(A) Purpose. The purpose of this section is to establish a procedure whereby dogs which have exhibited a threat to the health and safety of humans or domestic animals are regulated to minimize or eliminate the danger to the public. Nothing in this chapter is meant to override or to supersede Chapter 6.04 of the Washington County Code. The Code with the most strict code requirement shall control.
(B) Classifications of levels of dangerousness. A dog shall be classified as a dangerous animal based upon specific behavior exhibited by the dog. For the purposes of division (B) through (E), behaviors establishing various levels of potential dangerousness are as follows:
(1) At a Level 1 behavior, a “potentially dangerous dog”, is established if a dog, when unprovoked:
(a) Whether at large or restrained, attacks and injures any domestic animal;
(b) Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise threaten the safety of humans or domestic animals.
(2) At a Level 2 behavior, a “dangerous dog,” is established if a dog, without provocation, whether at large or restrained:
(a) Bites or injures a human being on public or private property; or
1. Kills a domestic animal without provocation while the dog is off the owner’s property; or
2. Has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog aggressively bites, attacks, or endangers the safety of humans.
(b) Seriously injures or kills a domestic animal.
(3) A dangerous dog reaches Level 3 behavior if the dog:
(a) Seriously injures or causes the death of a human; or
(b) A dog that has been classified as a Level 2 and repeats the behavior described in division (B)(2) of this section after the owner receives notice of the Level 2 classification; or
(c) Is found to engage in or is found to have been trained to engage in exhibitions of dog fighting.
(4) Notwithstanding divisions (B)(1) through (B)(3) of this section, the City Manager or his or her designee, such as police officer, dog control officer and the like shall have the discretionary authority to refrain from classifying a dog as dangerous or potentially dangerous, even if the dog has engaged in behaviors specified in divisions (B)(1) through (B)(3) of this section, if the City Manager or his or her designee determines the behavior was the result of the victim or domestic animal tormenting the dog or initiating the attack without justification on the defendant’s personal or real property with adequate fencing suitable to prevent the entry of young children designed to prevent the dog from escaping and marked with visible signs warning people, including children, not to trespass or to beware of dog; the victim was involved in a criminal activity against the dog’s owner, or other extenuating circumstances. In any case, no dog will be classified if the behavior in question was directed against a trespasser inside any fully enclosed building on private property with adequate fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with visible signs warning people, including children, not to trespass or to beware of dog or in any private vehicle.
(C) Identification of potentially dangerous dogs; appeals; restrictions pending appeal.
(1) The City Manager or his or her designee shall have authority to determine whether any dog has engaged in the behaviors specified in division (B). This determination shall be based upon an investigation that includes observation and testimony about the dog’s behavior, including the animal’s past history and the owner’s control of the dog. Witnesses to the dog’s behavior shall sign a written statement attesting to the observed behavior and agree to provide testimony regarding the dog’s behavior if necessary.
(2) The City Manager or his or her designee shall give the dog’s owner written notice by certified mail or personal service of the dog’s classification as a potentially dangerous dog and of the additional restrictions applicable to that dog by reason of its classification. If the owner denies that the behavior in question occurred, the owner may appeal the determination of the City Manager within 10 days of the date the notice was received by the owner by certified mail or the owner was personally served.
(3) The Municipal Court Judge shall hold a public hearing on any appeal from a decision by the City Manager to classify a dog as dangerous or potentially dangerous. The owner and any other person having relevant evidence concerning the dog’s behavior as specified in division (B) shall be allowed to present testimony. The Municipal Court Judge shall determine whether behavior specified in division (B) was exhibited by the dog in question. The Municipal Court Judge shall issue an order containing his or her determination, which shall be final.
(4) Once the owner has received notice of the dog's classification as a Level 1, 2 or 3 dangerous or potentially dangerous dog, pursuant to division (C)(2) of this section, the owner shall comply with the restrictions specified in the notice until such time as the City Manager or his or her designee’s decision may be reversed on appeal. Failure to comply with the specified restrictions pending the completion of all appeals shall be a violation of this section for which a fine can be imposed. Additionally, the City Manager or his or her designee shall have the authority to impound the dog pending completion of all appeals.
(5) If the City Manager or his or her designee finds the animal has engaged in Level 3 behavior, the dog shall be impounded by the County Animal Control Authority and quarantined pending the completion of an appeal. If the City Manager or his or her designee’s decision is upheld on appeal, the dog’s owner shall be liable for the cost of impoundment.
(6) The imposition of regulations pursuant to this section shall not prevent the issuance of a citation pursuant to § 91.01.
(D) Regulation of dangerous dogs.
(1) In addition to the other requirements of § 91.01, the owner of a classified dangerous dog shall comply with the following regulations:
(a) If the dog has engaged in Level 1 behavior, the owner shall confine the dog in a secure enclosure whenever the dog is not on a leash or inside the home of the owner. The enclosure must have adequate fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with visible signs warning people, including children, not to trespass or beware of dog. The dog must be restrained on an adequate leash and under the control of a capable person when off the property and within the jurisdictional limits of the city.
(b) The owner may be required to have a policy of liability insurance, such as home owner’s insurance, issued by the insurer qualified under Oregon state law, or a surety bond by a surety insurer qualified under state law, in the sum of not less than $250,000, insuring the owner for any personal injuries inflicted by the dangerous dog or payable to any person injured by the dangerous dog.
(2) If the dog has engaged in Level 2 behavior, the owner shall confine the dog in a secure enclosure whenever the dog is not on a leash or inside the home of the owner. In addition, warning signs must be posted on the property where they are clearly legible. The dog must be muzzled and restrained on an adequate leash and under the control of a capable person when off the property and within the jurisdictional limits of the city.
(3) If a dog has engaged in Level 3 behavior, the City Manager or his or her designee shall request from the Municipal Court Judge one or more of the following:
(a) An order permanently banning the dog from the city, and authorizing that the dog may be seized, quarantined, and euthanized if this court order is violated;
(b) An order that the dog be quarantined and euthanized;
(c) An order prohibiting the dog’s owner from being in possession of any dog within the city limits of the city.
(4) The owner or caretaker of a dog in violation of this chapter shall be liable for all consequential costs to the city or enforcement agency, such as Washington County Animal Control, such as kenneling, animal care, or euthanization costs as a result of enforcement of this section.
(E) Banning of dangerous dogs.
(1) At the discretion of the City Manager, a dog with a documented history of exhibiting Level 1 or 2 behaviors may be prohibited from entering or residing within the city limits of the city except to be transported in a secure vehicle while passing through the city.
(2) In addition, the City Manager or his or her designee is empowered to ban a Level 2 dog for either a specified time or permanently.
(F) Restitution and damage.
(1) The owner of a dog banned under division (E) that injures a human being shall be liable for damages such as hospitalization, and medical costs, compensation, and other consequential damages incurred by the victim or the city or other enforcement agency.
(2) The owner(s) of a dog that bites or injures any domestic animal (including birds and husbandry animals) shall be liable for damages such as veterinary costs.
(Ord. 2009-08-01, passed 8-11-2009)