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ORDINANCE NO. 20649 AN ORDINANCE CONCERNING CHAPTER 4 OFFENSES; ADDING SECTION 4.040 TO THE EUGENE CODE, 1971; AMENDING SECTIONS 4.330, 4.340, 4.731, 4.755, 4.906, AND 4.922 OF THAT CODE; AND AMENDING SECTION 2.773 OF THE EUGENE CODE, 1971 TO MAKE A CORRECTION. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1.Section 4.040of the Eugene Code, 1971, is added to provide as follows: 4.040 Pleading Domestic Violence in Accusatory Instrument. (1) When a crime involves domestic violence, the accusatory instrument may plead, and the prosecution may prove at trial, domestic violence as an element of the crime. When a crime is so pleaded, the words “constituting domestic violence” may be added to the title of the crime. (2) As used in this section: (a) “Domestic violence”means abuse between family or household members. (b) “Family or household members” means spouses, former spouses, adult persons related by blood or marriage, persons cohabiting with each other, persons who have cohabited with each other or who have been involved in a sexually intimate relationship, or, unmarried parents of a minor child. Section 2. Section 4.330 of the Eugene Code, 1971, is amended by adding the definitions of “Domestic animal,” “Equine,” “Minimum care,” “Physical trauma,” and “Tethering” in alphabetical order to that section, and by amending the definition of “Physical injury” to provide as follows: 4.330 Animal Control – Definitions. For purposes of sections 4.330 to 4.500 of this chapter, the following words and phrases mean: Domestic animal. Animal, other than livestock or equines, that is owned or possessed by a person. Equine. A horse, pony, donkey, mule, hinny, zebra or a hybrid of any of these animals. Minimum care. Care sufficient to preserve the health and well-being of an animal. Physical injury. Physical trauma, impairment of physical condition or substantial pain. Physical trauma. Fractures, cuts, punctures, bruises, burns or other wounds. Ordinance - Page 1 of 5