72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1140
 
                         House Bill 2032
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Alan Brown
  for Lincoln County Government)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Authorizes person other than enforcement officer to commence
violation proceeding for violation of state dog control laws or
county dog control ordinances.
 
                        A BILL FOR AN ACT
Relating to dog control; amending ORS 153.058.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 153.058 is amended to read:
  153.058. (1) A person other than an enforcement officer may
commence a violation proceeding by filing a complaint with a
court that has jurisdiction over the alleged violation. The
filing of the complaint is subject to ORS 153.048. The complaint
shall be entered by the court in the court record.
  (2) A complaint under this section must contain:
  (a) The name of the court, the name and address of the person
bringing the action and the name and address of the defendant.
  (b) A statement or designation of the violation that can be
readily understood by a person making a reasonable effort to do
so and the date, time and place at which the violation is alleged
to have occurred.
  (c) A certificate signed by the complainant stating that the
complainant believes that the named defendant committed the
violation specifically identified in the complaint and that the
complainant has reasonable grounds for that belief. A certificate
conforming to this section shall be deemed equivalent of a sworn
complaint. Complaints filed under this section are subject to the
penalties provided in ORS 153.990.
  (3) Upon the filing of a complaint under this section, the
court shall cause a summons to be delivered to the defendant and
shall deliver a copy of the complaint to the district attorney
for the county in which the complaint is filed. The court may
require any enforcement officer to serve the summons.
  (4) If the complaint does not conform to the requirements of
this section, the court shall set it aside upon motion of the
defendant made before the entry of a plea. A pretrial ruling on a
motion to set aside may be appealed by the state.
  (5) A court may, acting in its sole discretion, amend a
complaint filed under the provisions of this section.
 
  (6) A court shall dismiss a complaint filed under this section
upon the motion of the district attorney for the county or of the
city attorney for a city if:
  (a) The district attorney or city attorney has brought a
proceeding against the defendant named in the complaint or
intends to bring a proceeding against the defendant named in the
complaint; and
  (b) The proceeding is brought by the district attorney or city
attorney by reason of the same conduct alleged in the complaint.
  (7) Any political subdivision of this state may require by
ordinance that violation proceedings for the purpose of enforcing
the charter or ordinances of the political subdivision may not be
commenced in the manner provided by this section and that those
proceedings may be commenced only by enforcement officers.
  (8) A person other than an enforcement officer may commence a
violation proceeding under this section only for:
  (a) Boating violations under ORS chapter 830, or any violation
of rules adopted pursuant to ORS chapter 830 if the violation
constitutes an offense;
  (b) Traffic violations under ORS chapters 801 to 826, or any
violation of rules adopted pursuant to those chapters if the
violation constitutes an offense;
  (c) Violations under the wildlife laws, as described in ORS
496.002, or any violation of rules adopted pursuant to those laws
if the violation constitutes an offense;
  (d) Violations under the commercial fishing laws, as described
in ORS 506.001, or any violation of rules adopted pursuant to
those laws if the violation constitutes an offense;
  { - or - }
  (e) Violations of ORS 618.121 to 618.161, and violation of
rules adopted pursuant to those laws if the violation constitutes
an offense  { - . - }  { + ; or
  (f) Violations of the dog control laws under ORS 609.040 to
609.110 or 609.135 to 609.190 or, except as may be provided
otherwise by county law, violations of county dog control
ordinances adopted as authorized under ORS 609.015 or
609.135. + }
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