A. Nuisances:
1. Enumerated: It shall be unlawful to keep or maintain within the city any dog that is a nuisance. A dog is a nuisance as described if it:
a. Bites a person.
b. Chases vehicles or persons.
c. Damages or destroys property of persons other than the owner or custodian of the dog.
d. Scatters garbage.
e. Trespasses on private property of persons other than the owner or custodian of the animal.
f. Causes repeated or prolonged disturbances by excessive barking or noisemaking, plainly audible from inside any neighboring building, vehicle or residence for five (5) or more total minutes in any fifteen (15) consecutive minutes and thereby disturbs one or more persons not then residing in the residence of the owner, possessor of keeper of the dog; provided, however, an initial occurrence shall result in the issuance of a warning only with any subsequent occurrence within a seven (7) calendar's day period of the initial occurrence being subject to all penalties provided for herein.
g. Makes an unprovoked attack, molests or interferes with persons or other domestic animals on property other than the owner's property.
h. Makes an unprovoked attack, molests, or interferes with a public utility worker, mail carrier, delivery person or other public servant who, while in the performance of their duties, is on the owner's property.
2. Class C Violation: A person who permits or allows a dog which they own or over which they have control to be a public nuisance violates this section commits a class C violation which shall be punishable by a fine not to exceed the limitations established by Oregon Revised Statutes in existence at the time of the violation.
B. Exception To Dog As Public Nuisance: Except as provided for in subsection A1h of this section, a dog shall not be considered a public nuisance if the dog bites:
1. A person assaulting the dog's owner or the owner's spouse or children, or persons legally residing with the owner; or
2. A person wrongfully assaulting the dog; or
3. A person trespassing upon premises owned, leased, or rented by the dog's owner or the owner's spouse or children, or persons legally residing with the owner; or
4. A person entering a fully fenced area, regardless of where located, if that area is conspicuously posted with sign warning of the presence of the dog within the fenced area. (Ord. 630-10, 1-11-2011)