Chapter 6.05
DOG CONTROL
Sections:
6.05.020 Running at large unlawful.
6.05.040 Disposition of impounded dogs.
6.05.050 Conditions for release of impounded dog.
6.05.060 Fees and penalties for impounded dogs.
6.05.100 Entry onto private property.
6.05.110 Disposition of funds.
6.05.010 Definitions.
“Board of commissioners” or “board” means the board of county commissioners for Tillamook County.
“Enforcement officer” means any law enforcement officer, dog control officer, public official or code enforcement officer as designated by Tillamook County or incorporated city which has consented to jurisdiction of this chapter.
“Owner” means any person or legal entity having a possessory property right in a dog or who harbors, cares for, exercises control over or knowingly permits any dog to remain housed by such person or legal entity.
“Run at large” or “running at large” means any dog not confined to the premises of its owner, unless in or upon any vehicle or restrained by a leash, tether or other physical control device not to exceed eight feet in length and under the physical control of a person, whether or not the owner of such dog, or which enters upon land of another person or of a lawful occupant without authorization of that person or lawful occupant, or which is not within the complete control of the owner. [Ord. 279 § 1(1), 2005.]
6.05.020 Running at large unlawful.
Hereafter it shall be unlawful for any owner of a dog to suffer or permit such dog to run at large. [Ord. 279 § 1(2), 2005.]
6.05.030 Impoundment.
Any enforcement officer is hereby authorized to impound any dog running at large as defined in this chapter. [Ord. 279 § 1(3), 2005.]
6.05.040 Disposition of impounded dogs.
If the owner of an impounded dog does not claim and redeem an impounded dog within the period of five days from and including the date of impoundment, the county may cause the dog to be transported to any humane society within or without Tillamook County that is willing to take the dog. [Ord. 279 § 1(4), 2005.]
6.05.050 Conditions for release of impounded dog.
Any dog impounded pursuant to the provisions of this chapter may be released to the owner by the impoundment facility operators during its regular business hours upon payment to the facility operators the expense incurred in the housing and maintenance of the dog. [Ord. 279 § 1(5), 2005.]
6.05.060 Fees and penalties for impounded dogs.
Following the release of any dog impounded pursuant to the provisions of this chapter, the owner of the dog shall pay to the county clerk at the Tillamook County courthouse, during regular business hours:
A. An impoundment fee of $25.00 for the first impoundment, $50.00 for the second impoundment, or $100.00 for each subsequent impoundment; and
B. If unlicensed, the applicable license fees as provided in GMC 6.05.090. [Ord. 279 § 1(6), 2005.]
6.05.070 Barking dogs.
No person who is the owner of a dog, or who has or shares the care, custody, possession or control of a dog shall allow the dog to bark loudly or with such frequency as to cause discomfort to other persons. Once a complaint has been received by an enforcement officer, a citation may be issued for violation of this section if a complaint is signed by the person complaining of the barking dog. [Ord. 279 § 1(7), 2005.]
6.05.080 Licenses.
A. Every owner of a dog residing within the unincorporated areas of Tillamook County, or within the city limits of an incorporated city which has consented to jurisdiction of this chapter, and which dog has grown permanent canine teeth or has attained the age of six months, whichever event occurs first, shall immediately obtain a license for the dog.
B. Licenses shall be valid from January 1st to December 31st and are renewable on January 1st of each year; provided further, that a penalty of $3.00 shall be collected for each dog not licensed after March of each year. The licensing program shall become effective on January 1, 2005.
C. No license shall be issued until a certificate of vaccination for rabies, valid for the license year, is presented to the licensing department.
D. For record purposes, a new owner of a licensed dog is required to notify the licensing department within 30 days at no additional cost to the new owner.
E. A license tag issued to a dog owner shall be attached securely to a collar or harness on the dog for which it was issued. If a license tag is lost, the owner may obtain a duplicate license tag upon payment of the required fee.
F. Licenses shall be issued through the Tillamook County clerk's office at the county courthouse in the city of Tillamook during regular business hours. [Ord. 279 § 1(8), 2005.]
6.05.090 License fees.
The dog license fee which is due and payable upon the issuance of a license, and the other license fees required to be paid under the provisions of this chapter, shall be as follows:
|
Dog license fee – not neutered fee |
$25.00 |
|
Dog license fee – neutered fee |
$5.00 |
|
Dog license fee – not neutered fee – owner 65 years or older |
$9.00 |
|
Dog license fee – neutered fee – owner 65 years or older |
$3.00 |
|
Duplicate license |
$2.00 |
|
Late license penalty fee (additional) |
$3.00 |
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 a dog upon proper proof of rabies vaccination, and upon filing an affidavit by the blind person showing such dog to come within this exemption. Such affidavit shall be filed with the licensing department.
B. No license fee shall be required for any dog used as an “assistance animal” as defined by ORS 346.680.
C. Dog owners applying for a reduced fee for a neutered dog must present to the licensing department a certificate from a licensed veterinarian stating that the dog to be licensed has been neutered.
D. For dogs acquired after July 1st of each year, the dog license fees shall be:
|
Dog license fee – not neutered fee |
$6.00 |
|
Dog license fee – neutered fee |
$2.50 |
|
Dog license fee – not neutered fee – owner 65 years or older |
$4.50 |
|
Dog license fee – neutered fee – owner 65 years or older |
$1.50 |
[Ord. 279 § 1(9), 2005.]
6.05.100 Entry onto private property.
Any enforcement officer shall have the privilege of entering onto private land in the course of the officer's duties in enforcing the provisions of this chapter, but such officer shall not enter into any building or dwelling without legal authorization or permission of the owner or occupant of the premises. [Ord. 279 § 1(10), 2005.]
6.05.110 Disposition of funds.
The expense of administering the dog control program under this chapter and any other expenses incurred in the enforcement of this chapter shall be paid from the dog control fund within the general fund, as is specified in the budget of Tillamook County and all monies received from dog license fees, penalties, or other income attributable to this chapter shall be credited to this fund, and used exclusively for the purposes set forth herein. [Ord. 279 § 1(11), 2005.]
6.05.120 Animal confinement.
A. It shall be unlawful for any person to allow or permit any animal to be confined within or on a motor vehicle, or at any location, under such conditions as may endanger the health or well being of the animal, including but not limited to dangerous temperature, lack of food, water or attention, or confinement with a dangerous animal.
B. No enforcement officer shall be held criminally or civilly liable for action pursuant to this section, provided the officer acts in good faith, or with probable cause and without malice. [Ord. 279 § 1(12), 2005.]
6.05.130 Applicability.
This chapter shall apply within the unincorporated areas of Tillamook County as well as within those incorporated cities that have consented to the jurisdiction of this chapter, as indicated by the signature of its designated public official contained herein. [Ord. 279 § 1(13), 2005.]
6.05.140 Penalties.
A. In addition to any other remedies under law, failure to procure a license in accordance with ORS 609.100 and this chapter shall be deemed a violation and punishable upon conviction by a fine of not more than $100.00. This fine shall be separate from and in addition to required licensing fees and penalties established under this chapter.
B. In addition to other remedies under law, violation of GMC 6.05.020, 6.05.060, 6.05.070 and 6.05.120 is punishable upon conviction by a fine of not less than $100.00, nor more than $500.00, plus court costs and the actual cost and expense incurred by the county in the seizure, holding, treatment, maintenance and disposition of a dog which was permitted by its owner or the person having or sharing the care, custody, possession or control of the dog, to violate any portion of this chapter. [Ord. 279 § 1(15), 2005.]