HomeMy WebLinkAboutOrdinance No. 19505ORDINANCE NO. 19505
AN ORDINANCE CONCERNING ANIMAL CONTROL REGULATIONS;
AMENDING SECTIONS 4.330, 4.335, 4.340, 4.350, 4.353,
4.370, 4.375, 4.3$5. 4.390, 4.395, 4.435, 4.440, AND
4.990 OF THE EUGENE CODE, 1971; REPEALING SECTION
4.355 OF THAT CODE; AND DECLARING AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The definitions of "Animal control officer" and "Livestock"
set forth in Section 4.330 of the Eugene Code, 1911, are amended to ravide:
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4.330 Animal Control -Definitions. Far purposes of sections 4.330 to
4.490 of this chapter, the following words and phrases mean:
Animal control officer. The person employed by the Animal
Regulation Authority and empowered to enforce provisions of these
animal regulations, including issuing citations pursuant to section
2.170 for violations of sections 4.330 to 4.490.
Livestock. Includes but is not limited to any cattle, llamas,
sheep, horse, goat, swine, fowl, and any furbearing animal bred and
maintained commercially or otherwise within pens, cages and hutches.
Section ~. Section 4.335 of the Eugene Code, 1971, is amended to ro-
p
vide:
4.335 Animal Abuse.
~1}, Animal abuse in the second de ree, A person commits the
offense of animal abuse in the second degree if, except as otherwise author-
ized,by law, the person intentionally, knowingly or recklessl causes h si-
Y py
cal ~ n~ ury to an an ~ mal .
~2}, Animal abuse in the first de ree, A person commits the
offense of animal abuse ~n the first degree if, except as otherwise author-
ized by law, the person intentionally, knowingly or recklessly:
~a} Causes serious physical injury to an animal; or
~ b} Cruelly causes the death of an animal .
,~3} Any practice of goad animal husbandry is not a violation of
this section.
Section 3. Subsections ~2} and ~3} of Section 4.340 of the Eu ene Code
g
1911, are amended to provide:
Ordinance - 1
4.340 Animal, ,,,,,Neg„1 ect .
~ 2 } . Animal ne~,~„ect i n ,,,,,the _,,second d,e„free. A person commits the
offense of animal neglect in the second degree if, except as otherwise auth-
.oriZed by law, the person intentionally, knowingly, recklessly or with crimi-
nal negligence fails to provide minimum care for an animal in such person's
custody ar control.
~3} Animal ne lect in the first de ree. A person commits the
offense of animal neglect in the first degree if, except as otherwise auth-
orized by law, the person intentionally, knowingly, recklessly ar with crimi-
nal negligence:
~a} Fails to provide minimum care for an animal in such per-
son's custody or control; and
fib} Such failure to provide care results in serious physical
injury or death to the animal.
Section 4. Section 4.350 of the Eugene Code, 1911, is amended to pro-
vide:
4,350 Animal Abandonment.
~1} A person commits the offense of animal abandonment if the per-
son i ntent~ anal ly, knaw~ ng1y, recklessly or with criminal negligence 1 eaves
a domesticated an~ma1 at a location without providing for the animal's con-
tinued care,
.~2} It is no defense to the offense defined in subsection ~~ 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.
Section 5. Subsection ~1} of Section 4.353 of the Eugene Code, 1971
is amended to provide:
4.353 Forfeiture of Ri hts in Mistreated Animal; Costs; Dis ositian of
Animal .
~1} In addition to and not in lieu of any other penalty it may
impose, a court may require a defendant convicted under 4.335 to 4.350 to for-
feit any rights of the defendant in the animal subjected to abuse, ne lect or
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abandonment, and to repay the reasonable costs incurred by any person or
agency prior to judgment in caring for each animal .subjected to abuse, neg-
lect or abandonment.
Section 6. Section 4.355 of the Eugene Code, 1911, is repealed.
Section 1. Subsection ~4} of Section 4.37a of the Eugene Cade, 1971, is
amended to provide:
Ordinance - 2
4.310 Im oundment of Animals.
~4} If an animal control officer or a peace officer has probable
cause to believe that a dog is a potentially dangerous dog level 1, 2, 3, or
4, then he/she may impound the dog. If the officer has probable cause to
believe that the dog ~s a potentially dangerous dog level 5, then he/she
shall impound the dag. The officer shall hold the dog until a hearing on the
classification is held pursuant to section 4.440, or until the dog is to be
redeemed or disposed of pursuant to sections 4.385 and 4.390 of this chapter.
Section 8. Section 4.375 of the Eugene Code, 1971, is amended to pra-
vide:
4.315 Failure to Surrender Animal. No person shall fail to surrender an
animal to a person i dent ~f ii ab1 a as an animal control officer or a
peace afficer upon their demand, so that the animal can be impounded or quar-
antined as provided for by this chapter.
Section 9. Section 4.385 of the Eugene Code, 1971, is amended to pra-
vide:
4.385 Im aundin Re ulations and Dis osition of Im ounded Animals.
~1} 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 for which the owner is unknown
which has not been redeemed within 72 hours after impoundment may
be sold, adapted or destroyed.
fib} Except as provided in subsection 4.3851}~c}, a licensed
dog for which the owner is known which has not been redeemed within
720 hours of notification of the owner by telephone contact or by
mailing ar by posting at the owner's dwelling the impoundment
notice, may be sold, adopted or destroyed.
~c} A licensed potentially dangerous dog far which the owner
is known may be destroyed if the owner, after receiving notice of
impoundment as pravided in subsection 4.3852}:
.1. Fails to notify the animal regulation authority with-
in 120 hours of his/her intent to redeem the dog; or
2. Fails to redeem the dog or appeal the classification
within ten days.
~ d } Except when state 1 aw mandates a d i f f Brent disposition
procedure, all animals other than dogs shall be disposed of as pro-
vided in subpart 4.3851}~a}.
~2} Except as pravided in subsection 4.3851}, the animal re ula-
t~an author~t shal] not' g
y ~fy the owner by telephone ar by the mailing of an
Ordinance - 3
impoundment notice within 24 hours after impoundment that the animal will be
destroyed within 120 hours after such notification. The impoundment notice
shall advise the owner of the place where the animal is kept, the procedures
required for the redemption of the animal, the fees for the impoundment,
. daily care and redemption, and the consequences of failure to redeem the
an i ma1.
~3} Any animal unclaimed within 24 hours of a court order author-
izing the redemption or release shall be destroyed, adopted or sold,
. ~4} If an order is entered by the municipal judge or the hearings
aff~c~al 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 do
owner and the dire g
ctor, within ten days of the order, present an agreement
for approval to the municipal judge ar the hearings official signed by both
parties and providing:
.~a} Far restitution to be paid to the person injured, if
appl ~ cabl e, ~ nc1 ud~ ng damages resulting from the injury to or des-
truction of livestock, and
fib} For safeguards that will help to ensure 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
~t ~s released, fence his or her yard or have the animal live else-
where in a secure setting, and agree not to own any other animal
on 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 anima] control officer, a peace officer or any other er-
p
son and destroyed by the animal regulation authority without a
further hearing, unless the animal owner requests a hearin in
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writing to the animal regulation authority within ~4 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} 1f an order is entered by the municipal judge or the hearin s
official for an animal to be g
destroyed, execution of the order shall be stay-
ed for ten days to all ow the filing of a noti ce of appeal yr a wri t of review.
1n the event a notice of appeal is filed within ten days, the animal shall not
be destroyed until the disposition of the appeal.
~6} Notwithstanding the previous subsections, any animal given to
the animal regulation authority by the owner for disposition ma be destro ed
immediatel or i y y
y, n the al ternat~ ve adopted or sold to any person, unless the
owner of the an ~ mal spec ~ f ~ cal 1 y requested the animal be destroyed, i n which
case it shall be destroyed.
Section 10. Section 4,390 of the Eugene Code, 1911, is amended to ro-
p
vide:
Ordinance - 4
4.390 Im oundment - Redem tion and Sale.
41} Redemption of an impounded animal shall be made by exhibiting
satisfactory proof of ownership and by paying the following required fees
and charges:
~a} Impoundment fee;
fib} Daily care fee;
~c} License and rabies vaccination fees, if required;
~d} Medical care fees, i f requi red; and
fie} Potentially dangerous dog license fees, i f requi red.
~~} In addition to the requirements of subsection 4.3901}, a dog
that has been classified as potentially dangerous shall not be released until
the owner presents to the director sufficient evidence of compliance with the
restrictions imposed by section 4.445. The owner shall have ten days from
the time he/she receives the impoundment notice in which to comply with the
potentially dangerous dog restrictions. No dog impounded because of level 5
behavior shall be released until the completion of any appeal requested by
the owner of the dog pursuant to section 4.440.
~3} Impounded animals may be sold, adapted or destroyed after the
appl ~ cabl a hot d ~ ng time .
~4} When an animal is sold or adopted out by the animal regulation
authority, the purchaser shall pay any required license and rabies vaccina-
tion fees.
~5} No impoundment charge shall be made for an animal released
after
~a} The municipal court's determination that no violation
occurred.
fib} A potenti al ly dangerous dog classification i s success-
fully appealed.
~6}. No live animal shall be used, sold or given by the animal regu-
1at~on authority far surgical or medical demonstration or research.
. ~l} Except as otherwise provided, if after 7~ hours an impounded
animal cannot be sold, the animal regulation authority is authorized and
empowered tv destroy the animal by any humane method permitted under state
1 aw.
~8} If an animal is adopted ar sold from the animal regulation
authority or from any other agency which accepts unwanted ar 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. I f an animal over six months old i s adopted or sold by an
agency which accepts unwanted or abandoned animals, the animal shall be spay-
ed or neutered within one month after it is turned over to its new owner.
The new owner shall not fail to comply with this subsection.
~9} No person who is the owner of an animal shall fail to reclaim
it from the animal regulation authority within the time specified in the
notification that the animal i s ready to be released.
Section 11. Subsections (1)(a), (2) and (5) of Section 4.395 of the
Eugene Code, 1971, are amended, and anew Subsection ~6} added thereto, to
provide:
Ordinance - 5
4.395 Licenses, Fees and Exce bons,
1 Do~1,,lcenses.
~ a} Every owner of a dog which has a set of ermanent canine
p,
teeth or has attained the age of six ~6} months, whichever event
occurs first, shall immediately obtain a license for the dog. If
the dog owner manes into the city and his/her dog does not have a
current dog license from another city or county, the owner must
obtain a license within five days of moving into the city.
~2} A,dog license fee shall be charged in the amount provided
bel aw. The fee ~ s due and payable upon the i ssuance of the license. A er-
p
son who purchases a kennel license does not have to license the individual
dogs as long as they live at the kennel. Also, a person who urchases a
license far ~ p
a commercial breeding kennel need not also obtain a commercia]
kennel or noncommercial kennel license, and a person who urchases a commer-
cial kennel 1 ` p
~cense need not obtain a noncommercial kennel license if they
choose to operate such a kennel. Fees shall be as follows:
Dag license ........................................ $ 10.00
Dog license/neutered dag ........................... 5.00
Dag license/senior citizen 65 or ever .............. 5.00
Dog license/potentially dangerous dog -
Initial license:
Level 1 ...................................... 25.00
Level 2 ...................................... 25.00
Level 3 ...................................... 50.00
Level 4 ...................................... 15.00
level 5 ...................................... 100.00
Annual renewals - Levels 1 to 5 ................... 25.00
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 ......................... 200.00
X11 dogs or more aver six months old kept
for breeding per year}
Impoundment ....................................... 20.00
Daily care per day maximum} ...................... S.o0
Watchdog Permits .................................. 25.00
~5} If a dag i s c1 ass i f i ed as a potenti al 1 y dangerous do , the
owner shall obtain a se ar t g
p a e 1~cense for the dog as well as a regular dog
license. The owner shall obtain the potentially don Brous do license within
ten da s of t ~ ~ ~ g g
y he time the dog ~s classified and annually thereafter at the
time the regular dog license is renewed. The animal re ulation authorit
g y
shall issue or renew a potentially dangerous dog license rov~ded;
. p.
~a} The owner presents to the director suff~c~ent evidence
of compliance with the restrictions imposed by section 4.445; and
fib} The owner pays a potentially dangerous dog license fee
in the amounts established in subsection 4.3952} above,
. ~6} If.a dag owner has been fined ar his or her dog has been
class~f~ed or registered in another state, county, or cit because the do
y g
engaged in the behaviors described in section 4.435, the owner shall notif
Y
Ordinance - 6
the animal regulation authority of such classification, registration, or
fine at the time the owner licenses the dag. If the director classifies the
dog pursuant to section 4.440, the owner shall meet the requirements of sub-
secti ons ~2} and ~5} above except that the initial potentially dangerous dog
1 ~ cense fee w~ 11 only be $Z5.
Section 12. Section 4.435 of the Eugene Code, 1971, is amended to pro-
vide:
4.435 Potentially Dangerous Do
~1} The purpose of this section is to establish a procedure where-
by dogs that pose a reasonably significant threat of causing serious injury
to humans, domestic animals or livestock or property are identified and sub-
jected to precautionary restrictions in order to prevent initial or addition-
al ~n~ur~es.
~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 ani -
mal or livestock.
fib} 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 person.
~c} Level 3 behavior is established if a dag, while at large,
bites or causes physical injury to any damestic animal or livestock.
~d} Level 4 behavior is established if a dog bites any person.
fie} Level 5 behavior is established if:
1. A dog, whether or not confined, causes the serious
injury or death of any person; or
Z. A dog, while at large, kills any damestic animal; or
3, A dog, whi 1 e at 1 arge, ki 11 s any 1 i vestock; or
4. A dog engages in or is found to have been trained to
engage in exhibitions of fighting; ar
5. A dog that has been classified as a level 4 poten-
tially dangerous dog repeats the behavior 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 dag as potentially dangerous even
if the dog has engaged in the behaviors specified in subsection 4.4351} if
the director determines that the behavior was a result of the victim abusing
or tormenting the dog or other extenuating circumstances.
~3} Na,dog sha] 1 be classified as patenti al ly dangerous i f the
behavior ~n 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 .dag shal 1 be classified as potentially dangerous i f the
behave or ~ n quests an 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 far a dog classified under sub-
Ordinance - 1
section 4.4351} shall be reviewed by the hearings official after six months
for dogs c1 ass i f i ed as Level 1 ar level 2 and after one year for dogs cl ass i -
f i ed as Level 3 or higher. I f 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.
Section 13. Subsections ~1} and ~4} of Section 4.440 of the Eugene
Code, 1971, are amended~to provide:
4.440 Identification of Potentiall Dan Brous Do s; A eats, Restrictions
Pend i ng_Ap,peal .
~1} The director shall have the authority to determine whether an
do has en a ed i n the beh v' • y
,g g g a Fors specified ~n section 4.435. This determ~na-
t~on shall be based upon an investigation that includes observation of the
dog's behavior by the animal regulation authority employees orb other wit-
Y
nesses who 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 nec g
g essary. The determ~nat~on may also be based on evi-
dence that the dog's owner was fined or the dog was classified or re istered
in another state co nt ~ g,
• ,, u y or city because the dog engaged ~n the behaviors
spec~f~ed ~n section 4.435.
~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
4.4402}, the owner shall comply with the restrictions specified in the
notice within ten days, unless the owner appeals it to the hearings official.
If the director's decision is upheld on appeal, the dog's owner shall be
liable for the cast of the dog's impoundment.
Section 14, Subsection ~~} of Section 4.445 of the Eugene Code, 1971
is amended to provide:
4.445 Re ulation of Potentiall Dan Brous Do s.
~1} In addition to the other requirements of sections 4.330 to
4.490, the owner of a potentially dangerous dog shall comply with the follow-
ing additional regulations:
~a} If the dog has engaged in Level ~ or Level 2 behavior,
the owner shall provide a physical device or structure that pre-
vents the dog from reaching any public right-of-way or adjoining
property, and shall restrict the dog by such a devi ce or structure
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 3 behavior, the owner
shall prove de a secure encl asure and confine the dog within such
enclosure whenever the dog is not on a leash off the owner's prop-
erty or inside the home of the owner. The owner shall also post
Ordinance - S
approved warning signs on the property where the dog is kept.
~c} If the dog has engaged in Level 4 or Level 5 behavior,
the owner shall meet the requirements of subpart 4.445~b} and shall,
additionally, 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 aver the age of 18.
~d} Any dog that has been found to have engaged in Level 4
or 5 behavior may be euthanized by order of the municipal caurt
judge or the hearings official, provided the dog's behavior poses
a significant risk of additional injury yr death and the owner
fails to provide sufficient evidence of compliance with the res-
trictions imposed.by this section. In addition, the hearings
off~c~al or municipal court judge has the authority to suspend,
far a period of time, the Level 5 dog owner's right to be the
owner of any dog in the city, including dogs currently owned by
that person.
fie} To ensure correct identification, the owner of a dog
that has been classified as potentially dangerous shall cause the
dog to wear an identifying collar and ID tag. In addition, the
owner of a dog that has engaged in Level 5 behavior shall have the
dog marked with a permanent identifying mark.
~f} In addition to obtaining a regular dog license, the owner
shall obtain a potentially dangerous dog license pursuant to sec-
tions 4.3952} and 4.3955}.
~2} No person shall own a dog in violation of this sectian ar of
the hearings off~c~al's order under subpart 4.4451}~d}.
Section 15. Subsections (5) and (12)(d) and (e) of Section 4.990 of the
Eugene Code, 1971, are amended to provide:
4.990 Penalties - S ecific.
. ~5} violation of sections 4.145, 4.150, 4.801, and 4.905 is pun-
~ shabl a by f ~ ne not to exceed $500 or canf i nement i n jai 1 not to exceed 30
days, or both fine and imprisonment.
. ~ 12} , Except when a di fferent penalty i s expressly provided i n thi s
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 patentially dangerous dog
to be neutered and any level 4 ar Level 5 potentially dangerous dog
euthanized and may suspend, fora period of time, any Level 5
potentially dangerous dog owner's right to own a dog within the
city including dogs currently owned.
~c} For section 4.3103}, 4.405, 4.430, 4.460, 4.465, 4.470
or 4.490 by a fine not mare than $150.
Ordinance - 9
~d} For section 4.3352}, 4.3403}, 4.375, 4.380, 4.3907},
4.3908}, 4.4001}, 4.410, 4.445, 4.455 or 4.475 by a fine of not
more than $500,
.fie}, The violation of any other section not specified in this
section ~s punTShable by a fine nat more than $~50.
Section 16. The City Recorder, at the request of or with the concur-
rence of the City Attorney, is authorized to administratively correct any
reference errors contained herein or in other provisions of the Eu ene Code
g f
1911 to sections amended, added or repealed herein.
Section 17. That the matters cantained herein concern the public
health, welfare and safety and therefore, an emergency is hereb declared
y
to exist, and this Ordinance shall become effective immediately u on its
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passage by the City Council and approval by the Mayor.
Passed by the City Council this
Approved by the Mayor this
12t day of October, 1987
C' y R corder
lath da ctob r,
a
Ordinance - 10
CITY ~F EUGENE
INTER-DEPARTMENTAL MEMORANDUM
CITY ATTORNEY - CIVIL DEPARTMENT
To: Kathy Fieland Date: December 23, 1987
City Recorder's Office
Subject: Administrative Correction to Subsection 4.99~~5j of the
Eugene Code, 1971
This will Confirm that during a telephone conversation with
our office today you were requested to make an administrative
correction to Subsection ~5} of Section 4.994 of the Eugene Code
1971. The correction consisted of restoring 4.8201}, 4.8251},
and 4.9301} to that subsection, from which they were
inadvertently deleted at the time Ordinance No, 19505 was ado ted
an October 12 1987. p
By way of background, initial drafting of Ordinance No.
19505 concerning animal control regulations} stated in earl
August, 1987 and went throw y
l
gh several revisions. Prior to the
Council taking final action on this ordinance, it considered and
enacted Ordinance No. 19500 on September 28, 1987 ~concernin
offenses and traffic re ulati g
g ons}. Section 3 of Ordinance Na.
19500 added a new Subsection X13} to Section 4.990, and amended
Subsection ~5} by adding that violations of Subsections 4.820 1 ,
4.825 ~ }
~ 1 } , and 4.9 3 0 ~ l } were subs ect to the penalty prova.ded
therein. Since the drafts of Ordinance 19505 were prepared rior
to the ado Lion of Qr p
p dinance No. 19500, reference to those
Sections did not appear and were, therefore, deleted b
implication. This was not th y
+ e intent of Ordinance No. 19505, and
pursuant to the authority of Section 16 of the Ordinance you are
requested to effect this correction administratively.
If you have any questions, please da not hesitate to call.
G, LONG, WATKINSON &
LD, P.C. - CITY ATTORNEYS
Daniel J. Barkovic
DJB : j w