Loading...
(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
(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)
This chapter is enacted to provide a comprehensive procedure and program for the implementation of the above described policy; to set forth all requirements for licensing, regulation, care, and treatment of dogs; and to describe related activities that shall be prohibited in the County. These regulations are intended to supercede ORS Chapter 609 except as specifically provided in these regulations, or in instances in which these regulations do not provide a parallel rule, definition, or procedure.
(County Ord. 692, passed 7-12-2001)
The ordinance incorporated 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 may be cited as the “Yamhill County Dog Control Ordinance.”
(County Ord. 692, passed 7-12-2001)
Upon receipt of base fines imposed for violations of this Dog Control Ordinance, the Trial Court Clerk of the County shall first deduct and retain the amount required for court fees and assessments and then remit the remaining money to the County Treasurer who shall deposit it in a designated Dog Control Fund accessible to dog control officers. In no case shall the money remitted to the Treasurer be less than $30 per cited violation. Additionally, each conviction shall be accompanied by an automatic court assessment of $25. This revenue shall be paid to the County dog control for maintenance, upgrade, or purchase of buildings, vehicles, equipment, medical supplies, animal food, or personnel expenses.
(County Ord. 692, passed 7-12-2001)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any non-human mammal, bird, reptile, or amphibian.
BAIL. Money or its equivalent deposited by a defendant to secure his or her appearance in court for a dog control offense.
BITE. Any tearing, abrasion, puncture, contusion, hematoma, contusion, or other damage to the skin or clothing of any person or animal by the operation of a dog’s jaws and/or teeth.
BOARD. The County Board of Commissioners.
DOG. Any mammal of the domestic canine family.
(1) SMALL DOG. A dog of any breed for which the recognized standard specifies a height, measured perpendicularly at the withers, of 15 inches or less and/or a weight so specified not to exceed 30 pounds.
(2) MEDIUM DOG. A dog of any breed for which the recognized standard specifies a height, measured perpendicularly at the withers, of more than 15 inches but not exceeding 25 inches and/or a weight so specified of more than 30 pounds, but not exceeding 60 pounds.
(3) LARGE DOG. A dog of any breed for which the recognized standard specifies a height, measured perpendicularly at the withers, of more than 25 inches and/or a weight so specified of more than 60 pounds.
HOLDING FACILITY (SHELTER). A facility built and maintained by a city, a humane society, or the County for the purpose of enforcing or administering an animal or dog control program or the care and feeding of animals without owners.
HOUSEHOLD PET. A domesticated animal kept for the personal use, pleasure, and enjoyment of the owner.
IMMEDIATE CONTROL. Under close, restrained custody in immediate physical proximity (e.g., leashed).
IN PUBLIC. Any space physically open to the public whether publicly or privately owned, including roadways, sidewalks, shopping mall walking areas, parking lots, parks, schoolyards, shared public accessways, residential complex common areas, alleyways, walkways, or other areas.
ISOLATION (QUARANTINE). The secure restraint of a specific animal by means of a closed cage, secured fenced-in area, pound, or other approved building or facility affording such security from any other animal or person.
KENNEL. A commercial or non-commercial site, providing for the accommodation of three or more fertile or five or more spayed/neutered dogs of licensable age, or any combination thereof, where such dogs are kept for household pets, rescue, or seeing-eye training, board, propagation, other training, sale or trade, consumption, or other purposes.
LIVESTOCK. Horses, mules, jackasses, cattle, llamas, sheep, goats, swine, domesticated fowl, and any fur-bearing animal bred and maintained commercially or otherwise, within pens, corrals, pasture land, cages, and/or hutches.
OWNER or KEEPER. Any person who keeps, has custody of, possesses, harbors, or exercises control over a dog or other animal, with the exception of veterinary hospitals as defined in this section. In a family situation, the head of the household is presumed to be the owner or keeper.
PERSON. An individual, a partnership, company, association, corporation, or any other legal entity.
SHERIFF. The County Sheriff, any Deputy Sheriff, or the Sheriff’s employee or designee.
VETERINARIAN. A practicing veterinarian, licensed pursuant to the laws of the state, to perform any of the acts set forth in ORS 686.030.
VETERINARY HOSPITAL. Any business establishment maintained and operated by a veterinarian for the diagnosis and treatment of diseases and injuries to animals.
(County Ord. 692, passed 7-12-2001)
The Board of Commissioners may enter into intergovernmental agreements with any or all of the cities in the County to further the purposes of this Dog Control Ordinance. Any such agreements shall require the city to enact a dog control ordinance to subject all dogs within the city to the licensing requirements of this Dog Control Ordinance and provide for substantially the same violations and penalties as provided in this Dog Control Ordinance. The governing body of the city may consent to the application of this Dog Control Ordinance within its boundaries. An agreement may also provide for the sharing of revenues from the Dog Control Fund for the purpose of effective dog control within the County.
(County Ord. 692, passed 7-12-2001)
Loading...