§ 91.130 INSPECTION.

   A dog kennel licensed under these regulations shall be subject to inspection by the Sheriff at any time for the purpose of determining compliance with this Dog Control Ordinance. The Sheriff shall have the right to inspect the facility itself, as well as all records and other documents required to be kept by this Dog Control Ordinance.

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

§ 91.131 RECORD-KEEPING.

   The owner or operator of any dog kennel licensed under this Dog Control Ordinance shall keep records of all dogs of licensable age sold and make these records available to the Sheriff upon request. Records of such sales shall be preserved by the owner or operator of any facility for at least 18 months following the sale.

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

PROHIBITED CONDUCT IN THE COUNTY

§ 91.145 OWNER OR KEEPER OF DOGS.

   It shall be a violation of this Dog Control Ordinance for the owner or keeper of a dog to:

   (A)   Permit a dog to run at large. 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, or is not under the immediate physical control and command of its owner or keeper. A dog will be considered RUNNING AT LARGE if it is free upon a shared accessway, common area, walking area, parking lot, or other area open to physical access by the public. A dog that is being used under the supervision of a person in order to legally hunt, chase, or tree wildlife; is being used to control or protect livestock; or in related agricultural activities shall not be deemed to be RUNNING AT LARGE. No dog in police or military service shall be considered running at large.

   (B)   Allow a dog to become a public nuisance. A dog is a PUBLIC NUISANCE if it:

      (1)   Bites or nips a person’s person, clothing, or effects, unless the person is illegally assaulting the dog or the dog’s owner, or if the person provokes the dog and is illegally trespassing on premises legally occupied by the dog’s owner;

      (2)   Chases vehicles, persons, or other animals of any kind on property that does not belong to the owner or keeper of the dog;

      (3)   Damages or destroys property (including livestock or a domestic pet) that does not belong to the owner or keeper of the dog;

      (4)   Scatters garbage;

      (5)   Trespasses on private property of persons other than the owner or keeper of the dog;

      (6)   Disturbs a resident from each of three or more households within sight or sound of the complainant’s residence or business by excessive noise. A dog shall not be considered a public nuisance under this Dog Control Ordinance if it barks at a person or animal trespassing on property belonging to the dog’s owner;

      (7)   Is a female in heat and running at large; and

      (8)   Impedes or disrupts the normal flow of traffic on a public or private roadway or access way, or causes dangerous conditions thereupon, or in any way becomes a traffic hazard for any length of time.

   (C)   No person shall keep a menacing, vicious, or dangerous dog. For the purpose of these regulations, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      (1)   A MENACING DOG means a dog which acts in a threatening manner causing a human, a domestic animal, or livestock to fear for its safety or well being, regardless of whether it was done in a playful or hostile manner;

      (2)   A VICIOUS or DANGEROUS DOG means:

         (a)   Any dog which bites a human being, livestock, or domestic animal without serious provocation;

         (b)   Any dog which puts a human or a 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)   Any dog, which according to the records of law enforcement, has inflicted previous injury to a human without provocation, or has according to law enforcement records injured or killed a domestic animal while off the property of owner or keeper of said dog;

         (d)   Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting;

         (e)   Any dog acting in a menacing manner and is out of immediate control of its owner or keeper, and which has caused serious injury or possible death to a human or domestic animal without provocation;

         (f)   Any dog having a demeanor, fault, flaw, or defect that causes it to act in an unreasonably aggressive manner; or

         (g)   Any dog that has been found to have bitten any living thing two or more times in a two year period, which causes physical injury to person(s) or animal(s), and said bites have been documented with appropriate authorities, then a rebuttable presumption exists that the dog is dangerous, and may not be kept.

      (3)   Being a HABITUAL OFFENDER means:

         (a)   Any dog that has been found/pled guilty to the same or similar offenses more than three times may be considered a habitual offender; and

         (b)   Any owner or keeper that has been found/pled guilty to more than three dogs to the same or similar offenses in two or more years (but shall not exceed ten years) may be considered a habitual offender.

      (4)   Dog running at large after written warning of being suspected of menacing or dangerous:

         (a)   1.   Any dog that has been served written notice of being suspected of falling under the County ordinance for menacing or dangerous shall not be allowed to leave its owner or keeper’s property unless on a leash and under immediate control of a reasonable person as described in those ordinances.

            2.   A dog trained for law enforcement purposes, on duty, or under the control of a law enforcement officer shall not be found to be menacing, dangerous, or vicious when it exhibits such behavior in the course of the duties for which it is trained.

         (b)   No person shall keep a dog having been notified by the Sheriff that it has injured, chased, wounded, or killed livestock.

         (c)   No person shall keep a dog without a license attached to its collar as required by this Dog Control Ordinance unless the dog is kept at all times in an enclosure or pen and the license tag is affixed to the enclosure or pen.

         (d)   No person shall keep an unlicenced dog when that dog is subject to the licensing provisions of this Dog Control Ordinance.

         (e)   No person shall keep a dog which has not received its rabies inoculation as required by ORS 433.365 and this Dog Control Ordinance. The charge may be dismissed upon the presentation to the trial court of a certificate of inoculation signed by a veterinarian.

(County Ord. 692, passed 7-12-2001) Penalty, see § 91.999

§ 91.146 HINDERING IMPOUNDMENT.

   (A)   It shall be a violation of this Dog Control Ordinance for any person to hinder or otherwise interfere with the apprehension or impoundment of any dog by the Sheriff or any other peace officer.

   (B)   It is not a defense to prosecution under this section that the Sheriff or the peace officer lacked legal authority to impound or apprehend the dog, provided the Sheriff or peace officer was acting under color of official authority.

(County Ord. 692, passed 7-12-2001) Penalty, see § 91.999

IMPOUNDMENT AND DISPOSITION OF IMPOUNDED DOGS IN THE COUNTY