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HomeMy WebLinkAboutOrdinance No. 18730ORDINANCE N0. ~~O AN ORDINANCE REGARDING DOG ,AND ANIMAL REGULATIONS; AMENDING SECTIONS 4.355, 4,425, 4.430, 4.435 AND 4,994 OF THE EUGENE CODE, 1971; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FQLLOwS: Section 1. The definit~.ons of "Animal Technician" and "vicious dog" contained in Section 4.355 of the Eugene Code, 1971, are amended to provide: 4.355 Dog Control _ Definitions. For purposes of sections 4, 355 to 4.45D of this chapter, the following words and phrases shall mean: Animal technician. A person performing duties under the supervision of a veterinarian and ~a}. is an animal technician as defined in ORS 68G,354, or ~b~_ has received a certificate in animal technology or a comparable certificate from a recognized college or university approved by the Oregon State veterinary N~edical Examining Board or by the American veterinary Medicine Association. vicious dog. Any dog which has the propensity to bite or at~tack~any person without provocation and the capacity to inflict serious harm an that person shall be regarded as vicious. Section 2. Sections 4.425, 4.439, 4.435 and 4.990 of the Eugene Code, 1971, are hereby amended to provide: 4.425 Re ortin of ~itin Do s or Other Animal. The owner of a dog or other ani~al which bites a human being shall immediately notify the dog control authority of such bite, the time and circumstances of such bite and the name and address of the person bitten, if known. 4,430 Biting and Rabid Do s and other Animals - quarantine. ~1~. when either the dog control authority or the de- partments off' pub~,ic health and sanitation or public safety of Lane County has grounds to suspect that a dog or other animal is infected with the disease of rabies, there shall be deliv-~ ered to the owner of the dog or other animal a written notice thereof. The owner shall thereupon be required to quarantine the dog or other animal for 10 days. The biting of any pe~-- Ordinance -- l J8~3o son by the dog or other animal shall constitute adequate grounds for suspecting the dog or other animal to be so in-- f ected. The delivery of the nof.ice to a member of the owner' s family l4 years of age or older at the premises where the dog ox other an%mal is kept or at the owner's usual place of abode, shall be considered a delivery of the notice to the owner. Any dog ar other animal required to be quarantined shall be confined at the ownerfs expense as follows: ~~. ~ on the owner ` s pre~m%ses in .such a manner as to prevent it from being in contact with any other animal or person, or [bS Tn a veterinary hospital, the Lane Humane Society, or a kennel approved by either the department of health and sanitation or the dog control authority. ~2~ Any animal that has been bitten by a dog or other animal proved to be rabid shall be destroyed. ~.3~ If a dog or other animal ~-exhibits sy~nptams of rabies while it is under quarantine, the director of public health for Lane County array order i n writing that it be des- troyed and that it' s head be subma~tted to~ the Oregon State Public Health Labr~ratory. 4.435 Vicious Doas~ ~.1~ Except for licensed watchdogs, no person shall awn a vicious dog. ~.2 ~ ~ A vicious dog may be ~:mpounded by any peace off i- cer or dog control officer and disposed of in ~.ccordance with the provisions of this code for the ~,r~pou~ndment and disposition of dogs, except before a vicious dog is released, the municipal judge must enter findings that proper precautions will be taken to ensure the public health and safety. ~3~ A vicious dog running at large which because of its disposition or diseased condition i$ too hazardous to appre- hend may be destroyed by a peace officer, dog control officer, or by a person acting in defense of himself ~, his family, or another person. 4. g90 Penalties - Specific. ~M1~. violation of sections x.354, 4.375 ~4~ ~c~ , 4.380, 4.410 ~l ~. ~:3 ~_ ~:.~ 7.. is punishable by ,f ~.ne not to exceed $ ~ 5.4 4 . . ~2~. Violation of sections 4 615 to 4.654 is punishable as follows: ~a ~. A person found by the. court in a civi 1 ac- tion brought pursuant to section 4.645 ~.5} ~a} to have engaged in an unlawful pract~,ce ~.s subject to a fine of not more than $1444 for each occurrence thereof. The city shall be required tc prove a.n act of discri- Ordinance - ~ 18730 urination under tha,s section b~ a preponderance of the evidence. ~b~~ A person found guilty of having intention- ally and wilfu~.ly violated the provisions of sections 4.615 to 4.650 or a person found guilty of violatin g ,~ those provisions a second or additional time shall be subject, upon conviction in tie municipal court, to a fine of not more than $1,000 or shall be subject to imprisonment of not more than 100 days, or both such fine and i~npr.isonment. ~3~. Violation of sections 4.045 to 4.085, 4., 330, 4.340, 4.425, 4.725 ~9} , 4.795, 4.835 to 4.850, .4.860, 4.895, 4.925, 4.930 and 4.965 to 4.975 is punishable by fine not to exceed $500.00. ~4~_ except as may be limited by charter, violations of ORS provisions made offenses against the city under sections 4.275 and 4.955 are punishable to the same extent provided in the .statutes.. ~~5~ Violation of any pant of sections 4.375 ~.2~ Commer- cial Kennel,, 4.872 to 4.878 is punishable by fine not exceedin g $1.00.00. ~_~~. Violation of section 4.22Q is punishable by fine not to exceed $250.00 or confinement in jail not to exceed 30 days. ~.7~. Violation of sections 4.360 and 4.365 is punish-~ able by fine not to exceed $ 25 0.00 . C8~ Violation of sectidn 4.375 ~1,~ ~a~. is unishable b fin p y e not to exceed $20.00. ~9~ Violation of sections 4, 37p,. 4.375 ~^l}.. ~c~ , 4.375 ~l~ ~e~_ , 4.375 ~2 ~ Non-commercial Kennel., 4 ~ 415, and 4.440 is un-- P fishable by fine not to exceed $50.00, Section 3. That the provisions contained herein concern the public health, welfare an,d safety and therefore, an emergency is hereby declared to exist, and this ard,nance s~al1 become effective immediately upon its passage by the City Counca~l and approval by the Mayor. Passed by the City Council this 10th day of cember~ 1980 f S w ! ~ ~ I . ~ C ; City Recor r P~pproved by the N~ayar this 7.Ot of Decembe 1980 I~ayo,r ordinance - 3.