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(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)
(A) If an injured dog requiring veterinary treatment is impounded by the Deputy or other person and the owner can be clearly identified, the Sheriff shall have the authority to assess the costs of the veterinary treatment to the owner. Any owner refusing to pay such assessed costs may be cited for a violation of this chapter.
(B) If a Deputy or Sheriff is requested to remove a dead dog and the owner can be clearly identified, the Sheriff shall have the authority to assess the costs of removal and disposal to the owner; provided, however, that the cost of removal/disposal shall be reasonably commensurate with the actual costs and that a reasonable attempt be made to contact the dead dog’s owner prior to such removal.
(Ord. 524, passed 9-13-2010)
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