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(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)
(A) It shall be unlawful for the owner or custodian of any dog to cause, permit or allow such dog to roam, run, stray or be away from the premises of such owner or custodian and to be on any public place, any public property or the private property of another within the city. An owner or custodian of a dog may take it off the owner’s or custodian’s premises provided the dog is under restraint. Any dog found roaming, running, straying, or being away from the owner or custodian’s premises and not on a leash or under control as herein provided, is hereby declared to be at large, and such dog may be seized and impounded subject to the redemption provisions of this chapter. In lieu of, or in addition to, impounding a dog, the owner or custodian may be cited by a Deputy or the Sheriff for violation of this chapter.
(B) The prohibition contained in division (A) of this section shall not apply to dogs that are under control while engaged in one of the following:
(1) Lawful herding of farm animals;
(2) Lawful hunting activities;
(3) Lawful competition sanctioned by a nationally recognized body or a local chapter thereof; or
(4) Lawful training in preparation for such herding, hunting, or competitive activities.
(Ord. 524, passed 9-13-2010) Penalty, see § 91.99
(A) At large dogs may be lawfully taken by any person and impounded in the animal shelter. The person must notify the shelter staff of the owner’s name and address, if known.
(B) Impoundment register. The Sheriff or shelter shall maintain a register of all dogs impounded pursuant to this chapter and such register shall show the identification tag number, if any, breed of the dog, a description of the dog by coloring and marking, the time and date of the impoundment, the name of the officer impounding the dog, the area in which such dog was picked up, the method and time of notifying the owner, if known, of redemption procedures, and if known, the disposition of the dog and the date and time thereof.
(C) Redemption. An owner reclaiming an impounded dog shall pay impoundment fees and board fees in accordance with a resolution adopted by the county. If the dog is required to be licensed, the fees shall be paid at the time of redemption, and the tags issued upon presentation of proof of rabies vaccination. If, the person reclaiming the dog has outstanding unpaid tickets (tickets not pending hearing appeal), those must also be paid prior to the release of the dog.
(D) Impounded dogs shall be released to owners or custodians on presentation of proof of ownership, and proof that all appropriate fees have been paid. Any dog apprehended or turned into the shelter for impoundment shall be held for a minimum of five days. Any dog wearing a collar with a valid license tag shall be held for a minimum of five days, and the Deputy or shelter shall make reasonable effort to contact the owner. Any dog not redeemed during the required holding period shall be deemed to have been surrendered to the animal shelter for disposition.
(E) Seriously injured, diseased, or wild dogs need not be detained for the holding period, but with the concurrence of a veterinarian or certified euthanasia technician may be disposed of in a humane manner at any time. Not withstanding 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, unless the owner shows proof of current rabies vaccination and has an adequate area for home quarantine. This determination will be made by the Deputy or Sheriff.
(F) Any impounded dog, following the holding periods, and dogs voluntarily surrendered to the animal shelter, shall be disposed of in a humane manner, or, at the discretion of the shelter manager, may be held for a longer period to allow for adoption. No dogs shall be knowingly sold or given away by the county or its designee for the purposes of animal experimentation.
(G) Other animals may be impounded at the shelter’s discretion.
(Ord. 524, passed 9-13-2010)
The following, singly or together, are deemed to constitute cruel treatment to animals. Therefore, it shall be unlawful for any person to:
(A) Tether, confine, or restrain any dog in such a way as to permit the dog to become frequently entangled in such tether, or render the dog incapable of consuming food or water provided for it; while at the same time allowing adequate space for freedom of movement necessary when tethered for extended periods of time; the tether to be not shorter than three times the length of the dog measured from the tip of its nose to the base of its tail;
(B) Confining a dog within or on a motor vehicle or other enclosure or structure when unattended and under such conditions as may endanger the health and well being of the animal. Such conditions include, but are not limited to, dangerous temperature, lack of food or water, and confinement with a vicious dog; or
(C) Knowingly placing food of any description containing poisonous or other injurious ingredients in any location likely to be accessible to domesticated animals or livestock.
(Ord. 524, passed 9-13-2010) Penalty, see § 91.99
(A) ABANDONMENT is defined as dropping off or leaving an animal on the street, road, or highway, or in a public place, or the private property of another person, firm, corporation; or in the case of a dog impounded at the animal shelter, a dog is presumed to be abandoned by its owner if they have taken no affirmative action to redeem the dog for a period of five days from the date of notice of impoundment.
(B) Animals may be left at the shelter by arrangement with shelter staff. If the owner refuses to redeem or pay fees for his animal, the owner may be cited for abandonment and the dog will be placed for adoption.
(Ord. 524, passed 9-13-2010)
(A) Aggressive - Level 1. A dog shall be classified as Aggressive Level 1 if while at large, or secured in such a manner as to reach a public right-of-way, or secured in such a manner as to interfere with a legal right of entry to the dog owner’s property the dog does menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any person or, while at large, threaten or cause injury to any domestic animal.
(B) Aggressive - Level 2. A dog shall be classified as Aggressive Level 2 if while at large or secured in such a manner as to reach a public right-of-way, or secured in such a manner as to interfere with a legal right of entry to the dog owner’s property the dog does aggressively bite or cause physical injury to any person, or while at large kills any domestic animal.
(C) Dangerous. A dog shall be classified as dangerous if, whether or not confined, causes serious physical injury or death to a person; or is used in the commission of a crime; or is an Aggressive Level 2 dog that repeats the behavior after the owner is notified of the designation.
(D) No dog shall be classified as dangerous or aggressive, even if the dog has engaged in these behaviors, upon a determination that the behavior was caused by abuse or torment of the dog, or criminal activity on the part of any victim.
(E) No dog shall be found to be dangerous or aggressive if it is a dog trained for law enforcement purposes and is on duty under the control of a peace officer.
(F) A Deputy or the Sheriff shall determine whether any dog has engaged in the behaviors specified in divisions (A) through (C) of this section. The determination shall be based upon an investigation that includes observation of the dog’s behavior by a Deputy or the Sheriff, or by other witnesses who personally observed the behavior. Observations must be in writing attesting to the observed behavior.
(Ord. 524, passed 9-13-2010)
The Sheriff’s Officer shall give the dog’s owner written notice by certified mail or personal service that includes the following:
(A) The dog’s specific behavior;
(B) The dog’s dangerous or aggressive classification; and
(C) Restrictions applicable because of the dog’s classification.
(Ord. 524, passed 9-13-2010)
(A) Aggressive - Level 1.
(1) Dogs classified as Aggressive Level 1 shall be restrained at all times by a physical device or structure, in a manner that prevents the dog from reaching any public sidewalk or adjoining property
and must be located so as not to interfere with the public’s legal access to the owner’s property, whenever that dog is outside the owner’s home and not on a leash.
(2) The dog shall be licensed and the license renewed as required.
(3) Change of residence by owner or keeper or change of ownership of the dog shall be reported to the animal control agency. A new owner shall be subject to the same restrictions for the dog as the original owner.
(B) Aggressive - Level 2.
(1) Dogs classified as Aggressive Level 2 shall be confined within a secure enclosure whenever the dog is not on a leash or inside the owner’s and/or keeper’s home. The secure enclosure must be located so as not to interfere with the public’s legal access to the owner’s/keeper’s property.
(2) The dog shall not be off the property unless it is restrained and under the control of a capable person.
(3) The owner or keeper shall purchase and post a “beware of dog” sign at all entrances to the property if the behavior involved humans.
(4) The dog shall be licensed and the license renewed as required.
(5) Change of residence by the owner or keeper or change of ownership of the dog shall be reported to the animal control agency. A new owner shall be subject to the same restrictions as the original owner of the dog.
(6) To ensure proper identification of the dog, the dog shall be micro chipped at the owner’s expense.
(7) The dog shall be sterilized at the owner’s expense.
(C) Dangerous.
(1) A dog classified as dangerous shall be euthanized not less than ten days after classification to allow for rabies quarantine, unless appealed.
(2) The dog shall be impounded upon receipt by the owner or keeper of written notice of classification, pending completion of any appeals.
(3) Where the subject dog has been impounded and an appeal has been filed, the owner or keeper of the dog shall be required to post a deposit of $150 at the time the appeal is requested towards the expense of sheltering the animal during the appeal process.
(4) If the Sheriff’s classification of the dog as dangerous is upheld on appeal, the owner shall be liable for the cost of the dog’s impoundment, and all fees incurred for sheltering and caring for the dog, or forfeit any amount remaining of the original deposit.
(5) If the Sheriff’s classification of dangerous is reversed on appeal, the deposit shall be returned.
(6) Failure to file an appeal as provided or unexcused failure of a party to appear at a duly scheduled hearing, shall constitute a waiver by the party of any further appeal under the chapter. Upon entry of a waiver in the record, the last decision issued by the Sheriff shall become final.
(Ord. 524, passed 9-13-2010)
(A) To appeal an aggressive or dangerous classification, the following requirements must be met:
(1) Appeals must be made in writing to the Justice Court or Hearings Officer. Appeal requests may be mailed to the Union County Justice Court, 10605 Island Avenue, Island City, OR 97850;
(2) A $25 appeal fee must accompany the written request;
(3) In all dangerous dog classification appeals, a $150 deposit must also accompany the written request to cover the costs to shelter the dog during the appeal process; and
(4) The written appeal, the $25 appeal fee, and the $150 deposit for dangerous dog appeals must be received by the Justice Court or Hearings Officer within ten days from the date of the notice of classification.
(B) Pending appeal, the owner shall comply with the restrictions specified in the aggressive or dangerous notice. Failure to comply with these restrictions shall be considered a violation of § 91.14.
IMPORTANT: FAILURE TO COMPLY WITH ALL APPLICABLE REQUIREMENTS UNDER THIS SECTION WITHIN TEN DAYS FROM THE NOTICE OF CLASSIFICATION SHALL RESULT IN THE CLASSIFICATION BEING FINAL!
(C) To appeal the decision of the Justice Court or Hearings Officer regarding a dangerous dog classification, the owner may file a writ of review with Circuit Court. All filing fees and regulations required by Circuit Court must be met in order to schedule the hearing.
(D) The owner can petition the Justice Court or Hearings Officer to have the Aggressive Level 1 and Level 2 classifications removed if no subsequent citations have been issued for the following times:
(1) Aggressive - Level 1: no citations for six months; and
(2) Aggressive - Level 2: no citations for one year.
(Ord. 524, passed 9-13-2010)
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