DOGS

§ 91.030 RELATIONSHIP TO STATE AND COUNTY LAWS.

   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and 91.250 through 91.252, pertaining to offenses against animals, shall apply in the City except where expressly superseded by this subchapter.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)

§ 91.031 DEFINITIONS.

   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

§ 91.032 OWNER/KEEPER DUTIES.

   All persons owning dogs or having them under their control shall:

   (A)   Keep the dog(s) confined on owner’s/keeper’s premises, or, upon taking such dog(s) upon the streets, sidewalks, or other such public property or buildings in the City, shall keep such dog(s) on a leash and in the control of the person then having said dog(s) in his, her, or their possession;

   (B)   Not own, board, have custody of, or provide for the accommodation of more than a total of five dogs, being a maximum of three fertile or five spayed/neutered dogs of licensable age, as provisioned in §§ 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. or any combination thereof, where such dogs are kept for household pets, rescue, or seeing-eye training, boarding, propagation, other training, sale or trade, consumption, or other purposes;

   (C)   Provide adequate relief from extreme heat and/or cold and safe shelter for such dog(s). ADEQUATE SHELTER means that which provides protection from the meteorological elements. SAFE SHELTER means that which is sound and maintained in good repair to protect dog(s) from injury, to confine them safely, and to prevent entry of other animals;

   (D)   Provide proper nutrition and hydration by feeding dog(s) at least once daily with a diet of nutritionally adequate and uncontaminated food and maintain a continuous potable water supply unless otherwise recommended by a veterinarian;

   (E)   Remove and properly dispose of excrement from primary enclosures and owner’s/keeper’s property as often as necessary to prevent contamination, reduce disease hazards, and minimize odors; and

   (F)   Provide proper and adequate care to insure dog(s) are healthy, without untreated illnesses, injuries, infestations, or communicable diseases.

(Ord. 653, passed 4-4-2018) Penalty, see § 91.999

§ 91.033 NEGLECT.

   When any law enforcement officer determines that an animal(s) owner/keeper has neglected the animals(s) health or well-being, such law enforcement officer or other authorized City official may notify the animal owner/keeper.

   (A)   The notice shall be given to the owner/keeper of the animal(s) in writing.

   (B)   The notice shall direct the owner/keeper of the animal(s) to abate the specified neglect within 24 hours if the animal(s) well-being is considered to be in immediate danger and up to three days for all other infractions of neglect.

   (C)   Failure of the owner/keeper to abate the specified neglect within the allotted time period may result with the animals(s) immediate seizure by a law enforcement or animal control officer who may confine such animal(s) in the City or other facility as deemed necessary by the law enforcement or animal control officer with regards to the most immediate needs of the animal(s). The owner/keeper is obligated to pay a fee as set by City resolution for each animal confined for each day or part day each animal is confined. This fee is to offset the cost for the feeding and care of the animal(s). The owner/keeper shall be held responsible for all veterinary/medical and additional boarding costs incurred for the duration of the confinement of the animal(s).

   (D)   Neglect is a violation of this subchapter.

(Ord. 653, passed 4-4-2018) Penalty, see §91.999

§ 91.034 DISPOSITION OF HABITUAL OFFENDERS.

   Any animal owner/keeper having been found or pled guilty to any combination of three or more convictions of this subchapter shall be considered a habitual offender and may, by order of the court, lose the right to own or keep any animal(s) while living in the City and, if so ordered, law enforcement personnel may make inquiries or inspect and remove from the premises any animal being found kept or owned by said person(s).

(Ord. 653, passed 4-4-2018)

§ 91.035 RUNNING AT LARGE.

   (A)   All persons owning dogs or having them under their control shall keep them confined on his, her, or their premises; or, upon taking such dog or dogs upon the streets, sidewalks, or other public property or buildings in the City, shall keep such dog or dogs on a leash and in the control of the person then having said dog or dogs in his, her, or their possession.

   (B)   Any dog found off the premises of its owner or off the premises of the person having control of such animal shall be subject to being picked up and confined at the County dog control facility.

(Ord. 307A, passed 3-2-1959)

COUNTY DOG CONTROL GENERAL PROVISIONS

§ 91.050 POLICY.

   (A)   The Board of Commissioners of the County recognizes that ORS Chapter 609 grants non-home rule counties the power to regulate dogs by ordinance and that on July 5,1929, the County was declared to be a dog control district by vote of the electors of the County. Pursuant to the vote of the electors and to ORS Chapter 609, the County is declared to be a dog control district.

   (B)   The Board further recognizes and finds that the regulation of dogs is a matter of County concern, and therefore, ORS Chapter 203 provides a separate and independent legal basis upon which to enact §§ 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. Pursuant to both ORS Chapter 609 and ORS Chapter 203, the Board finds it necessary to implement a program for the licensing and regulation of dogs and the facilities which house them; to protect the health, safety, and welfare of the residents and citizens of the County; to recognize the property rights of both owners and non-owners of dogs; and to provide for the control and protection of dogs located within the County.

(County Ord. 692, passed 7-12-2001)