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No person shall keep or possess or otherwise maintain any wild animal within the City Limits.
(Ord. 653, passed 4-4-2018) Penalty, see § 91.999
(A) Subject to ORS 609.205, EXOTIC ANIMAL as defined in ORS 609.305, no person shall keep or maintain one or more exotic, wild, or dangerous animals to include bees kept in a collection of hives or colonies.
(B) The keeping or maintenance of an exotic, wild, or dangerous animal is a public nuisance and shall be abated in conformity with the requirements of this subchapter.
(Ord. 653, passed 4-4-2018) Penalty, see § 91.999
(A) The owner or keeper of any animal shall provide adequate shelter for such animal. ADEQUATE SHELTER means that which provides protection from the meteorological elements.
(B) The officer may prohibit the housing or keeping of any animal within the City Limits when such housing or keeping may impair the public health, welfare, safety, or create a nuisance.
(C) The officer shall deliver a written notice to the owner or keeper of such animal, directing the owner or keeper to remove the animal within three days from the service of such notice.
(Ord. 653, passed 4-4-2018) Penalty, see § 91.999
(A) Livestock. No person owning, possessing, or having control of livestock shall keep the animals except in a fenced area and on a lot having an area of at least 32,670 square feet (0.75 acre). Livestock are limited as follows:
Livestock Category | Maximum Number of Livestock Allowed Per 0.75 Acre | Prohibited Livestock |
Miniature Livestock. Goats, sheep, and any fur- bearing or wool-producing animal bred and maintained, commercially or otherwise, within pens, cages, and hutches | 2 | Un-castrated males |
Standard Livestock. Horses, mules, jackasses, burros, cattle, donkeys, and swine | 1 | Un-castrated males |
(1) Livestock may not be bred.
(2) Products generated by livestock, such as eggs, wool, hides, or meat may not be sold from residential property.
(3) Livestock may not be slaughtered or butchered on residential property.
(4) Fencing used for the purpose of containing livestock, as required by this section, shall not be located within 20 feet from property boundary line and shall comply with the Development Code.
(B) Poultry. No person owning, possessing, or having control of poultry shall keep the animals except in a fenced area.
(1) No person, property owner, and/or renter, or household may keep more than six poultry of any kind.
(2) Peacocks, peahens, roosters, geese, turkeys, and any male poultry are prohibited.
(3) Fencing used for the purpose of containing poultry, as required by this section, shall not be located within ten feet from property boundary line and shall comply with the Development Code.
(C) Nonconforming Use. For livestock being kept on parcels of less than 32,670 square feet (0.75 acres) per animal, this section shall not preclude any person from continuing to keep or replace livestock which were lawfully being kept within the City Limits on or before the adoption date of the ordinance codified in this subchapter.
(D) Cessation of Use. For parcels of less than 32,670 square feet (0.75 acres), if a nonconforming use for keeping of the livestock is discontinued for a period of 90 days or more or if the property comes under different ownership, the keeping of livestock shall cease and may not be resumed.
(E) Exemptions.
(1) The City Council may, by resolution, grant exemptions to regulations pertaining to livestock and/or poultry as denoted in this section on a case-by-case basis.
(2) All exemptions granted before the enactment of this provision shall be allowed.
(Ord. 653, passed 4-4-2018) Penalty, see § 91.999
No person may permit the carcass of any animal kept, possessed, or otherwise maintained under that person’s control to remain upon any public street or other public place or upon any private property for over 24 hours.
(Ord. 653, passed 4-4-2018) Penalty, see § 91.999
Any animal, whether domestic or wild, which presents an imminent threat of serious physical injury or death to any person or other animal, or which has caused injury or death to any person or other animal, and which, under the immediate circumstances, cannot be captured or impounded as provided in this subchapter, may be summarily destroyed in as humane a manner as is practicable under the existing circumstances.
(Ord. 653, passed 4-4-2018) Penalty, see § 91.999
DOGS
ORS Chapter 609, pertaining to animal control, exotic animals, and dealers, and ORS 167.310 through 167.388, and §§ 91.050 through 91.055, 91.070, 91.071, 91.085 through 91.088, 91.100 through 91.108, 91.120 through 91.131, 91.145, 91.146, 91.160 through 91.172, 91.185 through 91.187, 91.200 through 91.202, 91.215 through 91.218, 91.230 through 91.238, and 91.250 through 91.252, pertaining to offenses against animals, shall apply in the City except where expressly superseded by this subchapter.
(Ord. 653, passed 4-4-2018)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PUBLIC NUISANCE.
(1) A dog is a PUBLIC NUISANCE if it:
(a) Bites or nips a person or a person’s clothing or effects unless the person is illegally assaulting the dog or the dog’s owner/keeper, or if the person provokes the dog by trespassing on the owner’s/keeper’s premises;
(b) Chases vehicles, persons, or other animals of any kind on property that does not belong to the owner/keeper of the dog;
(c) Causes damage or destroys property that does not belong to the owner/keeper of the dog;
(d) Turns over garbage cans, tears open garbage bags, and/or scatters garbage;
(e) Trespasses on private property of persons other than the owner/keeper of the dog;
(f) Disturbs a resident or business by excessive barking, howling, whining, or noise. A dog shall not be considered a PUBLIC NUISANCE under this subchapter if it barks at a person or animal trespassing on the property of the owner/keeper; and/or
(g) Impedes or disrupts the flow of traffic on a public or private roadway or access way or causes conditions thereupon or in any way becomes a traffic hazard for any length of time.
(2) No person, owner, or keeper shall allow a dog to become a PUBLIC NUISANCE.
RUNNING AT LARGE.
(1) A dog is considered to be RUNNING AT LARGE when it is not on the premises of the owner or keeper, and is not restrained by a rope, line, leash, chain, or other similar means.
(2) A dog is considered RUNNING AT LARGE if it is free upon a road, street, highway, sidewalk, shared access way, common area, parking area, parking lot, or other area open to physical access by the public.
(3) No person, owner, or keeper shall allow a dog to RUN AT LARGE.
(4) An officer may capture and detain any dog running at large and confine such dog(s) in the County dog control facility until such time as the owner/keeper can be identified. The dog(s) may be released to such owner/keeper provided the owner/keeper provides proof of current County licenses for the dog(s). The owner/keeper is obligated to pay a fee as set by City resolution for each dog confined in the City kennel, for each day or part day each dog is confined. This fee is to offset the cost for the feeding and care of the dog. If an owner/keeper cannot be identified, the dog(s) shall be turned over to the County dog control. When a dog is placed with County dog control, the owner or keeper is responsible for any fees charged by them.
VICIOUS OR DANGEROUS DOG.
(1) Any dog:
(a) Which bites a human being, livestock, or domestic animal;
(b) Which puts a human or domestic animal in apprehension of imminent harm or risk, or exposes them to possible injury or harm, regardless of whether it was done in a playful or hostile manner;
(c) Which has inflicted previous injury to a human without provocation, or injured or killed an animal while off the property of the owner/keeper;
(d) Owned or harbored primarily or in part for the purpose of dog fighting or training for dog fighting has caused injury, serious injury, or possible death to a human or animal without provocation;
(e) Having a demeanor, fault, flaw, or defect that causes it to act in an unreasonable aggressive manner; or
(f) That has been found to have bitten any living thing two or more times in a two year period, which caused physical injury to person(s) or animal(s), and said bites have been documented with appropriate authorities, then a refutable presumption exists that the dog is dangerous and may not be kept.
(2) No person, owner, or keeper shall keep a VICIOUS OR DANGEROUS DOG.
(Ord. 653, passed 4-4-2018) Penalty, see § 91.999
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