Ordinance No. 20477 - Laserfiche WebLink

Home Browse Search

Section 7 . Section 4.435 of the Eugene Code, 1971, is amended to provide as follows: 4.435 Potential) Dan erous Do . (1) The purpose of this section is to establish a procedure whereby dogs that pose a reasonably significant threat of causing serious injury to humans, domestic animals or livestock or property are identified and subjected to precautionary restrictions in order to prevent initial or additional injuries. (a) Level 1 behavior is established if a dog at large is found to menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any domestic animal or livestock. (b) Level 2 behavior is established if a dog at large is found to menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any person or service animal. (c) Level 3 behavior is established if a dog, while at large, bites or causes physical injury to any domestic animal or livestock. (d) Level 4 behavior is established if a dog, whether or not confined, bites or causes physical injury to any person or service animal. (e) Level 5 behavior is established if: 1. A dog, whether or not confined, causes the serious injury or death of any person or service animal; or 2. A dog, while at large, kills any domestic animal; or 3. A dog, while at large, kills any livestock; or 4. A dog engages in or is found to have been trained to engage in exhibitions of fighting; or 5. A dog that has been classified as a level 3 potentially dangerous dog repeats the behavior described in subsection 4.435(1 )(c) after the owner receives notice of the level 3 behavior classification. (2) Notwithstanding subsection 4.435(1), the director shall have discretion to refrain from classifying a dog as potentially dangerous even if the dog has engaged in the behaviors specified in subsection 4.435(1) if the director determines that the behavior was a result of the victim abusing or tormenting the dog or other extenuating circumstances. (3) No dog shall be classified as potentially dangerous if the behavior in question was directed against a trespasser on the property of a business which owns a licensed watchdog, providing the owner has complied with section 4.405. (4) No dog shall be classified as potentially dangerous if the behavior in question was directed against a trespasser that has illegally entered any residence. (5) Upon application of the dog owner accompanied by the fee established by the city manager, the restrictions for a dog classified under subsection 4.435(1) shall be reviewed by the hearings official after six months for dogs classified as Level 1 or Level 2 and after one year for dogs classified as Level 3 or higher. If the dog owner can show that the behavior which caused the classification has been corrected to the satisfaction of the hearings official, then the hearings official may enter an order modifying or deleting the classification. Section 8 . Section 4.440 of the Eugene Code, 1971, is amended to provide as follows: 4.440 Identification of Potential) Dan erous Do s• Appeals Restrictions Pending Appeal. Ordinance - Page 3 of 4