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(A) the City of Union hereby delegates to Union County, full authority and responsibility to administer and enforce this subchapter. References in this chapter to “Sheriff’, “Deputy”, “Enforcement Officer”, “County Animal Control Services”, “Animal Control Division”, County Hearings Section, Justice Court, Hearings Officer, and “County Health Officer” shall be references to those persons and entities of Union County.
(B) The City of Union hereby delegates to the Union County Justice Court the court functions and duties provided for such Court as set forth in this chapter.
(C) The licenses required by this chapter shall be issued by Union County.
(D) Notwithstanding provisions within this chapter for the adoption by resolution of fees, penalties, fines, deposits, and, assessments (collectively referred to in this division as “fees”), the City of Union hereby adopts as initial fees, those which are referred to in this chapter. Fees which are referred to but are not stated in a dollar amount are hereby initially set at the amount currently adopted by the Union County Board of Commissioners. Such initial fees may be amended by resolution of the City Council.
(Ord. 524, passed 9-13-2010)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT DOG. Any dog having a set of permanent canine teeth, or past the age of six months.
ANIMAL. Any member of the classes of reptiles, birds or mammals except man.
ANIMAL SHELTER. A facility which is used to house or contain stray, homeless, abandoned or unwanted animals, and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, or a society for the prevention of cruelty to animals, or other nonprofit or profit organization devoted to the welfare, protection, and humane treatment of animals. Management policy will determine animals to be accepted at the ANIMAL SHELTER.
AT LARGE. Any dog off the premises of the owner and not under the control of either the owner or a person authorized by the owner.
COMPANION ANIMAL. Any animal kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter.
DANGEROUS DOG. See § 91.12.
ENFORCEMENT OFFICER. An employee or a designee of the county hired for the purpose of enforcing this chapter and any state or federal regulations that may be applicable.
KENNEL. A private residence with four or more adult dogs.
LAWFUL. In regard to herding, hunting, competition or training, means to be engaged in such activity on the property of another by permission, or on public land that is set aside and/or open for such use.
LEASH. A cord, thong, or chain not more than eight feet in length by which an animal is physically controlled by the person accompanying it, and which is of a strength to restrain the animal.
LICENSE TAG or TAG. A pre-numbered identification license sold to an owner/custodian for a specific pet animal. Rabies identification or other identification may not be substituted or accepted in lieu of a LICENSE TAG.
LIVESTOCK. As defined by O.R.S. 609.125.
OWNER. Any person owning, keeping, harboring, caring for or having a right of possession to one or more dogs. For purposes of determining responsibility for dogs creating a nuisance, a dog shall be deemed to be harbored and owned if it is fed or sheltered for seven consecutive days or more. If a person decides to keep a stray, and the dog is old enough to be licensed, it shall be licensed within 30 days. In a family setting, the OWNER is presumed to be the head of the family or the person whose name appears on a license registration, a rabies vaccination form, or lacking other means of determination, the OWNER or leaseholder of the property where the dog is kept.
PERSON. Any individual, partnership, association, corporation or other legal entity.
PUBLIC NUISANCE. Any dog that unreasonably annoys humans, endangers the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The owner shall be personally liable for a dog that becomes a PUBLIC NUISANCE and shall be financially liable for actions of his or her dog.
RESTRAINT. Any dog secured by a leash or lead under the control of a responsible person and obedient to the person’s commands, or under competent voice control. RESTRAINT may include a pet carrier or other device sufficient to keep the dog from running at large.
UNDER CONTROL. The voice, signal or physical control so as to be restrained from approaching a bystander, from entering private property, and from causing damage to property. A dog is presumed not to have been under control if injury, damage or trespass has occurred.
VETERINARY HOSPITAL. An establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
WILD OR EXOTIC ANIMALS. See § 91.17.
(Ord. 464, passed 10-12-1998; Ord. 524, passed 9-13-2010)
The animal control services to be provided by this chapter may include, but not be limited to, the following:
(A) Establishing and maintaining a dog licensing program for domestic dogs;
(B) Capture and control of all types of dogs running loose within the city;
(C) Investigation, reporting and, where necessary, issuance of summons to owners on complaints of animals being kept in unsanitary, unhealthy, inappropriate or other unlawful conditions;
(D) Disposal of all abandoned dogs by adoption or euthanasia; and
(E) Provide a shelter for homeless animals.
(Ord. 524, passed 9-13-2010)
(A) No person may own, harbor, keep or have custody of any dog over the age of six months unless the dog has a current license. Animal Shelters and foster homes are exempt from licensing.
(B) All licenses shall expire one year from the date of issue and may be renewed within 30 days of expiration without penalty.
(C) It is unlawful for any owner to use a license tag for any dog other than the one for which it has been issued. If there is a change of ownership of a licensed dog, the new owner must apply for and obtain a new license.
(D) It is unlawful for any person to steal or remove the license tag from any dog.
(E) It is unlawful to make any false statements for the purpose of securing a lesser license fee.
(F) The keeping of dogs within the limits of the City of Union is forbidden unless the owners or keepers thereof shall procure a license for each dog. In any prosecution for a violation of this section or for determining the length of time an animal must be kept in impoundment, the absence of a tag appended to a dog’s collar shall be prima facie evidence that the dog has not been legally licensed.
(G) Annual license fees shall be established by Union County and/or the Animal Shelter.
(Ord. 524, passed 9-13-2010) Penalty, see § 91.99
(A) Land use. The issuance of a license for a kennel shall not constitute approval of the land use nor be evidence of compliance with land use restrictions or regulations which may apply to the operation or location of the proposed kennel. Applicants must have zoning approval from The City of Union, prior to requesting a kennel license from the Sheriff’s Office.
(B) Licensing requirement. No person shall operate a kennel without first obtaining an annual license from Union County and/or Animal Shelter for each kennel operated. Kennel licenses are not required in resource zones of Union County. Fees shall be established Union County and/or animal shelter.
(C) License procedure. Upon receipt of an application for a dog kennel license, the Enforcement Officer or Sheriff/Deputy shall inspect the facility, and upon determination that the facility complies with all applicable provisions of this chapter and other applicable city, state, or federal laws, shall issue a license. The Sheriff’s Office shall approve or deny an application made under this chapter within 60 days of its receipt and the payment of the applicable fees, or the application shall be deemed approved for the current year, subject only to revocation as provided in this chapter.
(D) Display of license. Each dog in the kennel over the age of six months shall wear a license tag provided by the Animal Control Division. Each dog shall have a license form but the fee shall be the single fee set for kennels.
(E) Denial and revocation of license. A kennel license required under this section may be denied or revoked for any of the following reasons:
(1) Failure to comply substantially with any provision of this chapter;
(2) Conviction of the owner or any person subject to his or her direction or control for the violation of any provision of this chapter or other applicable state or federal law, rule, order or regulation pertaining to any activity relating to animals;
(3) Furnishing false information on the application for a license under this chapter: or
(4) Denial of kennel zoning request by the City of Union where the dog owner resides.
(F) Appeal from denial or revocation of license. If an application for a kennel license is denied (for any reason other than Division (E)(4) of this section) or approved subject to conditions, or revoked, the applicant may appeal denial, conditional approval, or revocation to Union City Council no later than 15 days after the date of the decision by the Sheriff or Enforcement Officer. Zoning refusal by the city is subject to the appeal process that is in place for land-use appeals. The Board shall provide a hearing for the applicant within 30 days of notice of appeal. Notice of hearing by the Board shall be mailed to the applicant by certified mail no later than ten days prior to the hearing. A decision by the Board resulting from an appeal under this section shall be reviewable only as provided in O.R.S. Chapter 34.
(G) Inspection. A kennel licensed under this chapter shall be subject to inspection by the Sheriff or Enforcement Officer at any time for the purpose of determining compliance with this chapter. The Sheriff or Enforcement Officer shall have the right to inspect the facility itself, as well as all records and other documents required to be kept by this chapter.
(Ord. 524, passed 9-13-2010)
(A) No person may keep or harbor in the city a dog over six months of age which is not inoculated against rabies by a licensed veterinarian in accordance with current accepted standards.
(B) Any dog afflicted with rabies or bitten by a rabid animal is a nuisance and the owner or custodian of such dog is required immediately upon discovery to submit the dog to veterinary treatment and guarantee its confinement for such period and in such manner as directed by the County Health Officer, a licensed veterinarian, or Enforcement Officer, Sheriff, or other Peace Officer.
(C) The County Health Officer may direct the detention of dogs suspected of having rabies, in accordance with Health Department administrative rules. Notwithstanding the provisions of any other portion of this chapter, any dog impounded for biting a person shall be held for not less than ten days before redemption or destruction to determine if the dog is rabid.
(D) The owner of a dog who bites a human being shall notify the Sheriff within 24 hours of such bite, giving the name and address of the person bitten, if known.
(E) Any person who is bitten by a dog shall notify the Sheriff of such bite within 24 hours, giving a description of the dog and the name and address of such owner if known.
(F) When a doctor, veterinarian, shelter employee, or hospital employee has information that a person has been bitten by a dog, such person shall notify the Sheriff within 24 hours.
(G) All other animal bites shall be reported to the Union County Health Department, by the person bitten, their doctor or a hospital.
(Ord. 524, passed 9-13-2010) Penalty, see § 91.99
(A) The owner or keeper of a dog shall not allow the animal to be a public nuisance as defined in this chapter. The term PUBLIC NUISANCE DOG shall mean and include, but is not limited to, any dog that:
(1) Is repeatedly found at large;
(2) Damages the property of anyone other than its owner;
(3) Molests or intimidates pedestrians or passersby;
(4) Chases vehicles;
(5) Excessively makes disturbing noises, including, but not limited to continued and repeated howling, barking, whining for more than 15 minutes or intermittent barking for more than 30 minutes in a 60 minute period, causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored. If the barking is caused by the presence of predators such as coyotes, deer or other wildlife, or by a person intentionally taunting the dog, then the dog is not a public nuisance;
(6) Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the dog is kept or harbored;
(7) Causes unsanitary conditions in enclosures or surroundings where the dog is kept or harbored;
(8) Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of dogs maintained;
(9) Attacks livestock or companion animals not belonging to the dog owner;
(10) Scatters garbage; and/or
(11) Is a female in heat and running at large.
(B) Any person who has cause to believe a dog is being maintained as a public nuisance may complain, either orally or in writing, to the Sheriffs Department or County Animal Control Services. The complaint shall be considered sufficient cause for the Sheriff or Deputy to investigate the matter and determine if the owner or keeper of the dog is in violation of this section or other sections of this chapter pertaining to nuisance.
(C) Every reasonable effort will be made to see that every female dog in heat is confined in a building or secure enclosure in such a manner that such female dog cannot come into contact with another dog, except for planned breeding.
(D) Any dog whose owner allows or permits their animal to deposit excreta on public areas, recreation areas or on private property not belonging to the owner is hereby declared to be a nuisance and the owner shall be responsible for the removal of the excreta. In lieu of or in addition to removal of the excreta, the owner or custodian may be cited by an Enforcement Officer or the Sheriff for violation of this chapter.
(E) Each day a nuisance exists may be an additional cause for a citation.
(Ord. 524, passed 9-13-2010)
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