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Home My WebLink AboutOrdinance No. 19587ORDINANCE NO. 19587 AN ORDINANCE CONCERNING ANIMAL CONTROL REGULATIONS; AMENDING SECTIONS 4.330, 4.335, 4.340, 4.350, 4.385, 4.395, 4.40, AND 4.990 OF THE EUGENE CODE, 1971; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The definition of "Director" set forth in Section 4.330 of the Eugene Cade, 1971, is amended to provide: 4.330 Animal Control -Definitions. For purposes of sections 4.33o to 4.490 of this chapter, the following words and phrases mean: Director. The administrative head of the animal regulation authority, or his or her designee. Section 2. Section 4.335 of the Eugene Code, 1971, is amended to pro- vide: 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, the person causes physical injury to an animal. 42} Animal abuse in the first degree. A person commits the offense of animal abuse i n the f i ~rst ~~~~degree ~~~ f , except as otherwise authori zed b 1 aw y the person: ~a} Causes serious physical injury to an animal; or fib} Cruelly causes the death of an animal. .~3} Any practice of goad animal husbandry is not a violation of th ~ s s ect ~ on . Section 3. Subsections ~~} and ~3} of Section 4.340 of the Eugene Code, 1971, are amended to provide: 4.340 Animal Ne 1 ect . ~~} Animal ne lect in the second de ree. A person commits the offense of animal neglect in the second degree if, except as otherwise auth- orized by law, the person 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 Ordinance - 1 offense of animal neglect in the first degree if, except as otherwise author- ized by law, the person: ~a} Fails to provide minimum care for an animal in such per- son's custody or controls and fib} Such failure to provide care results in serious physical injury or death to the animal. Section 4. Subsection ~1} of Section 4.350 of the Eugene Code, 1971 is amended to provide: 4.350 Animal abandonment. 41} A person commits the offense of animal abandonment if the person leaves a domesticated animal at a location without providin for the g animal's continued care. Section 5. Subsections ~1} and ~6~ of Section 4.385 of the Eu ene Code g 1971, are amended, and anew Subsection ~7} added thereto, tv rovide: p 4.385 Im oundin Re ulations and Dis osition of Im ounded Animals. ~~} ,The animal regulation authority shall keep any animal im ound- ed for the eriod of time herein s p p pec~f~ed. A daily retard of such animals shall be kept at the place of impoundment and shall be made available to the public. The animal regulation authority shal 1 dispose of such animals i n 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 im oundment ma be sold ado p y pted 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 124 hours of notification of the owner by telephone contact or b mailin orb ostin t y g y p g a the owner's dwelling the impoundment notice, may be sold, adapted or destroyed, ~c} A licensed potentially dangerous dog far which the owner is known may be destroyed if the owner, after receivin notice of im oundment ~ g p as provided ~n subsection 4.3852}: 1. Fails to notify the animal regulation authority with- in 1Z4 hours of his/her intent to redeem the dog; ar 2. Fails to redeem the dog or appeal the classification within ten days . ~d} Except when state law mandates a different disposition procedure, all animals other than dogs shall be disposed of as ro- vided in sub art 4. p p 3851}~a}. fie} Notwithstanding the previous subsections, abandoned ar unwanted litters of animals aged two months or less may be des- troyed immediately or, in the alternative, adopted or sold to an erson. This subsea ' y p pan does not apply to litters impounded fallowing a search of premises as provided in subsection 4.370 6 . ~} ordinance - 2 .{6} Notwithstanding the previous subsections, any animal given to the animal regulation authority by the owner for disposition may be des- troyed immediately or, in the alternative, adapted or sold to any person. The owner shall pay a fee for handling the unwanted animal. Far purposes of this section only, an owner is a person who has had the animal in his or her care, possession, custody, ar control far six weeks or more. . {7} Notwithstanding the previous subsections, certain sick or in- aured animals may be destroyed immediately pursuant to the provisions of sec- 4.420 of this code . Section 6. Subsection {2} of Section 4.395 of the Eugene Code, 1971, is amended to provide: 4.395 Licenses, Fees and Exce tions. {2} Fees. A dog license fee shall be charged in the amount pro- vided below. The fee is due and payable upon the issuance of the license. A person who purchases a kennel license does not have to license the indivi- dual dogs as long as they live at the kenne]. Also, a person who purchases a license for a commercial breeding kennel need not also obtai n a commercial kennel or noncommercial kennel license, and a person who purchases a commer- cial kenne] license need not obtain a noncommercial kennel license if they choose to operate such a kennel. Fees shall be as follows: Dog license ........................................ Dog license/neutered dog ................. $ 15.00 5 00 .......... Dag license/senior citizen 65 or over .............. . 5.00 Dog license/potentially dangerous dog - Initial license: Level ~ ...................................... Level 2 25.00 ...................................... Level 3 25.00 ...................................... Level 4 50.00 ...................................... Level 5 75.00 ...................................... Annual renewals - levels 1 to 5 .................. 100.00 . 25.00 Duplicate license .................................. Noncommercial kennel license ....................... 2.0o 25.00 Commercial kennel license .......................... 50.00 Commercial breeding kennel ......................... {three to 10 dogs over six months old, kept 100.00 for breeding per year} Commercial breeding kennel ......................... {11 do s or mare i th ld k 200.00 g over s x mon s o ept far breeding per year} Impoundment ....................................... Daily care {per day maximum} ...................... 20.00 8.00 watchdog Permits .................................. Hand1 ing fee far unwanted animal s 25.00 Single animal ................................... Litt 10.00 er .......................................... 15.00 Drdinance - 3 Section 7. Subsection ~1} of Section 4.420 of the Eugene Code, 1971, is hereby amended tv provide: 4.420 Sick ar Injured Animals. ~1} Any sick or injured animal found by a peace officer or animal control officer off the premises of its awner shall be delivered to its owner if it is feasible to do so. Any such animal for which the awner is either unknown ar cannot be reached after reasonable attempts to do so, may be impounded. The director shall determine whether the animal is so severely injured or incurably crippled that the humane thing to do would be to .destroy the animal. If the director reasonably believes the animal should be des- troyed, the animal may be destroyed immediately. If the directar reasonably believes that the animal should not be destroyed and that treatment is neces- sary, the animal may be delivered by the animal regulation authority to a veterinarian for media] treatment, If the veterinarian determines that treatment should be given, such treatment may be given; provided, however, the animal may be destroyed if not claimed by its owner within 72 hours after being delivered to the veterinarian. Section 8. Subsections (2) and (12}(d) of Section 4.990 of the Eugene Code, 1911, are amended to provide: 4.990 Penalties - S ecific. ~2} Violation of sections 4.045 to 4.075, 4.110, 4.130, 4.140, 4.155, 4.160, 4.165, 4.175, 4.180, 4.185, 4.195, 4.265, 4.300, 4.310, 4.760, 4.770, 4.795, 4.835 to 4.850, 4.855, 4.860, 4.872 to 4.879 and any regula- tions adopted under those sections, except willful violations as defined in subsection ~3},,4.885, 4.895, 4.925, 4.945, 4.950, 4.965 to 4.975, and 4.981 to 4.983 is punishable by fine not to exceed $500. X12} `Except when a different penalty is expressly provided in this section, violation of sections 4.330 to 4.490 is punishable as provided in this subsection: ~d} For section 4.3352}, 4.3403}, 4.375, 4.380, 4.3908}, 4.3909}, 4,4001}, 4.410, 4.445, 4,450, 4.455 or 4.475 by a fine of not more than $500. Section 9, The City Recorder, at the request of or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions amended, added or repealed herein. Section 10. That the matters contained herein concern the public health, Ordinance - 4 welfare and safety and therefore, an emergency is hereby declared to exist, and this Ordinance shah become effective immediately upon its passage by the City Council and approval by the Mayor. ~, Passed by the City Council this 12th day of December, 1988 City Rec der approved by the Mayor this 12th day ~f~eember 19$.~ Ma'~ror Ordinance - 5