this section shall be used for all dog control ordinance
violations committed in the presence of the complainant and which occur
within the corporate boundaries of the City of Tigard, Oregon.
(1) Any person may serve a Washington County Uniform Citation
and Complaint for appearance in the Washington Cout.ty District or Justice
courts regarding all dog control ordinance violations committed in the
presence of the complainant.
-(2) Any person may serve a citation to appear in the Tigard
Municipal Court for all dog control ordinance violations committed in the
presence of the complainant.
b -The [uniform dog control citation] Washington County Uniform Citation
and Complaint shall consist of at least four parts. Additional parts may
be inserted for administrative use. The required parts are:
t
Complaint;
County counsel's record of violation;
[Dog control department's] [r] Record of violation
for the Washington County Department;
Summons.
[(c)] (1) Each of the parts shall contain the following information
or blanks in which such information shall be entered:
[(1)j (A) Name of the court and the court's docket file
number;
[(2)j (B) Name of the person cited;
[(3)) (C) Section of the dog control ordinance violated;
[(4)] (7 Brief description of the violation of which the
person is charged in such a manner as can be readily understood by a person
making a reasonable effort to do so, the date, time and place at which the
violation occurred, the date on which the cita%ion was issued, and the name of
the complainant;
[(5)] (E) The time and place where the person cited is to
appear in court;
[(b)] (F) The bail, if any, fixed for the violation;
[(7)] 7 The designation of the method of service and
certification that such service has been made. [When such service is by
certified mail, return receipt requested, as described at Section 8.44.030(c),
such shall be stated on the complaint and the required certification of
service may be made upon receipt of the return receipt and after the filing of
the comp!ai-- ]
[(d)) (2) Each of the parts shall also contain such identifying and
additional information as may be necessary or appropriate for the dog control
division to administer the dog control ordinance of the City of Tigard.
[(e)] (3) The complaint shall contain a form of certificate by the
complainant -o the effect that he certifies, under penalties prescribed at
' Section 8.48.050 of this title, that he has reasonable grounds to believe, and
does believe, that the person cited committed the violation contrary to the
[Washington County] dog control ordinance made and provided by Washington
County, Oregon[.) or the City of Tigard. The certification, if made by [a dog
control] an officer, need not be made before a magistrate or any other
person. A private person shall certify before a [district court] judge, clerk
or deputy clerk of the [district court of Washington County] appropriate
court, and this action will be entered in the court record. The reverse side
of the complaint shall contain the court record and contain the substance of
the matters appearing on the reverse side of all uniform complaints used in
the [d]District [c]Court of Oregon in Washington County or as otherwise
directed by the [district] appropriate_ court. A certificate conforming to
this section shall be deemed equivalent to a sworn complaint.
[(f)] (4) The summons shall also contain a notice to the person
that the complaint will be filed with the [District Court of the State of
Oregon for the county of Washingtuu.j appropriate court. The reverse side of
the summons shall contain a form substantially as follows:
v-3
"READ CAREFULLY
"You [must appear in court at the time mentioned in this citation if you
are charged with any of the following violations:
1. Interfering with, hindering, molesting or verbally abusing a dog
control officer in the exercise if his duties.
2. Owning a dangerous dog.
3. Owning a vicious dog.
4. Owning a dog affected with a contagious disease that runs at large or
is exposed in a public place whereby the health of man or beast may be
affected.
5. Owning a dog not vaccinated for rabies within the past three years
which has been alleged to have bitten a person and which has not been properly
and adequately quarantined.
6. Committing acts of cruelty to animals.
"If you are charged with any OTHER violation, you MUST do ONE of the
following:
1. Appear in Cou_v at the time mentioned in this summons and request a
hearing. The Court will then set a time for a hearing.
2. Mail to the Court this summons, together with a check or money order
in the amount of the bail indicated on the other side of this summons and tell
the Court you request a hearing. THIS SUMMONS AND THE BATT, MUST REACH THE
COURT BEFORE THE TIME WHEN THIS SUMMONS REQUIRES YOU TO APPEAR IN COURT. If
you don't want a hearing, but with to explain you side, send your explanation
with the summons and bail. The Court will then consider your explanation and
what the officer tells the Court.
3. Sign the plea of guility below and send this summon.. to the Court,
together with check or money order in the amount of bail indicated on the
other side of this summons. THIS SUMMONS AND THE BAIL MUST REACH THE COURT
BEFORE THE TIME WHEN THIS SUMMONS REQUIRES YOU TO APPEAR IN COURT.
"NOTE: If your have already given bail or other security for your
appearance, proceed as mentioned above but do not send in any additional sum
as bail..]
Have been charged with a violation of the
Ordinance of Washington. County. You MUST do ONE of the following:
1. Appear in Court at the time mentioned in this summons and request a
hearing. The Court will then set a time for a hearing.
2. Mail to the Court this summons, together with a check or money order in
the amount of the bail indicated on the other side of this summons and tell
the Court you request a hearing. THIS SUMMONS AND BAIL MUST REACH THE COURT
BEFORE THE TIME WHEN THIS SUMMONS REQUIRES YOU TO APPEAR IN COURT. If you
don't want a hearing, but wish to explain your side, send your explanation
with the summons and bail. The Court will then consider your explanation and
may forfeit your bail or part of it, on the basis of your explanation and what
the officer tells the Court.
r 3 Sign the plea of guilty below and send this summons to the Court, together
with the check or money order in the amount of bail indicated on the other
side of this summons. THIS SUMMONS AND THE BAIL MUST REACH THE COURT BEFORE
THE TIME WHEN THIS SUMMONS REQUIRES YOU TO APPEAR IN COURT. NOTE: If you
have already given bail or other security for your appearance, proceed as
mentioned above but do not send in any additional sum as bail.
"APPEARANCE, PLEA OF GUILTY AND WAIVER
"I, the undersigned, do hereby enter my appearance on the complaint of the
violation charged on the other side of this summons. I have been informed of
my right to a trial, that my signature to this plea of guilty will have the
same force and effect as a judgment of court. I do hereby PLEAD GUILTY to
said violation as charged, WAIVE my right to a HEARING by the Court, and agree
to pay the penalty prescribed for my violation.
(Defendant's Name) (Defendant's Address)
[
(Defendant's Address)
["MAIL YOUR REMITTANCE TO:
Washington County District Court
( Courthouse
Hillsboro, Oregon 971231
�s
K
'5
MAIL YOUR REMITTANCE TO THE COURT WHERE YOU WERE CITED TO APPEAR.
"NOTICE
"IF YOU FAIL TO COMPLY WITH THESE INSTRUCTIONS THE COURT IS AUTHORIZED TO
ISSUE A WARRANT FOR YOUR ARREST.
"IF YOU FAIL TO DO ONE OF THE THREE FOREGOING PROCEDURES, OR FAIL TO
APPEAR FOR TRAIL AT THE TIME SET BY THE COURT YOU MAY BE CHARGED WITH THE j
ADDITIONAL AND SEPARATE VIOLATION OF FAILURE TO MAKE THE REQUIRED APPEARANCE.
"THE COURT MAY IN ANY CASE, AFTER NOTICE, REQUIRE YOU TO APPEAR FOR A
HEARING."
[(g)] (5) Any error in transcribing information into the blanks
provided in the citation form, when determined by the court to be
nonprejudicial to the defendant's defense, may be corrected at the time of
trial or prior to time of trial with notice being given to the defendant.
[(h)] (6) Except as provided in subsection [(g)] (b)(5) of this
section, the complaint shall be set aside by the court only upon the motion of
the defendant before plea if it does not conform to the requirements of this
chapter. [Ord. 75-4, §15(A), 1975.1
f_,t Citati^^ rn Annear in Court.
(1) In lieu of the Washington County Uniform Citation and i
Complaint, any person may utilize the citation in lieu of custody provisions
of ORS 133.045 to 133.110 for dog control ordinance violations, except that
( all citations issued under this subsection shall be answerable in the Tigard
Municipal Court. 6
(2) Service and Contents.
A) If a citation is issued as described in ORS C
133 055, the peace officer shall serve one copy to the person arrested and
shall, as soon as practicable, file a duplicate copy with the clerk of the
Tigard Municipal Court along with proof of service.
(B) Each copy of the citation issued under authority
of ORS 133.045 to 133.080 and 133.110 shall contain: E
(i) The name of the court at which the cited
Person is to appear.
(ii) The name of the person cited.
(iii) A brief description of the offense of i
which the person is charged, the date, the time and place at which the offense
occurred, the date on which the citation was issued, and the name of the peace
officer who issued the citation. i
(iv) The time, date and place at which the i
S
Person cited is to appear in court. i
8.44.020 Citation—Issuance
(a)(a) A dog control officer or peace officer may issue a [dog control
citation] Washington County Uniform Citation and Complaint or citation to
appear in court under the following circumstances:
(1) To an owner of a dog for a violation of this title f,
committed in ,[his presence] the presence of the officer and when committed at
achy location within the corporate boundaries of the City of Tigard, Oregon;
(2) To an owner of adog [at a place outside the
unincorporated areas of Washington County, Oregon] if;
(A) The violation was committed in [his presence]
nc
the resence of the officer (at aorate boundaries ofation within the itherpCity eofa Tigardr
the offense occurrecorporate itd whin the P
Oregon, and (B) the [dog control] officer immediately proceeds
to ascertain the person who committed or allowed the iolatiocitesto oc ur,, and person
(( ) The [dog control] an of
1
immediately upon ascertaining the person's identity; provided , however,beused to
the alternative means of service provided at Section 8.44.030 may
perfect service. control ordinance
(b) A private person may commence an action for a dog
the same
violation as providedo (
in Section
of 4this section. Therconditions
commencement of all
provided in subs
actions by private pers--s for violation of this title committed in their
nLl
presence shall be upon the [uniformdog form f conrcitat on to a pearWashingtonol citation] u
court and
Uniform Citation and Complaint f orment of the county counsel of
shall be at the discretion and in the jud g
Washington County, Oregon, or the cit attorney of the Cit of Tigard, and
conform to the procedures for certification respectively. required
Sections 8.44.010 and 8.44.030 of aL
this chapter,, [(Ord
nZin
I Citation--Service. If a citation is commenced as described ase
8.44-03v rine control officer, p
subsection (a) or (b) of Section 8.'+4•^v20> a oifice
officer, [humane society officer or the county counselshsallfserve the esummons
res ectively,
of coup counsel or city attorne , P
portion of such citation in one of the followin manners:
summons portion of the
(1) [To] (p] Personally [serve]
at his
citation on the 'defendant. If e madeendant to a member tofehisufamilysoverlfourteen
usual abode, then service may b
years of age who resides at that abode.
by
[(2) If the defendant is unknown or unavailable
f the citation, the
the citing officer, then the summons Portionoease
citing officer, may be personally served upon the defendant
b an control
officer authorized to
serve such citations, or by officer or dog control personnel employed at the small animal shelter.]
annot
((3)] (2) If, after reasonable and due diligence, the defendantoscsectione
serve's in the manner prescribed in .said citation may be2)made by registered
service of the summons portion oI said Y
d mail, 'return receipt requested, mailed to such person at
[mail] or certified prepaid aid thereon. For the purpose of this
his last known address with posta g p P
ourt
title, service by mail shall be aid defendanteemed s or a member upon lof his family cover
the return receipt endorsed byas
the age of fourteen, who resides at the defendant's abode. As searance
reasonably possible, provided, however, in or event later than the app
date, the (dog control] citin officer shall file the complaint portion of the
citation with the clerk of the [district] appro�iate court. [and]proof] of
service is not made at the time of commencement past been�made.
int(,(Ord. 75-4
service shall be filed immediately, after services
S15(C), 1975)•]
f_
8.44.040 Summons--Minimum requirements. A summons for a dog control
ordinance violation is sufficient if it contains the following:
(1) The name of the court, name of the person cited, date on which the
citation was issued, name of the complainant, and the time and place in which
the person cited is to appear in court;
(2) A brief description or designation of the offense in such a manner
that can be readily understood by a person making a reasonable effort to do so
and the date, time and place in which the violation is alleged to have
occurred;
(3) The complaint shall contain a form or certificate by the complainant
to the effect that he certifies, under the same penalties as prescribed in
Section 8.48.050, that he has reasonable grounds to believe, and does believe,
that the Verson committed the violation contrary to the City of Tigard dog
control ordinance. the certification, if made by [the dog control] an
officer, need not be made before a magistrate or any other person. A r;,ivate
party shall certify before a [Washington County district court] judge or clerk
or deputy clerk of the [district] appropriate court of Washington County or
the City of Tigard and this action shall be entered into the court record.
[(Ord. 75-4 §150), 1975).]
8.44.050 Appearance by defendant.
(a) The defendant shall appear in court at the time mentioned in the
summons if charged with any of the following violations:
(1) interferi:
.s w1tn, . in. molesting or verbally
abusing a dog control officer in the exercise of [his] the officer's duties;
(2) Owning a dangerous dog;
(3) Owning a vicious dog;
(4) Owning a dog, affected with a contagious disease, that
runs at large is exposed in a public place whereby the health of man or
k (5) Owningdo
a g not vaccinated for rabies within the past
three years which has been alleged to have bitten a person and which has not
been properly or adequately quarantined;
r (6) Committing acts of cruelty to animals.
(b) If the defendant is charged with any other violation, he shall either
appear in court at the time indicated in the summons, or prior to such time
shall deliver to the court the summons, together with check or money order in
the amount of the bail set forth on the summons together with:
(1) A request for a hearing;; or
(2) A statement of matters and explanation of mitigation of
the offense charged; or
(3) The executed appearance, waiver of hearing and plea of
guilty appearing on the summons. [(Ord.75-4 Section 15 (F), 1975).]
8.44.060 Effect of statement and explanation in mitigation.
If a defendant has submitted to the court a written statement as provided in
subsections (b)(2) or (3) of Section 8.44.050, it constitutes a waiver of
hearing and consent to judgment by the court declaring a forfeiture of all or
any part of the bail as determined by the court on the basis of such statement
and any testimony or written statement of arresting dog control -officer or
peace officer or other witness may be presented to the court. [(Ord. 75=4
» Section 15 (G 1975).]
8 re to appear.070 Hearing--Failu
(a) If the defendant requests a hearing, or pursuant to sthe c (shall
Section 8.44.090, the court directs that a hearing be held, court
tice is waived, shall at least
fix a date and time for hearing and, unless no
five days in advance of the hearing mail to defendant a notice of the date and
set a warning
to
time so fixed. The notice defendhall
ant may thbe charged wi1th aat o separate e and
appear for the hearing the
additional offense of failure to appear in court pursuant to a court order, or
a citation or summons, or at time set for trial of the case.
(b) Notice to the defendant required pursuant to subsection (a) of this
f a court "notice to appear" and be placed
section shall be made in the form o
in the United States mail addressed to the defendant at his last known address
with postage prepaid thereon. appearance as set forth in
(c) Failure of the defendant to make aPP ear for
subsection (a) of this section will constitute a failure to app
dant fails to appear when notified by the court to
hearing. if the def en
appear pursuant to subsection (b) of this section,apeareinay be court charged
l
failing tooappear a
separate and additional offense of
ons or at time set for trial of the case.
court order, or a citation or summ
[(Ord. 75-4 Section 15 (H), 1975).] :
k
8.44.080 Failure to appear--Fine.
Upon a finding by the court that defendant did not make appearance as required
pursuant to subsection (a) of Section 8.44.070 without due and good cause, the
defendant shall be guilty of failure to appear. The fine for conviction of
s of the
failure to appear shall be in addition
and he fine not e and court
ou tthan ttw twice the
violation for which he failed to app
amount of bail for such violation nor more than one thousand dollars. [(Ord.
75-4 Section 15(I), 1975).]
8 44 090 Hearing is discretionary with court.
(a) For any dog control ordinance for which a [uniform dog -control
citation] Washin ton Count Uniform Citation and Complaint or citation to
appear in court has been issued, the court may direct that a hearing bedirect
Otherwise, the court may enter the appropriate judgment, impose a fine,
bail deposited by the defendant, and return
that the fine be paid out of the
any amount by which the bail exceeds the fine.
(b) No fine may be imposed in excess of the amount of bag 5)p jsited by
f defendant unless a hearing is held. [(Ord. 75-4 Section 150),
8.44.100 Warrant for arrest.
a) If a person cited fails to comply with the provisions of Section
8.44.050, or if he fails to appear at any time fixed by the court, a warrant
for his arrest may be issued by a judge of the [Washington County District]
appropriate court. A warrant issued by the district court may be served F ,
without further endorsement in any cout ursuanthiseto this chapter after a
issued i
(b) No warrant of arrest may be p
period of sixty days of the date of the entry of an order declaringunless a
forfeiture of bail or other security given by the arrested person,
warrant has been issued before the expiration of that period. The order of
forfeiture shall be deemed the final disposition of the case. [(Ord. 75-4
:gym:. §15M, 1975).]