Item 5: An Ordinance Concerning Amendment of Animal Regulations Regarding Service Animals

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ATTACHMENT A ORDINANCE NO. ________ AN ORDINANCE CONCERNING AMENDMENT OF ANIMAL REGULATIONS REGARDING SERVICE ANIMALS AND AMENDING SECTIONS 4.330, 4.335, 4.340, 4.395, 4.410, 4.427, 4.435 AND 4.440 OF THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 4.330 of the Eugene Code, 1971, is amended by adding the definition of “Service animal” to the list of definitions in alphabetical order 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: Service animal. 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. Section 2. Section 4.335 of the Eugene Code, 1971, is amended to provide as follows: 4.335 Animal Abuse . (1) Animal abuse in the second degree. A person commits the offense of animal abuse in the second degree if, except as otherwise authorized by law or as provided in subsection (2) of this section, the person causes physical injury to an animal. (2) Animal abuse in the first degree. A person commits the offense of animal abuse in the first degree if, except as otherwise authorized by law, the person: (a) Causes physical injury to a service animal; or (ba) Causes serious physical injury to an animal; or (cb) Cruelly causes the death of an animal. Ordinance - Page 1 of 5