Chapter 6.04 ANIMAL CONTROL

Chapter 6.04
ANIMAL CONTROL

Sections:

6.04.001 Purpose.

6.04.005 Definitions.

6.04.010 Rabies vaccination required.

6.04.015 Veterinarians to provide Crook County animal control with rabies certificate information.

6.04.020 County dog license.

6.04.025 Kennel license.

6.04.030 Dog identification tags.

6.04.035 Assistance animals.

6.04.040 Dog control division of the general fund.

6.04.045 Keeper regulations.

6.04.050 Off-premises control.

6.04.055 Impoundment of dogs.

6.04.060 Proof of county violations and defenses.

6.04.065 Biting dogs – Dangerous dogs.

6.04.070 Notice of county violations (citations).

6.04.075 Admission of county violation.

6.04.080 Regulations for wolf/dog hybrids.

6.04.085 Livestock dogs.

6.04.090 Livestock at large.

6.04.095 Dog control board.

6.04.100 Severability clause.

6.04.001 Purpose.

In order to protect the health, safety and welfare of the residents and citizens of Crook County and to provide for control of dogs and protection of dogs and animals located therein, Crook County enacts the following provisions, which may be referred to and plead as the “animal control ordinance.” (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.005 Definitions.

For the purpose of this section, general definitions of the following are provided:

(1) “Adequate fence” means a continuous barrier consisting of natural barriers, structures, masonry, rails, poles, planks, wire or the combination thereof, installed and maintained in a condition so as to form a continuous guard and defense against the ingress or egress of livestock into or from the lands enclosed by the barrier. Such natural barriers shall include hedges, ditches, rivers, streams, ponds or lakes.

(2) “Aggressive” describes behavior of a dog, which has an avenue of escape yet crosses neutral territory to chase, attack, or bite a person or animal.

(3) “Altered” means being incapable of reproduction and certified as such by a licensed veterinarian.

(4) “Animal” means any nonhuman vertebrate with the exclusion of livestock as defined herein.

(5) “Assistance animal” means any animal trained to assist a physically impaired person in one or more daily life activities, including but not limited to:

(a) Dog guides, as defined in ORS 346.610;

(b) Hearing ear dogs, as defined in ORS 346.640;

(d) Balance work;

(e) An animal trained to fetch dropped items.

(6) “Dangerous dog” or “dangerous animal” means any dog or animal that has been found to have engaged in any of the following behaviors:

(a) Menacing, displaying threatening or aggressive behavior or otherwise threatening or endangering the safety of any person or companion animal as defined under ORS 164.055;

(b) Biting, causing physical injury to or killing any person or companion animal as defined under ORS 164.055;

(c) Chasing, wounding, injuring, or killing livestock, or other damage or destruction of property of persons other than that of the keeper;

(d) Being used as a weapon in the commission of a crime;

(e) Leaving the confines of any officially prescribed quarantine area.

(7) “Dog” means any member of the canine family, including wolf hybrid, which is domesticated, or which is kept or maintained in captivity by a keeper, and so determined by a licensed veterinarian.

(8) “Dog at large” or “animal at large” means a dog or animal that is off of or outside the premises occupied by the keeper of the dog or animal, or is not in the company of and under the control of the keeper. “Dog at large” does not include:

(a) A dog used to legally hunt, chase, or tree wildlife while under the supervision of the keeper to control or protect livestock;

(b) A dog used for other activities related to agriculture;

(9) “Euthanized” means put to death in a humane manner by a licensed veterinarian or certified euthanasia technician.

(10) “Keeper” means any person who owns, possesses, controls, has custody of or is responsible for the care of a dog. “Keeper” does not include veterinarians holding animals for treatment purposes or to the county or nonprofit animal shelters when keeping stray, abandoned, or impounded animals. A dog may have multiple keepers who are jointly and severally liable under this chapter.

(11) “Kennel” means an enclosure of sound structural strength in good repair designed for and capable of containing dogs. The structure must be enclosed and able to prevent the entrance of other dogs at large. The structure must protect the dog from the elements and provide for the humane confinement of the dog.

(12) “Livestock” means ratites, psittacines, horses, mules, jackasses, cattle, llamas, sheep, goats, swine, domesticated fowl and any fur bearing animal bred and maintained commercially or otherwise within pens, cages, and hutches.

(13) “Livestock dog” means any dog kept as a livestock dog, used in the performance of ranching and farming to help and assist the owner or ranch hand with the movement of livestock animals.

(14) “Menacing” means actions that place a reasonable person in fear of imminent physical injury.

(15) “Microchip” is a radio frequency identification device which has an identification number programmed into it; the dog can then be identified by means of a unique identification number.

(16) “Minimum care” means care sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the owner or keeper, includes, but is not limited to, the following requirements:

(a) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;

(b) Open or adequate access to potable water in sufficient quantity to satisfy the animal’s needs. Access to snow or ice is not adequate access to potable water;

(c) For a domestic animal other than livestock or a dog engaged in herding or protecting livestock, access to a barn, dog house or other enclosed structure, shelter sufficient to protect the animal from wind, rain, snow or sun and that has adequate bedding to protect against cold and dampness;

(d) Reasonable care from a veterinarian to relieve distress from injury, neglect or disease;

(e) For a domestic animal, continuous access to an area:

(i) With adequate space for exercise necessary for the health of the animal;

(ii) With air temperature suitable for the animal; and kept reasonably clean and free from excess waste or other contaminants that could affect the animal’s health;

(iii) Kept reasonably clean and free from excess waste or other contaminants that could affect the animals.

(17) “Muzzle” means a device constructed of strong soft material or a metal muzzle that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.

(18) “Night period” means those hours between 10:00 p.m. and 7:00 a.m.

(19) “Open range,” ORS 607.005(6), means that livestock may lawfully be permitted to run at large.

(20) “Owner” means any person having a right of property in an animal or who harbors an animal or who has it in the care of the person, or acts as its custodian, or who knowingly permits an animal to remain on or about any premises occupied by the person. “Owner” does not include veterinarians, pet shop owners or kennel operators who for a period of not more than 90 days maintain on their property dogs owned by other persons.

(21) “Permit” means to engage in conduct that is intentional, deliberate, careless, inadvertent, or negligent in relationship to an animal.

(22) “Person” means any natural person, association, partnership, firm, or corporation.

(23) “Physically impaired person” means any person who is physically impaired, whose physical impairment limits one or more of daily life activities and who has a record of impairment and is regarded by health care practitioners as having such an impairment, requiring the use of an assistance animal including but not limited to blindness, deafness and complete or partial paralysis.

(24) “Physical injury” means any injury whether or not caused by actual physical contact with a dog or animal; this includes but is not limited to a dog or animal bite, any abrasion, puncture, or laceration of skin or hide, impairment of normal gait, or aborting of fetus while pertaining to any type of injury, physical pain, or indications of physical impairment.

(25) “Secure enclosure” means a fenced pen, kennel, or structure which remains securely closed, and which has secure sides which are a minimum of five feet high. The enclosure shall be designed in a manner which prevents the dog from menacing any public way, sidewalk, or adjoining property, and must be located so as not to interfere with the public’s legal access to the keeper’s property. The structure must be in compliance with the jurisdiction’s building codes and protect the dog from the elements and provide for the humane confinement of the dog.

(26) “Serious physical injury” means any physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

(27) “Shelter” means a structure with three sides and a roof with a barrier between the ground and the animal; said shelter must be adequate to maintain shelter from the environmental elements with regards to weather-related events. The structure must be suitable for the age and species of the animal to maintain the animal in a state of good health. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.010 Rabies vaccination required.

(1) Any dog residing in the county for more than 30 days that either (a) is over six months of age, or (b) has a set of permanent canine teeth, is required to be vaccinated for rabies. The inoculation shall be kept current and shall be administered by a licensed veterinarian or a licensed veterinary technician who is under the supervision of a veterinarian licensed to practice in the state of Oregon. If the owner or keeper does not want to vaccinate a wolf/dog hybrid, the owner or keeper must present a written statement signed by a licensed veterinarian stating that the rabies vaccine will be harmful for medical reasons and should not be administered to the animal.

(2) Failure to keep rabies vaccination current is subject to citation with a fine up to $250.00; the first offense being no less then $50.00, the second offense being no less than $100.00, and any additional offense subject to the maximum penalty of $250.00. For the purposes of this section, each day that the violation has not been corrected is subject to a new violation. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.015 Veterinarians to provide Crook County animal control with rabies certificate information.

(1) Each veterinarian within Crook County who vaccinates a dog against rabies or directs a veterinary technician in his employ to vaccinate a dog against rabies shall provide the owner of the dog a copy of the rabies vaccination certificate. The veterinarian shall forward within 30 days a copy of the rabies vaccination certificate or the relevant information contained in such certificate to Crook County animal control within 30 days of vaccination. If the owner has a dog vaccinated from outside Crook County it is the owner’s responsibility to provide Crook County with a copy within 30 days of vaccination.

(2) The rabies vaccination certificate shall include at a minimum the signature of the veterinarian, the animal owner’s name and address of record, the species of the animal, the sex, the age, the color, and the primary breed, whether or not the animal is spayed or neutered, the vaccination number, the expiration date, and the location where the animal resides. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.020 County dog license.

(1) The Crook County court shall periodically establish separate license fees for fertile dogs, neutered or spayed dogs, multiple-year license fees, license fees for dogs owned by individuals aged 62 and older, license fees for dogs that are considered kennel inventory, livestock dogs, replacement license fees and administrative fees. The county court shall also establish effective dates for dog license fees.

(2) Any dog in the county more than 30 days, over six months of age or having a set of permanent canine teeth is required to have a current county dog license pursuant to ORS 609.100.

(3) No license shall be issued for any dog unless proof of current rabies vaccination is provided to Crook County, an authorized licensing agent, or humane society of the Ochocos before purchase. County dog licenses are valid for one to three calendar years depending upon the type of license that is purchased. The term of the license must not exceed the expiration date of the rabies vaccination by more than 30 days.

(4) Proof of dog being altered must be submitted at the time of licensing if the owner or keeper is applying for a reduced licensing fee. Proof can be in the form of a certificate from a veterinary clinic, or a bill or invoice for the service that describes the dog for which the license is being purchased.

(5) A dog license is not transferable to another dog. The dog license number will be assigned to the dog and shall remain with the dog upon transfer to another keeper for the duration of the license period.

(6) A dog displaying a current license from jurisdictions outside Crook County, but within the state of Oregon, shall not require licensing under this section until the current license expires. The keeper of any dog licensed outside the state of Oregon must register the dog with Crook County within 30 days of moving into the county pursuant to ORS 609.100(6).

(7) Dog licenses may be sold in outpost locations by non-county personnel when authorized by a properly executed memorandum of understanding (MOU) with Crook County to do so.

(8) Failure to maintain a current county dog license subjects the owner or keeper to a fine of up to $250.00; with the first offense being no less than $50.00, the second offense being no less than $100.00, and any additional offense subject to the maximum penalty of $250.00.

(9) Law enforcement dogs as defined by ORS shall be subject to the licensing requirement of this section. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.025 Kennel license.

(1) Keepers of five or more dogs on their establishment or premises must obtain a kennel license from the county. A holder of a county kennel license may be subject to yearly inspection by an animal control deputy. Kennel licenses are valid for one to three years from date of issuance. Livestock dogs are exempt from this section.

(2) Requirements for a Kennel License.

(a) The keeper must submit an application to the Crook County animal control board; and

(b) Every dog covered by the kennel license must be vaccinated as provided by CCC 6.04.010; and

(c) At least minimum care conditions must exist on the property, as determined by the animal control deputy after an inspection of the premises. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.030 Dog identification tags.

Every purchaser of a county dog license will be provided with a suitable identification tag. The tag must be on a collar and kept on the dog at all times when the animal is not in the immediate possession of the keeper. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.035 Assistance animals.

Assistance animals in the county will not be charged a license fee. However, they will be provided with a county dog license and tag at no charge pursuant to ORS 609.100(4). (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.040 Dog control division of the general fund.

All funds derived under this chapter shall be turned over to the county treasurer, who will deposit them in the dog license fund to be expended as provided for by law. At the end of a fiscal year any amount of money in the fund determined by the county court to be in excess of the requirements of the dog license fund may be placed in the general fund of the county. Any third party authorized by the county to collect fines or fees applicable to this chapter must immediately pay such sums to the county treasurer, with the exception that an impound facility may retain fees related to the cost of care for an animal if authorized by the agreement to do so. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.045 Keeper regulations.

(1) For the purposes of this section, the keeper is the responsible party for the behavior of his or her dog regardless of who failed to prevent the dog from engaging in behavior subject to a county violation. If a minor is the keeper of a dog classified as dangerous, the parent or guardian of the minor shall be responsible for compliance with the specifications of this chapter, and for the care and housing of the dog. It is unlawful for a keeper to fail to prevent his or her dog from being a dangerous dog as defined by CCC 6.04.005(6).

(2) Except as otherwise provided in this chapter, or as required under Oregon law, any dog that is found to be a “dangerous dog” can be euthanized unless a hearing is requested pursuant to ORS 609.090. If the dog is not euthanized, the county may impose fines and other reasonable restrictions on the keeping of the dog. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.050 Off-premises control.

Any dog not contained within the owner or keeper’s property must be controlled by electronic device, mechanical means, or hand or voice command, to immediately restrict the actions and movement of a dog by the person responsible for the dog. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.055 Impoundment of dogs.

(1) The Crook County sheriff’s office or an animal control deputy, dog control officer, or peace officer may impound a dog upon a reasonable belief that the dog is the subject of a violation of any section of this chapter, with the exception of failing to license a dog. When a deputy sheriff’s only contact is for the sole reason of the dog not having a valid license the said dog will not be impounded, but may be issued a citation for not having a valid dog license. Impoundment may be initiated by immediately delivering the dog to an authorized impoundment facility.

(2) A person who has apprehended a dog that is in violation of CCC 6.04.060 while off of the keeper’s premises may hold the dog for delivery to a deputy or peace officer.

(3) Any impounded dog, which by reason of injury, disease or other cause, is suffering extreme pain or is dangerous to keep impounded, may be promptly and humanely euthanized. The animal control deputy, or the director or manager of an authorized impoundment facility may request a veterinarian to certify the condition of the animal in writing before the animal is euthanized.

(4) Unless otherwise provided in this chapter, dogs impounded will be held for the following minimum time periods, unless sooner reclaimed by their owner:

(a) Unlicensed dogs and dogs whose owners are unknown shall be held for five consecutive days, not including the day of impoundment, Sundays and federal holidays.

(b) Licensed dogs and dogs for which owners are known shall be held for five consecutive days, not including Sundays and federal holidays, from the date of notification of impoundment. If notification is by mail, the date of mailing shall be considered the date of notification.

(5) Release of Impounded Dogs. Unless otherwise ordered by the animal control board or circuit court a dog may not be released until final disposition of any violation alleging that the dog has menaced, bitten, injured, or killed a person or domestic animal. Otherwise an impounded dog may be released to its owner prior to final disposition of a violation after payment of the following applicable fees and charges:

(a) Impound fee;

(b) Daily board fee, to accrue the day following impoundment;

(d) Any fines, fees or costs imposed against the dog owner pursuant to this chapter;

(e) Expenses.

(6) If a dog owner has been cited for a violation or multiple violations of this chapter, and an animal control board or circuit court finds that no violation(s) occurred, then impoundment and board fees shall not be assessed until the first business day following issuance of that finding.

(7) If an owner fails to reclaim a dog as provided in this chapter the dog will be deemed surrendered to the county without compensation paid to the owner. An owner that fails to reclaim a dog will be civilly liable to the county for all penalties, fines, fees, costs and expenses authorized by this chapter and which may be collected in the same manner as any other debt allowed by law.

(8) In the event any dog is impounded with symptoms of an infectious or contagious disease or injury, the county may hire a licensed veterinarian to treat the dog. The dog owner shall be liable to the county for the expenses of veterinarian care. In the event that a licensed veterinarian is of the opinion that the dog cannot be treated or that the dog poses a threat to public health or safety, the dog may be immediately euthanized without compensation paid to the owner.

(9) If an impounded animal is released for adoption, adoption fees will be assessed by the impound facility.

(10) The county shall have the authority to develop and enforce adoption policies and procedures. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.060 Proof of county violations and defenses.

(1) All county violations under this section shall be established by a preponderance of the evidence.

(2) A disputable presumption shall arise that a dog has been engaged in killing, injuring or chasing livestock if:

(a) The dog is found chasing livestock not the property of the keeper of the dog in an area where freshly damaged livestock are found;

(b) The dog is found feeding upon a warm carcass of a livestock animal;

(c) An examination of the dog’s feces indicates ingestion of portions of the anatomy or covering of the anatomy of livestock by the dog; or

(d) Portions of the anatomy or covering of the anatomy of livestock are found on the teeth of the dog, unless the dog is regularly used for the purpose of herding sheep.

(3) A rebuttable presumption exists that:

(a) Serious physical injury has occurred when a dog bite causes any broken bone or any wound that requires one or more sutures;

(b) When a dog chases, threatens, or bites a person or pet and the action is unprovoked;

(c) A dog that bites a person or persons on two or more occasions within the previous two years is dangerous and cannot be safely kept;

(d) A dog that causes serious physical injury is dangerous and cannot be safely kept;

(e) All adults in a household with a dog are keepers of that dog;

(f) In addition to any other keeper, the person that licenses a dog shall be responsible for the action or behavior of the dog as provided within this chapter.

(4) A dog that is not “at large” that bites or causes physical injury to a person may not be considered a “dangerous dog” if the injured person, at the point of injury, was:

(a) Wrongfully assaulting the dog or the dog’s keeper; or

(b) Trespassing upon premises occupied by the dog’s keeper after provoking the dog; or

(5) A dog that is not “at large”, that bites, injures or kills another animal, may not be considered a “dangerous dog” if, at the time of the incident:

(a) The dog was clearly provoked by the other animal;

(b) The other animal was a dog or animal “at large”;

(6) A dog is not considered a “dangerous dog” if it is used for law enforcement purposes, is on duty, under the control of a law enforcement officer, and acting pursuant to the instruction of the law enforcement officer.

(7) It is unlawful for a keeper to fail to prevent a dog from being a public nuisance. For purposes of this section “a public nuisance” means the dog(s):

(a) Chase(s) persons or vehicles on premises other than those that the keeper of the dog may lawfully exclude others from;

(b) Damage(s) or destroy(s) property of persons other than the keeper of the dog;

(d) Trespasses on private property;

(e) Is a potentially dangerous dog, but is not as defined in CCC 6.04.005(6);

(f) Is at large as defined in CCC 6.04.005(8);

(g) Either individually or in concert, create(s) a disturbing dog noise or continuous annoyance.

(i) For the purpose of this section, “disturbing dog noise” means, but is not limited to: barking, whining, howling or similar sounds that occur for more than 45 minutes or 20 minutes during the night period on at least three different days within a 10-day period, that have a tendency to disturb a reasonable person off the keeper’s property.

(ii) For the purpose of this section, “continuous annoyance” means, but is not limited to, the activities of (a) dog(s) that disturbs a reasonable person by frequent or prolonged noise that may be heard beyond the boundary of the dog keeper’s property.

(h) Any dog that continues to bark, whine, howl or makes prolonged noise that is a disturbance beyond the boundaries of the keeper’s property will be held to the “three strike rule.”

(i) First Occurrence – Strike One. Keeper would be given a documented warning advising the keeper of the violation.

(ii) Second Occurrence within 30 Days – Strike Two. Keeper would receive a citation for the violation and a documented report submitted to the court.

(iii) Third Occurrence within 30 Days – Strike Three. Keeper would receive another citation and keeper’s dog may be impounded and lodged at an approved facility.

(iv) If any violations of continuous annoyance occur after a 30-day period during the three strike rule time frames the process would start over with strike one.

(8) It is unlawful for a keeper to:

(a) Leave an animal unattended for more than 24 consecutive hours without minimum care;

(b) Physically mistreat an animal by abuse or neglect;

(c) Permit an animal to be confined within or on a motor vehicle at any location, such as to endanger the health or well-being of the animal. This is including but not limited to dangerous or extreme temperatures, and the lack of food or water.

(9) A deputy sheriff or animal control deputy is authorized to remove an animal from a motor vehicle at any location, public or private, when the deputy reasonably believes it is in imminent danger of death or serious injury. An animal that is removed from a motor vehicle shall be delivered to an authorized impoundment facility after proper veterinary treatment. A deputy who removes an animal must leave written notice of the removal and delivery of the animal in a conspicuous, secure location on or within the vehicle. A report will be forwarded to Crook County counsel and the district attorney’s office for review. Any fees incurred for the treatment of any animal that was subject to neglect shall be the responsibility of the owner or keeper of that animal.

(10) A deputy sheriff or animal control deputy acting lawfully and in good faith shall not be held criminally liable for entering a residence, structure or vehicle to rescue or seize an animal.

(11) It is unlawful for any person to:

(a) Harbor a dangerous dog or animal;

(b) Fail to produce an animal for quarantine or inspection as it relates to quarantine, to a law enforcement officer or health department employee;

(c) Remove or attempt to remove an animal from impoundment without the proper authority from an authorized impoundment facility, the sheriff’s office, the district attorney, or the county or circuit court;

(d) Place food, poisons or other injurious ingredients in an area that is reasonably likely to be accessible to animals, except as provided for by law or with the authority of the court.

(e) Fail to comply with any requirement of this chapter.

(12) If the circuit court or dog control board determine that a dog is a dangerous dog, they will determine based upon the facts established at the hearing the sentence for the dog or the dog’s keeper. The sentence can include any combination of restrictions, euthanasia, fines, restrictions, and community service. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.065 Biting dogs – Dangerous dogs.

(1) Reporting Biting Dogs.

(a) The owner of a dog that bites a person or domestic animal shall immediately notify the Crook County sheriff’s office of the time and circumstances of the bite along with a description of the biting dog, its rabies inoculation status, the owner’s name and address, and if known the name and address of the person who was bitten or the person that owns a bitten domestic animal.

(b) Any person who is bitten, or owns a domestic animal bitten by a dog shall immediately notify the Crook County sheriff’s office of the time and circumstances of the bite along with his/her name and address, a description of the biting dog, and if known the name and address of the dog owner.

(2) Quarantine of Biting Dogs.

(a) When a dog is suspected of having bitten a person or domestic animal the dog may be impounded. A dog suspected of biting a person will be quarantined at the owner’s expense for a period of at least 10 days following the bite, unless the owner presents proof of valid rabies vaccination through the Humane Society or a veterinarian. All wolf hybrids must be quarantined regardless of vaccination.

(b) When a dog is quarantined at the premises of the owner the dog shall not be permitted to leave the confines of a prescribed quarantine area whether the dog’s release is willful or through a failure to exercise proper care or control.

(3) Dangerous Dogs.

(a) Classification of Dog as a Dangerous Dog. A dog may be classified by the animal control board as a dangerous dog when it has been found to have engaged in any of the behaviors listed in CCC 6.04.005(6).

(b) Notice of Classification – Hearing.

(i) Prior to a dog being classified as dangerous, the owner shall have a right to a hearing before the animal control board or circuit court. The animal control officer shall send a dangerous dog notice to the dog owner by certified mail or personal service; if sent by mail the date of mailing will be considered the date of service. The notice shall inform the owner of:

(A) A description of the alleged incident and specific behavior that supports classification of the dog as dangerous.

(B) The regulations that may be imposed following a dangerous dog classification, including the requirement of a dangerous dog certificate.

(D) Information that the dog owner must request a hearing within seven days from the date of service by delivering a written request to the Crook County sheriff’s office.

(E) Information that if the dog owner does not make a timely request for hearing, the dog owner shall be deemed to have waived his/her right to a hearing. Thereafter, following proof of sufficient evidence that the dog is dangerous, the animal control board or circuit court may so classify the dog and impose regulations consistent with this chapter.

(ii) Following a timely request for a hearing, the animal control board or circuit court will set the date and time of the hearing and notify the dog owner. A hearing on classification of a dangerous dog may be consolidated with a hearing on any underlying violation.

(iii) When a dog has been classified as dangerous, the dog shall be microchip identified at the expense of the owner, as provided in ORS 609.168. In addition, the animal control board or circuit court may impose the following regulations, and order that:

(A) The dog is kept in a secure enclosure;

(B) The dog owner obtains and maintains proof of public liability insurance;

(C) The dog owner not permit the dog to be off the owner’s premises unless the dog is muzzled and restrained by an adequate leash and under the control of a competent person;

(D) The owner successfully completes a pet ownership program approved by the animal control officer;

(E) The dog successfully completes obedience training certified by the American Temperament Testing Society or other similar program approved by the animal control officer;

(F) The dog be spayed or neutered;

(G) Euthanasia. Prior to entry of an order requiring euthanasia the animal control board or circuit court shall consider the factors set out in ORS 609.093 in making findings to support the decision. The hearing officer shall also consider the dog and dog owner’s violation history to include all known determinations by any court, governing body, official or agency of any local or state government without regard to where or when the incident occurred. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.070 Notice of county violations (citations).

(1) Whenever a deputy sheriff or animal control deputy has reasonable grounds to believe that an animal or the keeper is in violation of this chapter, the deputy shall be authorized to issue the keeper a citation, seize the animal, or both.

(2) The citation shall be served on the owner or keeper of the animal by personal service or in a manner consistent with state law.

(3) The citation shall contain the following information:

(a) The name and address, if known, of the person in violation of this chapter, and a description of the animal, if applicable;

(b) The county code or ORS section allegedly violated, with a brief descriptive statement as to the nature of the violation;

(c) A statement explaining that all fines are due within 30 days of service of the citation, or court appearance and time set by the court;

(d) A statement advising that if any civil fine is not paid within 30 days of service, or a scheduled court appearance, it may lead to an increase of the original fine set forth by the circuit court or dog control board;

(e) A statement that the determination of a county violation is final unless appealed by filing notice of appeal with the appropriate fee set by the county court. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.075 Admission of county violation.

A party issued a notice of county violation may admit to the violation and submit the fine to the county in lieu of a hearing. The party may attach an explanation of circumstances with the payment of the fine. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.080 Regulations for wolf/dog hybrids.

(1) A wolf/dog hybrid found to have bitten or physically injured a person or animal is subject to testing provided for by state laws regarding wild or exotic animals.

(2) When not on a strong, secure leash, wolf/dog hybrids must be confined in an enclosure or kennel that meets the requirements of subsection (4) of this section at all times. The secure enclosure or kennel must not interfere with legal access to the keeper’s property. A wolf/dog hybrid may not be chained or tethered as a method of confinement.

(3) Secure enclosures or kennels which will be used to confine a wolf/dog hybrid must be inspected by the animal control deputy or designee prior to use. The animal control deputy will issue a permit allowing occupancy of the enclosure or kennel by a wolf/dog hybrid, if the standards of subsection (4) of this section are met.

(4) Enclosure or kennel used to confine a wolf/dog hybrid must meet the following requirements:

(a) It must provide sufficient space to allow freedom of movement; to keep the animals clean, dry and safe from injury, and to provide access to clean water and food;

(b) It must have a floor constructed of concrete or have a heavy buried wire barrier that is sufficient to prevent animals from digging out;

(d) Outdoor facilities shall have an additional perimeter fence surrounding the enclosure that provides a minimum of three feet between the fence and enclosure. The perimeter fence must be constructed to prevent entry from the public. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.085 Livestock dogs.

(1) A livestock dog is required to have a county license. This license is available at a reduced rate after presenting proof of rabies vaccination in compliance with CCC 6.04.010. Additionally, an IRS tax schedule “F” form may be required in order to prove the working status of the dog.

(2) This section does not limit the application of CCC 6.04.045 to the owner or keeper of a livestock dog.

(3) Ranch licenses can be obtained at the rates set forth in the county fee schedule. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.090 Livestock at large.

For purposes of this chapter, the owner or keeper of any livestock defined in CCC 6.04.005(12) that are at large on land not designated “open range” is liable for damage to the property of others. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.095 Dog control board.

(1) The dog control board (board) will be appointed in accordance with ORS 609.030. The dog control board shall be composed of three members, at least two members who shall be directly or indirectly involved with the livestock industry. The board shall have the authority and duty to:

(a) Serve as an advisory board to the county court;

(b) Review and recommend policies and regulations for the operation of the dog control district; and

(c) Hear claims brought before the board relating to the disposition of chasing, menacing or biting dogs and dogs constituting a public nuisance.

(2) Upon the effective date of the ordinance codified in this chapter, the persons initially appointed to serve on the board will serve as follows:

(a) Each member shall be appointed for a term of four years. At the expiration of a member’s term, the county court shall appoint a new member, or may reappoint a member for another four-year term. If a member is removed by the county court, or resigns from the board, a replacement member will serve until the expiration of the term of the member being replaced;

(b) Members should be appointed so that no two members’ terms expire in the same year;

(c) The board will meet and elect a chairperson from among its members. The chairperson will preside at the meetings of the board, and will conduct the meetings in accordance with ORS 609.010 through 609.190;

(d) Two voting members shall constitute a quorum. No decision shall be made by the board unless a quorum is present, and a majority is reached;

(e) The members of the board will not receive compensation for services, except for reimbursement of actual and necessary expenses incurred in the performance of their duties. Request for reimbursement of expenses must be submitted to the county court;

(f) The board shall enforce all of the county and state laws relating to control of dogs within the county and such other duties as the county governing body may assign to it; however, the board shall not issue licenses or make arrests. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.100 Severability clause.

Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared invalid, that declaration shall not affect the validity of any other section, subsection, paragraph, sentence, clause or phrase; if this chapter or any portion thereof should be held to be invalid on one ground, but valid upon another ground, it shall be construed that the valid ground is the one upon which the ordinance or portion thereof was enacted. (Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)