HomeMy WebLinkAboutOrdinance No. 19461ORDINANCE ND, 19451
AN ORDINANCE CONCERNING ANIMAL REGULATIONS, AMENDING SEC-
TIONS 4.345 AND 4.990 DF THE EUGENE CODE, 1971; RENUMBER-
ING SECTIONS 4.350 AND 4.450 OF THAT CODE; AMENDING AND,
RENUMBERING SECTIONS 4.330, 4.340, 4.355, 4.360, 4.365,
4.310, 4.375, 4.385, 4.390, 4.400, 4,405, 4.415, 4.425,
4.430, 4.440, 4.445, AND 4,455 OF THAT CODE; REPEALING
SECTIONS 4.380, 4.410, AND 4.435 OF THAT CODE; ADDING
NEW SECTIONS 4.335, 4.340, 4.350, 4.353, 4.355, 4.365,
4.315, 4.380, 4,400, 4.405, 4.435, 4.440, 4.445, 4.480,
AND 4.490 TD THAT CODE; AND DECLARING AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1, Sections 4.345 and 4.990 of the Eugene Code, 1971 are amend-
ed; Sections 4.350 and 4.450 are renumbered; Section 4.330, 4.340 4.355
a ,
4.360, 4.365, 4.310, 4,375, 4.385, 4.390, 4.400, 4.405, 4.415 4.425 4.430
i ~ y
4.440, 4.445, and 4.455 are amended and renumbered; Sections 4,380 4.410 and
r
4.435 are repealed; and new Sections 4.335, 4.340, 4.350, 4.353 4.355 4,365
} , ,
4.315, 4.380, 4,400, 4.405, 4.435, 4,440, 4.445, 4,480, and 4,490 are added
to that Corley all to read and provide:
An i mal,.,_Re~ul„ at i ons
4.330 Animal Control -Definitions, Far purposes of sections 4.330 to
4.490 of this chapter, the following words and phrases mean:
Animal. Any nonhuman mammal, bird, reptile, amphibian or
fish.
Animal a enc . Any public or private organization whether
called a pound, kennel, shelter, society, or the like, that con-
trols, shelters, cares for or disposes of dogs and cats as all or
apart of the purposes of the organization. Animal agency does
not include a veterinarian in private practice. Animal a enc
does include the a enc ' g y
g y s officers, agents and employes when act-
ing in the name of or on behalf of the agency.
Animal control officer. The person employed by the Animal
Regulation Authority and empowered to enforce provisions of sec-
t~ons 4.330 to 4.490.
Animal re ulation authorit . The animal control enforcement
authority appointed by the city manager to enforce and administer
the provisions of sections 4.330 to 4.490.
Ordinance - 1
Animal technician. A person
vision of
a veterinarian and
performing duties under the super-
~a} is an animal technician as defined in ORS 686.350,
or
fib} has received a certificate in animal technology or
a comparable certificate from a recognized college or univer-
sity approved by the Oregon State veterinary Medical Examining
Board or by the American veterinary Medicine Association.
At lame. A dog or other animal inside the corporate limits
of the city, off the premises of the owner, and not under complete
control by adequate leash. Excepted from this definition are dogs
~n obedience or field training exercises under the direct super-
vision of a handler in areas designated and posted by the city and
dogs on exhibition in dog shows.
Barkin do . A dog which persistently barks or howls and
thereby unreasonably deprives a person of peace and quiet.
Commercial breedin kennel. A place of business for the breed-
ing and/or selling of dogs. The term is not intended to include an
animal hospital ar noncommercial kennel.
Commercial kennel. A place of business where dogs are boarded,
No more than two of the dogs shall be used for breeding. The term
is not intended to include an animal hospital ar noncommercial
kennel.
Continuous announce. Permit any animal to cause annoyance,
alarm or disturbance for more than 15 continuous minutes at an
time of the da or n' y
y ~ght, be it repeated barking, whining, screech-
~ng, howling, braying or other like sounds which can be heard be-
yond the boundary of the owner's property.
Dan erous animal. Any animal, other than a dog, which has the
propensity to bite or attack any person without provocation and the
capacity to inflict serious harm on that person. ~t shall be re-
sumed that an animal p
y , other than a dog, which has i n jured a human
bey ng an two occas ~ ons w~ thout provocati an i s a don erous animal .
Directo ~ g
_. ,,,, ,, r. The adm~ n~ strati ve head of the animal regu1 ati on
authority.
Doi. Any mammal of the Canidae family.
Do owner. Any person who is the licensed owner of ado , or
who has a ri ht of ro e g
g p p rty ~n a dog, or who harbors a dog or who
has ~t ~n his/her care, possession, custody or control or who know-
~ng1y permits a dog to remain on any premises occupied by him her.
Except for purposes of sect~ans 4.425 and 4.430, owner does not in-
clude veterinarians or commercial kennel operators tem oraril
maintainin on th ' p y
g ear premises for a period of less than 30 days
dogs owned by other persons.
Any person, except a veterinarian or commercial kennel o era-
tor who resides where p
a dog ~s kept, harbored or cared far shall
be presumed to be the owner of that dog. This presum tion ma be
rebutted b rao .p ~ y
y p f that such person has no property right ~n the
dog, ~s not the licensed owner, and is neither harborin nor Garin
for the do , g g
g
Euthanasia. Putting an animal to death in a humane manner b
Y
a licensed veterinarian or a certified euthanasia technician.
Good animal husbandr . Includes, but is not limited to the
Ordinance - 2
dehorning of cattle, the docking of horses, sheep or swine, and the
castration or neutering of livestock, according to accepted prac-
t~ces of veterinary medicine or animal husbandry.
Nearin~s official. A person appointed by the city manager to
hear and determine mmatters as provided in sections 4.330 to 4.490.
Industrial zone. Property zoned as "industrial" by Chapter 9
of this Code.
Leash. Any humane device constructed of rope, leather strap,
chain or other sturdy material not exceeding eight feet in len th,
bein held in the h ~ g
g and of a person capable of controlling the an~-
ma1 to which it is attached.
Livestock. Includes but is not limited to any cattle, shee ,
horse oat swine fa ~ ~ .p
g wl, and any furbear~ng an~ma1 bred and ma~n-
tained commercially or otherwise within pens, cages and hutches,
Mu A device constructed of strong, raft material or
metal that complies with specifications to be adopted by the direc-
tor. The muzzle must be made in a manner that wi11 not cause in-
jury to the dog or interfere with its vision or respiration, but
must prevent it from biting any person or animal.
Neutered. The removal of the ovaries and uterus, ovarian
hysterectomy, in female dogs. The removal of the male onads in
male do s, An oche ~ ~ .g
g y r method of neutering a dog which ~s cert~f~ed
and performed by a licensed veterinarian.
Noncommercial do kennel. An establishment or premises where
three or more lags, over six months of age, are ke t or maintained.
p
No more than two of the dogs sha11 be used for breedin . The term
does not include g
any animal hospital.
Pet or domestic animal. Any animal that is owned or assessed
b a arson other th p
y p an livestock,
Ph s i cal i n jur . I~npai anent of physical condition or substan-
tial pain.
Police service do . A dog used in police work under the con-
trol of a peace officer as defined in ORS I6I.OI5, whether ar not
the dog ~s being so used at the time in question. Unless s ecifi-
call referred to th ~ ~ p
Y ere~n, neither a police service dog ar its
handler are subject to any of the restrictions or re ulations con-
tained in section g
s 4.330 to 4.495 of this chapter.
Possess. To have physical possession or otherwise to exercise
dominion or control over property.
Potentiall don Brous do , A dog that has been found to en-
gage in behavior specified in section 4.435.
Private ractice of veterinarian medicine. The private rac-
tice of veterinarian mad' ~ .p
~c~ne has its ordinary meaning, and includes
private animal hospitals or clinics under the supervision or control
of a veterinarian. The phrase also includes the a ants and em to es
of a rivate g p y
p animal hospital and clinic when acting in the name of
or on behalf of such hospital or clinic.
Put to death. The taking of an act or series of actions for
the purpose of intentionally causing death.
Secure enclosure. A structure in which an animal is confined
such that the animal does not have access to humans ar other ani-
mals. The structure will not be less than eight feet lon ,four
feet wide and five g
feet tall. If the floor is not concrete, the
Ordinance - 3
outside walls must extend inta the ground not less than one foot
to prohibit the digging aut of the animal. The tap of the struc-
ture must be covered.
Seri ous,_„_physi cal,,,,,, injury. Physical injury which creates a sub-
stantial risk of death or which causes serious and rotracted dis-
fi uremen p
g t, protracted impairment of health or protracted loss or
~mpa~rment of the function of any bodily organ.
Veterinarian. A person licensed by the State of Oregon to
practice veterinarian medicine,
Watchdog. A dag confined at a business for the exclusive use
of protecting people or property of said business.
4.335 Animal Abuse.
~1} Animal abuse in the second de ree. A person commits the crime
of animal abuse ~n the second degree if, except as otherwise authorized b
law, the erson intentional) k ~ ~ Y
,p y, now~ngly or recklessly causes physical injury
to an an ~ ma1.
~2} Animal abuse in the first de ree. A person commits the crime
of animal abuse ~n the first degree if, except as otherwise authorized b
y 1 aw,
the person intentionally, knowingly or recklessly;
~a} Causes serious physical injury to an animal; or
fib} Cruelly causes the death of an animal.
~3} Any practice of good animal husbandry is not a violation of
this section.
4.340 Animal Ne lect.
~1} As used in this section, "minimum care" means care sufficient
to preserve the health and well-being of an animal and, exce t for emer en-
cies or circumstances be and p g
y the reasonable control of the owner, includes,
but is not limited to, the fallaw~ng requirements:
~a} Food of sufficient quantity and quality to allow for nor-
mal growth ar maintenance of body weight.
fib} Dpen or adequate access to potable water in sufficient
quantity to satisfy the animal's needs. Snow or ice is nat an ade-
quate water source.
~c} ~n the case of pet or damestic animals, access to a barn
dog house ar other inclosed structure sufficient to rotect the
animal from wind r ' p
a7n, snow or sun and which has adequate bedding
to protect against cold and dampness.
~d} veterinary care deemed necessary by a reasonabl rudent
erson to relieve disc y p
p ress from ~n~ury, neglect or disease.
fie} Pet or domestic animals shall not be confined to an area
without adequate space for exercise necessary for the health of the
animal or which does not allow. access to a dry place for the animal
to rest. The air temperature in a confinement area must be suit-
able for the animal involved. Canfinement areas must be ke t rea-
sonabl c1 can and free f p
y rom excess waste or other contaminants
which could affect the animal's health.
~~} Animal ne lect in the second de ree. A erson commits the
came of an ~ mal ne p
glect ~n the second degree if, except as otherwise author-
ized by 1 aw, the person intentionally, knowi ng1 y, reckl essl yr with '
y cry m~ nal
Ordinance - 4
negligence fails to provide minimum care for an animal in such person's cus-
tody or control.
~3} Animal neglect in t,he,first degree. A person commits the
crime of animal neglect in the first degree if, except as otherwise author-
ized by law, the person intentionally, knowingly, recklessly or with criminal
neg1~gence:
~a} Fails to provide minimum
son's custody or control; and
fib} Such failure to provide
injury or death to the animal.
care far an animal in such per-
care results in serious physical
4.345 Exem tion for Livestock, Rodeo Animals and Commercia1l Graven
Poult~. Unless gross negligence can be shown, the provisions of
sections 4.335 and 4.34D shall not apply to the treatment of livestock being
transported by owner or common carrier, animals involved in rodeos or similar
exhibitions or commercially grown poultry.
4.350 Animal Abandonment.
~~} A person commits the crime of animal abandonment if the person
intentionally, knowingly, recklessly or with criminal negligence leaves a
domesticated animal at a location without providing for the animal's contin-
ued care.
~2} ~t is no defense to the crime defined in subsection ~1} of
this section that the defendant abandoned the animal at or near an animal
shelter, veterinary clinic or other place of shelter if the defendant did not
make reasonable arrangements for the care of the animal.
4.353 Forfeiture of Ri hts in Mistreated Animal; Costs; Dis osition of
An i ma1,
~1} In addition to and not in lieu of any other sentence it may
impose, a court may require a defendant convicted under 4.335 to 4.35o to
forfeit any rights of the defendant in the animal subjected to abuse ne lect
g
or abandonment, and to repay the reasonable costs incurred by any erson ar
p
agency prior to judgment in caring far each animal subjected to abuse, neg-
lect ar abandonment,
~2} when the court orders the defendant's rights in the animal to
be forfeited, the court may further order that those rights be iven over to
the animal re ulat' g
g ion authority for further disposition in accordance with
this chapter. This subsection sha11 not constitute or~authorize an limita-
tion u on the ri ht of ~ y
p g the animal regulat~an authority. A transfer of rights
under this subsection canst~tutes a transfer of ownership.
4.355 involvement in Animal Fi htin .
~1} As used in this section, "exhibition of fighting" means a
public or private display of combat between two ar mare animals in which the
fighting, killing, maiming or injuring of animals is a si nificant feature.
"Exhibition of g
f~ght~ng does not include demonstrations of the hunting or
tracking ski 11 s of an animal or the 1 awful use of animals for huntin track-
g
ing ar self-protection,
Ordinance - 5
~2~ A person commits the crime of involvement in animal fighting
if the person:
~a~ Owns ar trains an animal with the intention that the ani-
mal engage in an exhibition of fighting; ar
fib} Promotes, conducts, participates in or is present as a
spectator at an exhibition of fighting or preparations thereto; or
~c~ Keeps ar uses, or in any way is connected with or inter-
ested in the management of, or receives money for the admission of
any person to,any place kept or used far the purpose of an exhibi-
t~on of f~ght~ng; or
~d~ Knowingly suffers ar permits any place over which the
person has possession or control to be occupied, kept or used for
the purpose of an exhibition of fighting,
~3~ Nothing in this section applies to or prohibits any customary
practice of breeding or rearing game cocks even though those cocks may be
subsequently used in cock fighting exhibitions outside the State of Oregon.
4.36D Entr Onta Private Land, Any animal control officer or any peace
officer shall have the privilege of entering onto private land in
the course of the officer's duties in enforcing the provisions of this code,
but such officer shall not enter into any building ar dwelling without 1e a1
g
authorization or permission of the owner ar occupant of the premises.
4.365 Care of stra Animals. All persons must turn over to the animal
regulation authority stray animals immediately after the person
exercises authority over the animal or must notify the animal regulation auth-
ority of the description of the animal and the address where the animal is
being kept and retain possession of the animal for three days after the ani-
mal regulation authority is so notified.
4.31o ~mpaundment of Animals.
~1~ Any peace officer or animal control officer may impound an
animal that ~s in v~olat~on of this code,
~2} The animal regulation authority shall impound an animal if the
owner of the animal has not pasted bail or paid a fine for a violation of
this code imposed by the municipal judge. For any animal so seized the notice
and d~spos~t~on of the animal shall be in the same manner as for licensed
dogs under the provisions of this code,
~3} Any person whose property has been trespassed upon by any do
~n v~o1at~on of this code or g
who observes a dog trespassing upon the property
of another, or who observes a dog killing, chasing or injuring livestock ma
immediatel a rehend that do y
y pp g and hold the dvg until delivery to an animal
control officer, or to any peace officer. Any person who so impounds ado
must immediatel notif the ~ ~ g
y y animal regulation authority of such impoundment,
No person who has impounded a dog under this subsection shall fail to notif
the animal re u1 ati on ~ y
g authority ~mmed~ately,
~4~ If an animal control officer or a peace officer has probable
cause to believe that a dog is a potentially dangerous dog, then he/she shall
impound the dog and hold the dog until such hearing an said alleged viala-
Ordinance - 6
bons, or until the dog is to be disposed of pursuant to section 4.385 of
this chapter.
~ 5} I f an animal control officer ar a peace officer has probabl e
cause to believe that any animal which is in an unoccupied motor vehicle may
be in danger of dying, then they may enter the motor vehicle and impound the
animal and leave a notice in the vehicle where the animal may be reclaimed.
~6} If there is probable cause to believe that any animal is being
subjected to treatment ~n violation of 4.335 to 4.350, a peace officer, after
obtaining a search warrant in the manner authorised by law, may enter the
premises where the animal is being held, provide food and water and impound
such animal. If after reasonable search the owner or person having custody
of such animal cannot be found and notified of the impoundment, such notice
shall be conspicuously posted on such premises and within 72 hours after the
impoundment such notice shall be sent by certified mail to the address, if
any, at which the animal was impounded.
4.375 Failure to surrender Animal. No person shall fail to surrender an
animal to a person identifiable as an animal control officer or a
peace officer upon their demand, so that the animal can be impounded as pro-
vided for by this chapter.
4.350 Resistin an Animal Control Officer or Peace Officer.
~~} "Resists" as used in this section means the use or threatened
use of violence, physical force or any other means that creates a substantial
risk of physical i n jury to any person.
~2} No person shall intentionally resist someone known by him or
her to be a peace officer or an animal control officer who is enforcin an
rovision of this cha g y
p pter.
4.385 Im oundin Re ulations and Dis asition of Im ounded Animals.
~I} The animal regulation authority shall keep any animal impound-
ed for the period of time herein specified. A daily record of such animals
shall be kept at the place of impoundment and shall be made available to the
public. The animal regulation authority shall dispose of such animals in
accordance with the following provisions:
~a} An unlicensed dog or a dog far which the owner is unknown
which has not been redeemed within 72 hours after Impoundment may
be sold, adapted or destroyed.
fib} A licensed dog or a dog for which the owner is known
which has not been redeemed within I20 hours of notification of
the owner by telephone contact or by mailing or by posting at the
owner's dwelling the impoundment notice may be sold, adopted or
destroyed.
~c} Except when state law mandates a different disposition
procedure, all animals other than dogs shall be disposed of as pro-
vided in subpart 4.385~I}~a}.
~2} Except as provided in subsection 4.385~~}, the animal regula-
tion authority shall notify the owner by telephone or by the mailing of an
impoundment notice within 24 hours after impoundment that the animal will be
destroyed within l20 hours after such notification. The impoundment notice
Ordinance - 7
shall advise the owner of the place where the animal is kept, the procedures
required for the redemption of the animal, the fees far the impoundment,
daily care and redemptian, and the consequences of failure to redeem the
an ~ mal .
~3} any animal unclaimed within 24 hours of a court order author-
izing the redemptian ar release shall be destroyed, adopted or sold.
~4} If an order is entered by the municipal judge for an animal to
be destroyed, execution of the order may be stayed for up to five years from
the date of said order, providing that the dog owner and the director present
an agreement for approval to the municipal judge signed by both parties and
providing:
ta} For restitution to be paid to the person injured, if
applicable, ~nclud~ng damages resulting from the injury to or des-
truction of livestock, and
fib} For safeguards that will help to ensure the chance that
the animal does not engage in such conduct again, including, but
not limited to, requirements that the owner build a run for the
animal before it is released, fence his or her yard or have the
animal live elsewhere in a secure setting, and agree not to own
any other animal an the property where the owner resides, and
~c} That if the animal is found in violation of the safe-
guards that have been imposed, that it may be immediately impound-
ed by an animal control officer, a peace officer or any other per-
son and destroyed by the animal regulation authority without a
further hearing, unless the animal owner requests a hearing in
writing to the animal regulation authority within 24 hours after
the animal owner is notified that the animal is impounded. If the
owner cannot be personally notified that the animal has been im-
pounded, the animal may be destroyed four days after a notice of
impound is mailed to the owner's last known address, unless the own-
er requests a hearing before then. The hearing will be limited to
a determination as to whether the agreement has been violated.
~5} In the event a notice of appeal is filed, the animal shall not
be destroyed until the d~spositivn of the appeal, if one is filed in a timel
y
manner.
~6} Notwithstanding the previous subsections, any animal given to
the animal regulation authority by the owner for disposition ma be destro ed
y y
immediately, ar, in the alternative adopted or sold to any person, unless the
owner of the animal specifically requested the animal be destroyed, in which
case it shall be destroyed.
4.390 Im oundment - Redem tian and Sale.
~1} Redemption of an impounded animal shall be made by exhibitin
satisfactor roof of ownershi ~ ~ g
Y p p and by paying the follaw~ng required fees
and charges:
~a} Impoundment fee;
fib} Daily care fee;
~c} License and rabies vaccination fees, if required; and
~d} Medical care fees, if required.
~2} Impounded animals may be sold, adopted or destroyed after the
app1 ~ cabl a hot di ng time.
~3 } 4~hen an animal i s sold or adopted out by the animal re u1 ati on
g
Drdinance - 8
authority, the purchaser shall pay any required license and rabies vaccina-
tion fees.
~4} No impoundment charge shall be made for an animal released
after the municipal court's determination that no violation occurred.
. ~5} No live animal shall be used, said or given by the animal
regulation authority for surgical or medical demonstration or research.
~6} Except as otherwise provided, if after 7~ hours an impounded
animal cannot be sal d, the animal regulation authority i s authorized and
empowered to destroy the animal by any humane method permitted under state
law.
~7} If an animal is adopted or sold from the animal regulation
authority or from any other agency which accepts unwanted or abandoned ani-
mals, the owner must have the animal spayed or neutered within six months
from the date of sale if the animal is too young to be spayed or neutered
immediately. If an animal aver six months old is adopted or sold by an
agency which accepts unwanted or abandoned animals, the animal shall be s a -
ed or neutered within one mo p y
nth after ~t ~s turned over to its new owner.
The new owner shall not fail to comply with this subsection.
~8} No person who is the owner of an animal shall fail to reclaim
~t from the animal regulation authority within the time specified in the
notification that the animal is ready to be released.
4.395 Licenses, Fees and Exce tions.
~1} Do licenses.
~a} Every awner of a dog which has a set of permanent canine
teeth or has attained the age of six ~5} months, whichever event
occurs first, shall immediately obtain a license for the dog. If
the dog owner moves into the city and his/her dog does not have a
current Lane County dog license, the awner must obtain a license
within five days of moving into the city.
. fib} Licenses shall be valid for one ~1} year from the date
of issuance or until the sale or gift of the dog, whichever first
occurs.
~c} No license shall be issued until a certificate of vac-
c~nat~on for rabies, valid for the license year, is presented to
the dog control authority or duly authorized issuer.
~d} Dog owners shall renew the dog license before it becomes
delinquent for as long as they own the dog.
fie} A license tag Issued to a dog awner sha11 be attached
securely to a collar or harness on the dog for which it is issued,
If a license tag is lost, the owner may obtain a duplicate license
tag upon satisfactory proof of loss and payment of the required
fee.
~2} A dog license fee sha11 be charged in the amount provided
below. The fee is due and payable upon the issuance of the license. A er-
son who urchases a kennel licen p
p se does not have to license the individual
dogs as long as they live at the kennel. Also, a person who urchases a
p
license for a commercial breeding kennel need not also obtain a commercial
kennel or noncommercial kennel license, and a person who urchases a commer-
c~a1 kennel l~cens p •
e need not obtain a nancommerc~al kennel license ~f they
choose to operate such a kennel. Fees sha11 be as follows:
Ordinance - 9
Dog license ........................................ $ 10.00
Dog license/neutered dog ........................... S,Oo
Dog license senior citizen 65 or over .............. 5.00
Duplicate license .................................. 2.00
Noncommercial kennel license ....................... 25.00
Commercial kennel license .......................... 50.00
Commercial breeding kennel ......................... 100.00
three to 10 dogs over six months old, kept
for breeding per year}
Commercial breeding kennel ......................... 200, o0
X11 dogs or more over six months old kept
for breeding per year}
Impoundment ....................................... 20.00
Daily care per day maximum} ...................... 8.00
Watchdog Permits .................................. 25.00
Potentially dangerous dog ......................... 25.00
~3} License Fees - Exce tions.
~a} No license fee shall be required for any dog owned by a
blind person who uses the dog as a guide. A license shall be issued
for such dog upon proper proof of rabies vaccination and upon fil-
~ng of an aff~dav~t by the blind person showing such dog to came
within this exemption. Such affidavit shall be filed with the ani-
mal regulation authority.
fib} Only as part of a publicized city-wide campaign to license
dogs owned by residents of the city and far a period not to exceed
30 days, periodically the city manager may waive all or part of the
neutered dog license fee required in subsection ~2} of this section.
~4} After application upon a form to be provided by the animal
regulation authority, a permit may be issued to the licensed owner of ado
to use that do as a watc ~ ~ ~ .g
g hdog. The fee for such permit shall be ~n addition
to the ~nd~v~dual dog license fee.
~5} 1f a dog is classified as a potentially dangerous dog, the
owner will purchase a separate license for a potentially dangerous dog as
well as a regular dog license.
4.400 Kennel License.
~1} No person shall operate a kennel, whether commercial or non-
commerc~al, without the appropriate kennel license. Kennel licenses shall be
valid from one year from the date of issuance.
~2} No kennel license shall be issued under this section to anyone
~n nonconformity with chapter 9 of this code.
~3} The following provisions shall govern revocation of licenses:
~a} Three or more violations of sections 4.330 to 4.490 of
this chapter within a period of 12 calendar months shall result in
a revocation of licenses granted under this section,
.fib} Such revocation may occur after a hearing before the
hearings offTC~a1 and after the licensee has been mailed a notice
of a time to appear at least five days in advance of the hearing.
Such notice shall include a general statement of the reasons for
commencing the revocation proceedings.
~c} The decision of the hearings official shall be final.
Ordinance - 10
4.405 Uses of ~atchdo . Any business using a watchdog shall conspicu-
ously post the premises to warn the public of the watchdog. The
dog shall not be allowed access to the public that is on the property Burin
g
business hours. If the dog is used outside of a building, the property shall
be fenced in away to prohibit the dog access to any public right-of-way and
other property.
4.410 Rae ort~,nc~o,f Bi ti~cn ,, Animals. The owner of an animal suscepti b1 e to
rabies which b~~tes a human being shall immediately notify the ani-
mal regulation authority or the Lane County Health Officer of such bite, the
time and circumstances of such bite and the name and address of the person
bitten, if known.
4.415 Bitin and Rabid Animals - Quarantine.
~1~ when the animal regulation authority, Eugene Police Department,
or the departments of public health and human services or public safety of
Lane County has grounds to suspect that an animal is infected with the dis-
ease of rabies, there shall be delivered to the owner of the animal a written
notice thereof. The animal shall thereupon be quarantined at the owner's
expense as provided by state law. The biting of any person by the animal
shall constitute adequate grounds for suspecting the animal to be so infected.
The delivery of the notice to a member of the owner's family 15 years of a e
or older at the remises where g
p the animal ~s kept or at the owner's usual
place of abode, shall be delivery of notice to the owner.
~2~ Any animal that has been bitten by another animal proved to
be rabid shall be destroyed.
43~ If.an animal exhibits symptoms of rabies while it is under
quarantine, the director of the department of health and human services for
Lane County may order in writing that it be destroyed and its head be sub-
mitted as directed to the Oregon State Public Health Laboratory.
4.40 Sick or Injured Animals.
~1} Any sick or injured animal found by a peace officer ar animal
control officer off the premises of its owner shall be delivered to its
owner if it is feasible to do so. Any such animal for which the owner is
either unknown or cannot be reached after reasonable attempts to do sa ma
be delivered b the animal re ~ .y
f y gulat~on authority to a veterinarian for medical
treatment if the animal regulation authority reasonably believes that such
treatment is necessary. The veterinarian shall determine whether the animal
is sv severely injured or incurably crippled that the humane thin to do
would be to destro t ~ g
y he animal. If a determination ~s made to destroy the
animal, the animal may be destroyed immediately. If the veterinarian deter-
mines treatment should be given, such treatment may be given; ravided how-
ever the anim ~ p, ~ '
al may be destroyed ~ f not cl a~ med by ~ is owner w~ th ~ n 7~ hours
after being delivered to the veterinarian,
~2~ Any peace officer or animal control officer may humanely des-
troy any animal too severely injured to move and not on the property of its
owner, when the owner is either unknown or cannot be reached after reasonable
attempts to do sa.
Ordinance - 11
~3} Arrangements for fees, selection of veterinarians, liability
of veter~nar~ans, etc., shall be as determined by separate contracts between
the animal regulation authority and individual veterinarians.
44} The owner of the animal shall be liable to the veterinarian
and to the animal regulation authority far all expenses which are incurred
for the care of said animal.
4.45 Do sat Lar e Prohibited.
~~} No dog owner shall permit a dog to be at large.
~~} A dog owner is deemed to be negligent per se far the actions
of a dog at large when the dag causes injury to a person or property.
4.430 Continuous Anno once. No animal owner shall permit any animal to
cause continuous annoyance.
4.435 Potentiall Dan Brous Do .
~1} The purpose of this section is to establish a procedure where-
by dogs that pose a reasonably significant threat of causing serious injur
y
to humans, domestic animals or livestock or property are identified and sub-
jected to precautionary restrictions before such injury has occurred.
~a} Level ~ 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 ani-
mal or livestock.
fib} Level 2 behavior is established if a dag at large is
found to menace, chase, display threatening or aggressive behavior
or otherwise threaten or endanger the safety of any person.
~c} Level 3 behavior is established if a dag, while at large,
bites or causes physical injury to any domestic animal which is not
livestock.
~d} Level 4 behavior is established if a dog bites any erson.
p
fie} Level 5 behavior is established ~f:
1. A dag, whether or not confined, causes the serious
injury or death of any person; or
~. A dog, while at large, kills any domestic animal; or
3. A dog, while at large, bites or causes physical in-
jury to livestock; ar
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 4 paten-
tia1ly dangerous dog repeats the behaviar described in subsec-
tion 4.4351}~d} after the owner receives notice of the level
4 behavior classification.
~2} Notwithstanding subsection 4.4351}, the director shall have
d~scret~on to refrain from classifying a dog as potentially dangerous even
if the dog has engaged in the behaviors specified in subsection 4.4351} if
the d~rectar determines that the behavior was a result of the victim abusin
g
or tormenting the dog or other extenuating circumstances.
~3} No,dog shall be classified as potentially dangerous if the
behavior ~n question was directed against a trespasser on the property of
Ordinance - 12
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
behav~ar ~n question was directed against a trespasser that has illegally
entered any residence.
~5} Upon application of the dog owner accompanied by the fee estab-
l~shed by the city manager, the restrictions for a dog classified under sub-
section 4.4351} 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 classi-
fied 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 hear-
ings official, then the hearings official may enter an order modifying or
deleting the classification.
4.440 Identification of Potentiall Dan erous Do s; A eals, Restrictions
Pendin A eat .
~1} The director shall have the authority to determine whether any
dog has engaged in the behaviors specified in section 4.435. This determina-
t~on shall be based upon an investigation that includes observation of the
dog's behavior by the animal regulation authority employees or by other wit-
nesses wha personally observed the behavior, sign a written statement attest-
ing to the observed behavior and agree to provide testimony regardin the
do 's behavior if g
g , necessary.
~~} The director shall give the dog's owner written notice by cer-
t~f~ed mail or personal service containing a description of the dog's s e-
cific behavior classific p
,, anon as a potentially dangerous dog and the addi-
t~onal restr~ct~ons applicable to that dog by reason of its classification.
If the owner denies that the behavior in question occurred, the owner ma
y
appeal the director's decision to the hearings official within 10 days of
the date the notice was received by the owner by certified mail or the owner
was personally served.
~3} The hearings official shall hold a public hearing an any
appeal from the director's decision to classify a dog as potentially don er-
ous, The owner and ~ ~ g
any other persons having relevant evidence concerning
the dog's behavior as specified in section 4.435 shall be allowed tv resent
test~mon . The hearin ~ ~ ~ p
y gs official shall issue an order canta~n7ng his or her
determination, which shall be final.
~4} Once the owner has received notice of the dog's classification
as a Level 1 to Level 4 potentially dangerous dog pursuant to subsection
4.440~~}, the owner shall comply with the restrictions specified in the
nonce, unless the owner appeals it to the hearings official.
~5} 1f the director finds that a dog has engaged in Level 5 behav-
ior, the dog shall be impounded pending completion of all appeals. If the
director's dec~s~on is upheld on appeal, the dog's owner shall be liable for
the cast of the dog's impoundment.
4.445 Re ulation of Potentiall Dan erous Do s.
~~} 1n addition to the other requirements of sections 4.330 to
4.490, the owner of a potentially dangerous dog shall comply with the follow-
i ng additional regulations:
Qrdinance - 13
~a} If the dog has engaged in Level 1 behavior, the dog shall
be restricted by a physical device or structure that prevents the
dog from reaching any public right-of-way or adjoining property
whenever the dog is outside the owner's home and not on a leash off
the owner's property.
fib} If the dog has engaged in Level 2 behavior, the owner
shall confine the dog within a secure enclosure whenever the dog
is not on a leash off the owner's property or inside the home of
the owner.
~c} If the dog has engaged in Level 3 behavior, the owner
shall meet the requirements of subpart 4.445~b} and shall also
post approved warning signs on the property where the dog is kept.
~d} If the dog has engaged in Level 4 behavior, the owner
shall meet the requirements of subpart 4.445~c} and shall, addi-
tionally, not permit the dog to be off the owner's property unless
the dog is muzzled and restrained by an adequate leash and under
the control of a capable person over the age of 18.
fie} Any dog that has been found to have engaged in Level 5
behavior may be euthan~zed. In addition, the hearings official
has the authority to suspend, far a period of time, the dog owner's
right to be the owner of any dog in the city, including dogs cur-
rently awned by that person.
~f} To ensure correct identification, all dogs that have
been c1ass~f~ed as potentially dangerous shall be marked with a
permanent identifying mark. The dog will also be required to wear
an ~dent~fy~ng collar and ID tag.
fig} In addition to the normal licensing fees established in
section 4.395, the annual fee far potentially dangerous dogs shall
be paid at the time of the classification and annually thereafter
at the time of license renewal.
~2} No person shall own a dog in violation of this section or of
the hearings off~c~al's order under subpart 4.4451}fie}.
4.450 Dangerous Animals.
~~} No person who is the owner of a dangerous animal, or who has
a right of property in, or who harbors, has in his care, possession, custod
y
or control a dangerous animal, shall allow a dangerous animal to be exposed
to the public.
~2} A dangerous animal which has been exposed to the public may b~
impounded by any peace officer or animal control officer and disposed of in
accordance with the provisions of this code for the impoundment and disposi-
tion of animals, except, before a dangerous animal is released, the munici a1
jud e must enter findin s ~ ~ p
g g that proper precautions w~11 be taken to insure the
public health and safety.
~3} A dangerous animal running at ]arge which because of its dis-
pos~t~on or diseased cond~t~an is too hazardous to apprehend may be destroyed
by a peace officer, animal control officer, or by a person acting in defense
of himself or another person.
4.455 Livestock Not to Run at Lar e. No person who is the owner or kee er
of 1 i vestock shal 1 p
permit or allow the same to run or be at large
or to be on or enter the premises of another person.
Ordinance - 14
4.460 Parkin or Tetherin Horses on Streets Prohibited, No person who
is the owner or keeper of a horse shall park it or tether it on a
public way or allow it on a public way or in a park except under the direct
control of a qualified person.
4.465 Do Waste Matter, It shall be unlawful for a dog owner to allow
the dag, except for seeing eye dogs, to deposit solid waste matter
on any improved property other than that of the dog owner. ~t shall be a de-
fense to this section if the dag owner immediately removes the solid waste.
4.41o Dead Animals - Removal of Carcasses. No person shall knowin 1
gY
permit an animal carcass owned by him to remain an public property
or to be exposed on private property.
4.475 Animal Euthanasia.
~~} .No animal agency may put to death a dog or cat by any means
other than an ~nd~v~dual ~n~ection of sodium pentobarbital administered b
y
a veterinarian, animal technician or person licensed by the Oregon State
Veterinary Medical Examining Board to administer sodium entobarbital.
2 p .
~ } No veterinarian ~n private practice of veter~nar~an medicine
may put to death a dog or,cat under his or her care, custody or control b
any means other than the ~ndiv' ~ ~ y
dual ~n~ect~on of a drug administered by the
veterinarian or animal technician.
4.480 Sellin , Tradin , 8arterin or Givin Awa Animals in Certain Loca-
tions Prohibited. No person shall sell, trade, barter or give or
offer to give away any animal to another person in a city ark or ro ert
owned b the cit , p p p y
y y
4.455 Sale, Etc., of Bab Chicks, Ducklin s, Goslin s or Rabbits.
~1} No baby chick, duckling, galling ar rabbit that has been d ed
ar otherw~ se colored arty f i ci al 1 y
y may be sold or offered for sale, raffled,
offered or given as a prize, premium or advertising device or dis la ed in a
store, sho carnival or of p y
p ~ her publ ~ c place .
~2} Baby chicks, ducklings and goslings younger than four weeks
of age may not be sold or offered for sale, raffled or offered or iven as
a ri ze remi um or ado g
p ~ p ert~sing device in quantities of less than 12 birds
to an ~nd~v~dual person.
~3} Stares, shops, vendors and others offering baby chicks, duck-
l~ngs ar goslings for sale, raffle or as a prize, premium yr advertisin
device or dis 1a in chicks d g
p y g , uckl~ngs or goslings to the public shall pro-
vide and operate brooders or other heating devices that may be necessar to
maintain the chicks ducklin y
,gs or goslings ~n good health and shall keep
adequate food and water available to the birds at all times.
4.490 Des ~,n Seaso,n~Estrus ~. No person shall permit ado i n heat
g
{estrus} to be accessible to male dogs not in the person's owner-
ship, except for intentional breeding purposes.
Ordinance - ~5
4.500 Interference with a Police Service Do .
~ ~ } No person shal 1 intentionally, knowingly, or recklessly kill ,
inure, torment, kick, strike, stone, interfere with, or tamper with a police
service dog while the dog ~s being caged, kenneled, transported, exhibited,
exercised, or engaged 1n discharging or attempting to discharge any lawful
duty or function.
~2} Na person shall cause or direct any animal to attack or other-
wise interfere with a police service dog while the dog is being caged, ken-
neled, transported, exhibited, exercised, or engaged in discharging or
attempting to discharge any lawful duty or function.
~3} A peace officer may destroy an animal attacking a police ser-
v~ce dog Tf no lesser means are reasonably available to prevent injury to
the police service dog,
4.990 Penalties - S ecific.
~1} Violation of section 4.615 to 4.650 is punishable as follows;
~a} A person found by the court in a civil action brought
pursuant to section 4.6455}~a} to have engaged in an unlawful
practice is subject to a fine of not more than $1,000 for each
occurrence thereof. The city shall be required to prove an act
of discrimination under this section by a preponderance of the
evidence.
. fib} A,person found guilty of having intentionally and
willfully violated the provisions of sections 4.615 to 4.650 or a
person found guilty of violating those provisions a second or
additional time sha11 be subject, upon conviction in the munici al
p
court, to a fine of not more than $1,000 or shat] be subject to
imprisonment of not mare than 100 days, or bath such fine and
imprisonment.
~2} Violation of sections 4.045 to 4.075, 4.450, 4.770, 4,795
4.835 to 4.850, 4.860, '
4.872 to 4.579 and any regulations adapted under those
sections, 4.895, 4.925, 4.965 to 4.975, and 4.981 to 4.983 is unishable b
fine not to exceed p y
$500,
~3} The willful violation of sections 4.872 to 4.579 and an re u-
lations ado ted under those se ~ ~ y g
p , ct~ons or the willful v~olat~on of any other
section of this chapter punishable by fine only while on the mall as defined
~n section 4.871 ~s punishable by a fine not to exceed $1000 or confinement
in jail not to exceed one year, or both fine and imprisonment.
~4} Except as provided in subsection ~8} of this section, viola-
t~on of ORS prov~s~ons made offenses against the city under sections 4.110
to 4.220 are punishable to the same extent provided in the statutes.
,~5} Violation of sections 4.3351}, 4.3402}, and 4.350 is unish-
able b fine not to exceed p
y $500 or confinement in jail not to exceed 30 days,
or bath fine and ~mpr~sanment.
~6} Violation of section 4.930 is punishable by fine not to
exceed $500 ar confinement in jail not to exceed 10 days.
~7} Violation of section 4.731 is punishable by a fine not to ex-
ceed $1,000 or confinement in jail not to exceed one year, or both fine and
imprisonment.
~8} Proceedings for violation of sections 4.115 and 4.240 shall
be crtv~1 ~n nature, and a violation thereof is punishable b a fine not to
Y
exceed $100.
Ordinance - 16
~9} violation of sections 4.532 or 4.533 is punishable by fine
not exceeding $200.
X10} A responsible party who violates section 4.936 is punishable
by
~a} A fine not to exceed $5o for the second false alarm;
fib} A fine not to exceed $100 for the third false alarm;
~c} A fine not to exceed $250 for the fourth and subsequent
false alarms.
The court may dismiss a citation issued for violation of section 4.936 if
within 10 days of the date of the citation a resonsible party provides the
court with proof 41} that the alarm system has been repaired and restored to
working order or legally removed from the premises; ar ~2} that the false
alarm was caused solely by lightning or other natural occurrences beyond the
control of the responsible party,
X11} Violation of section 4.937 is punishable by a fine of not less
than $5D and not more than $500.
X12} Except when a different penalty is expressly provided in this
section, v~olat~on of sections 4.330 to 4.490 is punishable as provided in
this subsection:
~a} One half of the fine imposed may be waived if the vio-
lator attends a violators school conducted by the animal regula-
tion authority.
fib} In addition to the fines imposed by this subsection, the
court may order any Level 3 or Level 4 potentially dangerous dog
to be neutered and any Level 5 potentially dangerous dog euthanized
and may suspend, far a period of time, any Level 5 potentially dan-
gerous dog owner's right to own a dog within the city including
dogs currently owned.
~c} For section 4.3703}, 4.405, 4.430, 4.460, 4.465, 4.410
ar 4.490 by a fine not mare than $150.
~d} For section 4.375, 4.350, 4.3907}, 4.390€5}, 4.4001},
4.410, 4.445, 4.455 or 4.475 by a fine of not mare than $500.
fie} Except for subsections 4.3352} and 4.3403}, which are
subject to the general penalties provided in section 4.995, the
violation of any other section not specified in this section is
punishable by a fine not more than $25D.
Section 2. At the request of, or with the concurrence of the City
Attorney, the City Recorder is authorized to administratively chan e refer-
g
ences errors in this Ordinance and elsewhere in the Eugene Code, 1971 to sec-
tions amended, renumbered, or added or repealed herein.
Section 3. That the matters contained herein concern the public health
welfare and safety and therefore, an emergency is hereby declared to exist
and this Ordinance shall become effective immediately upon its assa e b the
p g y
Ordinance - 17
City Council and approval by the Mayor.
Passed by the City Council this
13th da~r of April, 1987
r
f
Ci Recorder
Approved by the Mayor this
13th day of April, 1987
Mayor
Ordinance ~ 18