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Ordinance No. 20477
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2011 No. 20470-20484
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Ordinance No. 20477
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Last modified
4/2/2012 11:34:38 AM
Creation date
6/29/2011 4:54:08 PM
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Template:
City Recorder
CMO_Document_Type
Ordinances
Document_Date
6/27/2011
Document_Number
20477
CMO_Effective_Date
7/30/2011
Author
Sandra Stubbs
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(1) The director shall have the authority to determine whether any dog has <br />engaged in the behaviors specified in section 4.435. This determination shall <br />be based upon an investigation that includes observation of the dog's <br />behavior by the animal regulation authority employees or by other witnesses <br />who personally observed the behavior, sign a written statement attesting to <br />the observed behavior and agree to provide testimony regarding the dog's <br />behavior, if necessary. The determination may also be based on evidence <br />that the dog's owner was fined or the dog was classified or registered in <br />another state, county or city because the dog engaged in the behaviors <br />specified in section 4.435. <br />(2) The director shall give the dog's owner written notice by certified mail or <br />personal service containing a description of the dog's specific behavior, <br />classification as a potentially dangerous dog and the additional restrictions <br />applicable to that dog by reason . of its classification. If the owner denies that <br />the behavior in question occurred, the owner may appeal the director's <br />decision to the hearings official within 10 days of the date the notice was <br />received by the owner by certified mail or the owner was personally served. <br />(3) The hearings official shall hold a public hearing on any appeal from the <br />director's decision to classify a dog as potentially dangerous. The owner and <br />any other persons having relevant evidence concerning the dog's behavior as <br />specified in section 4.435 shall be allowed to present testimony. The' hearings <br />official shall issue an order containing the hearings official's determination, <br />which shall be final. The hearings official's order may include requirements <br />that the dog's owner pay restitution to the victim, that the dog undergo <br />training, or any other requirement that the hearings official deems reasonable <br />under the circumstances. <br />(4) Once the owner has received notice of the dog's classification as a Level 1 to <br />Level 4 potentially dangerous dog pursuant to subsection 4.440(2), the owner <br />shall comply with the restrictions specified in the notice, within ten days, <br />unless the owner appeals it to the hearings official. If the director's decision is <br />upheld on appeal, the dog's owner shall be liable for the cost of the dog's <br />impoundment. <br />(5) If the director finds that a dog has engaged in Level 5 behavior, the dog shall <br />be impounded pending completion of all appeals. If the director's decision is <br />upheld on appeal, the dog's owner shall be liable for the cost of the dog's <br />impoundment. <br />Section 9 . The City Recorder, at the request of, or with the consent of the City Attorney, <br />is authorized to administratively correct any reference errors contained herein, or in other <br />provisions of the Eugene Code, 1 971, to the provisions added, amended or repealed herein. <br />Passed by the City Council this <br />27 day of June, 2011 <br />dui ---- a-Lail <br />Deputo R corder <br />Approved by the Mayor this <br />day of June, 2011 <br />V�L <br />Mayor <br />Ordinance - Page 4 of 4 <br />
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