03/08/17 City Council Agenda Packet

Home Browse Search

includes a sentence providing that a dog owner can qualify for the exemption in subsection (4) of the ordinance only if the dog owner holds a valid dog license for a license -eligible dog (set of permanent canine teeth or attained the age of 6 months). With the additional sentence, this ordinance would require those dog owners who are exempted from the downtown core (Attachment C) dog prohibition to hold a license for their dog, thereby ensuring that even the dogs that are exempted from the prohibition are fully vaccinated. Currently, EC 4.427(1) prohibits dogs from being on "Alder Street, including the sidewalks thereof, between and including the southern sidewalk of East 12th Avenue and the northern sidewalk of East 14th Avenue, nor on East 13th Avenue, including the sidewalks thereof, between and including the eastern sidewalk of Pearl Street and the eastern sidewalk of Kincaid Street." This prohibition "does not apply to a dog owner who maintains a lawful residence within the restricted area, to a dog assisting law enforcement personnel, to a dog assisting an individual with a disability, or to a dog inside a motorized vehicle." Like the current dog prohibition in EC 4.427(1), the proposed dog restriction for the downtown area prohibits a "dog owner" from permitting a dog to be within a specific geographic boundary. City Code broadly defines "dog owner" to include anyone with possession of a dog. Specifically, EC 4.330 defines "dog owner" as: "Any person who is the licensed owner of a dog, or who has a right of property in a dog, or who harbors a dog or who has it in their care, possession, custody or control or who knowingly permits a dog to remain on any premises occupied by the person....." Based on the current definition of "dog owner" and the proposed exception to the downtown dog prohibition for people that work downtown, a person working downtown could bring their friend's dog to work. Also like the current dog prohibition in EC 4.427(1), the proposed exceptions to the dog prohibition downtown include an exception for "service animals." EC 4.330 defines a "service animal" as: "Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Consistent with federal rules implementing the Americans with Disabilities Act, a miniature horse that has been individually trained to do work or perform tasks for the benefit of the individual with a disability may also be considered a service animal. The work or tasks performed by a service animal must be directly related to the handlers' disability. Examples of work or tasks include, but are not limited to, assisting individuals who are vision impaired with navigation and other tasks, alerting individuals who are hearing impaired to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition." This ordinance is one piece of a broad range of efforts aimed at improving the public's experience and perception of downtown Eugene. While no single action or ordinance will provide a solution to the current challenges in downtown, the City will continue to work with the community,