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(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)
(A) The keeping of wild and exotic animals shall be in accordance with O.R.S. Chapter 609.
(B) In addition to all exotic animals, any canine or feline hybrid will be considered as exotic for the purposes of this chapter and shall be subject to all provisions in addition to any state or federal restrictions.
(C) Canine hybrids may be licensed for the purpose of tracking and control, but issuance of a license does not imply that the hybrid is protected from rabies with a vaccination.
(D) Hybrids which have bitten a person or another animal shall be taken into custody and immediately be humanely destroyed and the head submitted for analysis as required by state law.
(E) An owner shall identify whether or not an animal is a hybrid, unless there is other evidence to the contrary such as the breeder of the animals stating that they are a hybrid, or other such proof, to the satisfaction of the Deputy or Sheriff. In the event of a dispute over an animal’s breeding, the safety of the public shall take precedence over the rights of the animal owner.
(F) Hybrids will not be adopted from the animal shelter. They will be humanely destroyed as soon as possible.
(Ord. 524, passed 9-13-2010)
(A) No owner or person in charge of an animal which is dangerous to the public health or safety shall allow the animal to be exposed in a public place.
(B) A dangerous animal exposed in a public place may be taken into custody by the Police Department and before the animal is released by the city, the Municipal Judge must find that proper precautions will be taken by the owner of the animal to insure the public health and safety.
(C) A dangerous animal running-at-large, which because of fierceness of disposition or diseased condition is too hazardous to apprehend, may be destroyed by a peace officer or by a person acting in defense of himself or herself, his or her family or another person.
(Ord. 354, passed 2-9-1981; Ord. 537, passed 9-8-2014) Penalty, see § 91.99
(A) The provisions of this chapter shall be enforced by the Union County Sheriff’s Department. It shall be a violation of this chapter to interfere with a Deputy or Sheriff in the performance of his or her duties.
(B) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) ADMISSIBLE EVIDENCE. The Oregon Evidence Code shall be applicable to hearings held for violations of county infractions.
(2) HEARINGS OFFICER. The Hearings Officer shall be appointed by the Union County Board of Commissioners and is also subject to removal by the Union County Board of Commissioners.
(3) JUSTICE COURT. The Union County Justice Court.
(C) Establishment and purpose.
(1) A County Hearings Section with the powers and responsibilities provided in this section, and subject to the procedures and limitations set forth below, is hereby established.
(2) The County Hearings Section has been established for the purpose of providing a convenient and practical forum for the administrative hearing and determination of civil violations of certain county ordinances, in connection with but not limited to dog control ordinance violations.
(3) The Union County Justice Court may exercise authority designated under this chapter to the Hearings Officer.
(D) Organization.
(1) The section shall consist of the Hearings Officer and supporting clerical staff and shall be under the general supervision of the Union County Board of Commissioners.
(2) Consistent with this section and other applicable law, the Board of Commissioners may establish rules for the performance of the functions assigned to the section.
(3) The compensation of the Hearings Officer shall be as established separately by the Union County Board of Commissioners and be covered by a personal services contract.
(E) Summons and complaint. The Board of Commissioners shall prescribe the form of the summons and complaint to be used for county infractions and shall establish procedures for proper administrative controls over disposition thereof. The summons and complaint shall include the number and section of the code allegedly violated, a brief description of the time, place and manner of the infraction, indication of the maximum fine assessable for a first offense under division (H) below, and notification as to where to appear in response to the summons and complaint.
(F) Answer.
(1) A person who receives a summons and complaint for an infraction shall answer such summons and complaint by (a) personally appearing to answer at the time and place specified therein, or (b) mailing or otherwise delivering to the place specified on or before the assigned appearance date, a signed copy of the summons and complaint, together with a check or money order in the amount of the scheduled fine listed therein, indicating either that the infraction is admitted or that the infraction is denied and a hearing date will be assigned by the Hearings Officer or Justice Court. The Hearings Officer or Justice Court may require a part of or the full amount of the scheduled fine to be paid before a hearing will be assigned. If the infraction is admitted, an explanation of mitigating circumstances may be attached.
(2) If the person alleged to have committed the infraction fails to answer the summons and complaint by the appearance date indicated thereon, which shall be no sooner than seven days from the date of the summons and complaint, or appear at the hearing as provided herein, a default shall be entered for the scheduled fine in division (H) below. If the Hearings Officer or Justice Court believes that an increased fine is appropriate, a hearing must be scheduled on behalf of the defendant.
(3) If the Hearings Officer or Justice Court determines that an infraction constitutes a second or subsequent offense for the defendant within the provision of division (H) below, then the Hearings Officer or Justice Court shall require upon default, admission, or a finding of guilt, that the fine be enhanced in accordance with the relevant penalty.
(G) Hearing.
(1) Every hearing to determine whether a county infraction has occurred shall be held before a Hearings Officer or Justice Court. The county must prove the infraction occurred by a preponderance of the evidence. The hearing shall be limited to admissible evidence. The Hearings Officer or Justice Court may prescribe by rule or regulation the procedures for the conduct of the hearings in conformity with applicable state statutes.
(2) The Hearings Officer or Justice Court has the authority to administer oaths and take testimony of witnesses. Upon the request of the person alleged to have committed the infraction, or upon his or her own motion, the Hearings Officer or Justice Court may issue subpoenas in accordance with the Oregon Rules of Civil Procedure, which shall apply to procedural questions not otherwise addressed by this section.
(3) The person alleged to have committed the infraction shall have the right to cross-examine witnesses who testify and shall have the right to submit evidence on his or her behalf, but cannot be compelled to do so.
(4) After due consideration of the evidence and arguments, the Hearings Officer or Justice Court shall determine whether the infraction alleged in the complaint has been established. When the infraction has not been established, an order dismissing the complaint shall be entered and any prior deposit of the scheduled fine shall be returned. When the determination is that the infraction has been established, or if an answer admitting the infraction has been received, an appropriate order shall be entered in the records. A copy of the order shall be delivered to the person named in the order personally or by mail. Any motion to reconsider the order of the Hearings Officer or Justice Court must be filed within ten days of the original order or it may not be heard.
(5) Fines collected pursuant to the provisions of this chapter shall be paid to the Infractions Section or Justice Court and credited to the County Animal Control Program, unless otherwise expressly provided.
(6) Hearings shall be conducted at locations determined by the Union County Board of Commissioners.
(7) A tape recording shall be made of the hearing unless waived by both parties, which tape shall be retained for at least 90 days following the hearing or final judgment on appeal.
(8) A hearing may be postponed at the request of any party upon written request to the Hearings Officer or Justice Court at least 72 hours prior to the date and time scheduled for the hearing.
(H) Infractions and fines. Fines for violations of this chapter shall be established by Union County and/or Animal Shelter.
(I) Review. A defendant may appeal a final adverse ruling to the Union County Circuit Court within 30 days by writ of review as provided by O.R.S. 34.010 through 34.100.
(J) Enforcement. Fines are payable upon receipt of the final order declaring a fine. Fines under this chapter are a debt owing to the county and may be collected in the same manner as any other debt as allowed by law.
(Ord. 524, passed 9-13-2010)