Chapter 6.05
ANIMAL REGULATIONS

Sections:

6.05.010  Definitions.

6.05.020  Animals at large prohibited.

6.05.030  Barking and howling dogs prohibited.

6.05.040  Animal waste matter.

6.05.050  Dog licenses.

6.05.060  Cat licenses.

6.05.070  Commercial kennel license.

6.05.080  Noncommercial kennel license.

6.05.090  Fees.

6.05.100  License fees – Exceptions.

6.05.110  Late fee.

6.05.120  Abandoned animals.

6.05.130  Sick or injured animals.

6.05.140  Impoundment of animals.

6.05.150  Impounding regulations and disposition of impounded animals.

6.05.160  Impoundment – Redemption and sale.

6.05.170  Killing and chasing livestock, pets or wildlife.

6.05.180  Dangerous animals.

6.05.190  Reporting biting dogs or other animals.

6.05.200  Biting and rabid animals – Quarantine.

6.05.210  Dead animals – Removal of carcasses.

6.05.220  Running at large.

6.05.230  Tied or picketed animal – Entry on sidewalk or street prohibited.

6.05.240  Entry onto private land.

6.05.250  Enforcement authority.

6.05.260  Violation – Penalties.

6.05.010 Definitions.

As used in this chapter, the following words and phrases, unless the context otherwise requires, shall mean:

(1) "Abandoned animal" means any animal which appears to have been left without proper food and water for a period of over 24 hours; any sick or injured animal which appears to have been left without care or treatment for over 24 hours; any barking dogs which appear to have been without supervision for a period of over 24 hours; or any unlicensed dog running at large.

(2) "Animal" means any animal, reptile, bird, or other living creature, including dogs and livestock, but not including human beings.

(3) "Animal at large" means any animal, other than a cat, inside the corporate limits of the city, off the premises of the keeper, and not under the complete control of the keeper or another person by adequate leash. Excepted from this definition are dogs in obedience or field training exercises under the direct supervision of a handler in areas designated and posted by the city.

(4) "Animal control authority" means the animal control enforcement authority appointed by the city.

(5) "Animal control officer" means an officer of the animal control authority.

(6) "Animal keeper" means any person, firm, association, or corporation who harbors an animal or who has it in the person's care, possession, custody, or control, or who knowingly permits an animal, other than a wild animal, to remain on premises occupied by the person. Except for purposes of VMC 6.05.020, 6.05.030, 6.05.040, 6.05.120, 6.05.130, 6.05.160, 6.05.170, 6.05.180 and 6.05.220, the keeper does not include veterinarians or commercial kennel operators temporarily maintaining animals on their premises for a period of not more than 30 days.

(7) "Barking dog" means a dog which persistently barks or howls and thereby unreasonably deprives any person of peace and quiet.

(8) "Cattery" means a place of business, establishment, premises, or residence used for or the care of cats, including, but not limited to, the boarding, grooming, breeding, show breeding, training, or selling of cats, but not including an animal hospital.

(9) "Commercial dog kennel" means a place of business, establishment, premises, or residence used for the care of dogs, including, but not limited to, the boarding, grooming, breeding, show breeding, training, or selling of dogs, but not including an animal hospital.

(10) "Dangerous animal" means any animal, including a dog, which has the propensity to bite or attack any person without provocation and the capacity to inflict serious harm on that person. It shall be presumed that any animal which has injured a human being on one occasion without provocation is a dangerous animal.

(11) "Leash" means any humane device constructed of rope, leather strap, chain or other sturdy material not exceeding 20 feet in length, being held by a person capable of controlling the animal to which it is attached.

(12) "Livestock" means cattle, sheep, horses, goats, swine, fowl, poultry, and any fur or feather-bearing animal bred and maintained commercially or otherwise within pens, cages, or hatches.

(13) "Neutered" means the removal of the ovaries and uterus, ovarian hysterectomy, in female dogs. The removal of the male gonads in male dogs.

(14) "Noncommercial dog kennel" means an establishment or premises where three or more dogs over four months of age are boarded, kept, or maintained for the hobby of the householder, but not including an animal hospital.

(15) "Watchdog" means a dog which is a dangerous animal or which is trained to attack intruders or which is confined at a business or commercial establishment to protect merchandise, inventory, or equipment. (Ord. 379 § 1, 1997)

6.05.020 Animals at large prohibited.

No animal keeper shall permit an animal to be at large. (Ord. 379 § 2, 1997)

6.05.030 Barking and howling dogs prohibited.

No person shall keep a barking dog. (Ord. 379 § 3, 1997)

6.05.040 Animal waste matter.

It shall be unlawful for an animal keeper, other than a cat keeper, to allow the animal to deposit solid waste matter on any improved property other than that of the animal keeper, unless the animal keeper immediately removes the solid waste. (Ord. 379 § 4, 1997)

6.05.050 Dog licenses.

(1) Every keeper of a dog which has a set of permanent canine teeth or which has attained the age of eight months, whichever event occurs first, shall immediately obtain a license for the dog.

(2) Licenses shall be valid for one year from the date of issuance or until the person who obtained the license ceases to be the dog's keeper, whichever occurs first.

(3) No license shall be issued until a certificate of vaccination for rabies, valid for the license year, is presented to the dog control authority.

(4) Dog keepers shall renew the dog license before it becomes delinquent for as long as they keep the dog.

(5) A license tag issued to a dog keeper shall be attached securely to a collar or harness on the dog for which it was issued. If the license tag is lost, the keeper may obtain a duplicate license upon satisfactory proof of loss and payment of the required fee.

(6) Except as provided in VMC 6.05.070 and 6.05.080, no dog keeper shall be entitled to obtain licenses for more than three dogs, and no more than three dogs of licensing age may be kept or maintained at any one residence, regardless of who is the keeper of the dogs; provided, however, that the dog keepers shall be entitled to obtain licenses for up to five dogs, if all such dogs are kept on property which is not less than one acre in size and which is zoned as "rural-residential" property in accordance with the city's zoning ordinance. No more than five dogs of licensing age may be kept on any such property.

(7) Notwithstanding the provisions of subsection (6) of this section, any dog keeper shall be entitled to obtain licenses for all dogs properly licensed as of the effective date of the ordinance codified in this chapter. However, if the total number of dogs kept by a keeper or at any one residence exceeds the number permitted by subsection (6) of this section, neither the dog keeper nor any other person residing on said premises shall be permitted to keep or license individually any dogs other than those which were kept on the effective date of the ordinance codified in this chapter, until such time as the total number of dogs kept upon such premises drops below the maximum number of allowable dogs allowed under subsection (6) of this section. (Ord. 379 § 5(a), 1997)

6.05.060 Cat licenses.

(1) Cats must be licensed if the city so requires by resolution.

(2) No person shall keep more than three cats over the age of four months, nor shall more than three cats over the age of four months be kept at any one residence, regardless of who is the keeper of the cats; provided, however, that up to five cats may be kept if they are maintained on property which is not less than one acre in size and which is zoned "rural-residential" in accordance with the city's zoning ordinance.

(3) Notwithstanding the provisions of subsection (2) of this section, all cats kept at any one residence upon the effective date of the ordinance codified in this chapter may, if licensed within 90 days of the effective date of any city resolution requiring cats to be licensed, continue to be kept until their deaths or until the cats cease to be kept by the person in possession of the residence. However, if the total number of cats kept at any one residence exceeds the number permitted by subsection (2) of this section, neither the cat keeper nor any other person residing on such premises shall be permitted to keep any cats other than those kept upon the effective date of the ordinance codified in this chapter, until such time as the total number of cats kept upon such premises drops below the maximum number permitted in subsection (2) of this section.

(4) No person shall operate a cattery without a cattery license. A license under this section shall permit any cats kept, maintained, or boarded on the premises licensed for the cattery to be at large.

(5) Cattery licenses will be issued only for premises which are not less than one acre in size and zoned "rural-residential" property in accordance with the city's zoning ordinance, and such licenses may be revoked in accordance with the procedure set forth in VMC 6.05.070(4). (Ord. 379 § 5(b), 1997)

6.05.070 Commercial kennel license.

(1) No person shall operate a commercial kennel without a commercial kennel license. Commercial kennel licenses shall be valid for one year from the date of issuance.

(2) Commercial kennel licenses function in lieu of individual dog licenses. Dogs licensed under this section must at all times be confined to the kennel premises so as not to be at large.

(3) No commercial kennel license will be issued under this section to anyone not in conformity with applicable zoning statutes and ordinances. Commercial kennel licenses will be issued only for property which is not less than one acre in size and in accordance with the city's zoning ordinance.

(4) The following provisions shall govern revocation of kennel licenses:

(a) Three or more violations of this chapter within a period of 12 calendar months shall result in revocation of licenses granted under this section.

(b) Such revocation may occur only after a hearing before the municipal court judge and after the licensee has been mailed a notice of a time to appear at least five days in advance of the hearing. The notice shall include a general statement of the reasons for commencing the revocation proceedings.

(c) If the license is revoked, the licensee shall have 10 days in which to file a written appeal, on a form to be provided by the dog control authority, to the city council. Should no appeal be made, the revocation is effective upon the expiration of the appeal period. (Ord. 423 § 1, 2001; Ord. 379 § 5(c), 1997)

6.05.080 Noncommercial kennel license.

Noncommercial kennel licenses are not permitted in the city of Veneta. All persons who held a noncommercial kennel license under former Ordinance No. 147 and who have obtained individual licenses for each dog kept by the person at the person's noncommercial dog kennel as of the effective date of Ordinance No. 297 shall be entitled to renew said licenses until the death of each dog, or until the person ceases to be the dogs' keeper. The number of dogs licensed under this section may exceed the maximum number of allowable dogs under VMC 6.05.050(6).

However, if the total number of dogs kept pursuant to this section exceeds the number permitted under VMC 6.05.050(6), neither the person nor any other person residing on the same premises shall be permitted to keep any dogs other than those kept upon the effective date of the ordinance codified in this chapter until such time as the total number of dogs kept upon such premises drop below the maximum number of allowable dogs under VMC 6.05.050(6). (Ord. 379 § 5(d), 1997)

6.05.090 Fees.

The dog and cat license fees which are due and payable upon the issuance of a license, and the other fees required to be paid under this chapter, shall be set by separate resolution adopted by the council. (Ord. 379 § 5(e), 1997)

6.05.100 License fees – Exceptions.

(1) No license fee shall be required for any dog kept by a blind person who uses the dog as a guide. A license shall be issued for such dog upon proper proof of rabies vaccination and upon filing of an affidavit by the blind person showing such dog to come within this exemption. Such affidavit shall be filed with the dog control authority.

(2) One-half price individual dog and cat licenses will be provided for which have been neutered. Dog and cat keepers applying for this reduced fee must present to the animal control authority a certificate from a licensed veterinarian stating that the animal to be licensed has been neutered.

(3) After application upon a form to be provided by the dog control authority, a permit may be issued to the keeper of a dog to use that dog as a watchdog. The fee for such permit shall be in addition to the individual dog license fee.

(4) One-half price individual dog and cat licenses will be provided for any dog or cat kept by a person 65 years of age or older upon proof of rabies vaccination and proper proof of age. (Ord. 379 § 5(f), 1997)

6.05.110 Late fee.

A late fee of $10.00 will be charged if the license is not renewed within 30 days of the expiration date of the license. (Ord. 379 § 5(g), 1997)

6.05.120 Abandoned animals.

No animal keeper shall permit an animal to be abandoned. Any peace officer or animal control officer may:

(1) Provide food or water to abandoned animals. The animal keeper shall pay for such services.

(2) Impound any abandoned animal. As soon as practical, notice of impoundment under this section shall be posted at the house or be mailed to the keeper or, if the keeper is unknown, to the address at which the animal is found and impounded. (Ord. 379 § 6, 1997)

6.05.130 Sick or injured animals.

(1) Any sick or injured animal found by a peace officer or animal control officer off the premises of its owner shall be delivered to its owner if it is feasible to do so. Any sick or injured animal for which the owner is either unknown or cannot be reached after reasonable attempts to do so may be impounded. If the animal control officer or peace officer determines that the animal is too severely injured to move, or is in need of veterinary care, but reasonably believes that the owner or keeper of such animal cannot be found or will not pay the cost of such veterinary care, the animal control officer or peace officer may elect to destroy or have the animal destroyed immediately. If the method of destruction is to be euthanasia, this will be performed by a licensed veterinarian or technician. If the animal control officer believes that the animal should not be destroyed and that treatment is necessary, the animal may be delivered to a veterinarian for medical 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.

(2) The city may contract for veterinarian services to be provided under this section.

(3) The keeper of any animal treated under this section shall pay the cost of such veterinary treatment, together with all costs of moving, destroying, or disposing of an animal in accordance with this section. (Ord. 379 § 7, 1997)

6.05.140 Impoundment of animals.

(1) Any peace officer, animal control officer, or city employee may impound any animal which is in violation of this chapter.

(2) The animal control authority shall impound an animal if the keeper of the animal has not posted bail or paid a fine for a violation of this chapter imposed by the municipal judge. For any animal so seized, the notice and disposition of the animal shall be in the same manner as for licensed animals under this chapter.

(3) Any person whose property has been trespassed upon by any animal in violation of this chapter may immediately apprehend that animal upon his property and hold the animal until delivery to an animal control officer, city employee, or to any peace officer. Any person who so impounds an animal shall immediately notify the animal control authority of such impoundment. (Ord. 379 § 8, 1997)

6.05.150 Impounding regulations and disposition of impounded animals.

(1) Except as provided in VMC 6.05.130, the animal control authority shall keep any animal impounded for the period of time hereinafter specified. A daily record of such animals shall be kept at the place of impoundment and shall be made available to the public upon request. The animal control authority shall dispose of such animals in accordance with the following provisions:

(a) Unlicensed animals or animals for which the keeper is unknown which have not been redeemed within 72 hours after impoundment may be sold or destroyed.

(b) A licensed animal or animal for which the keeper is known which has not been redeemed within 120 hours of notification of the keeper by telephone contact, mailing of impoundment notice, or delivery of impoundment notice to the keeper's residence, may be sold or destroyed.

(2) Except as provided in VMC 6.05.130 or in subsection (1)(a) of this section, the animal control authority shall notify the keeper by telephone, by mailing an impoundment notice to the keeper's residence, or by delivering an impoundment notice to the keeper's residence as soon as practicable after impoundment. If the keeper's residence and telephone number are unknown or the city is unsuccessful in contacting the keeper by telephone after not less than two attempts, notice of impoundment may be given by posting at Veneta City Hall. The impoundment notice shall advise the keeper 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 animal.

(3) Except as provided in VMC 6.05.130, an animal keeper whose animal is impounded, within the period described in subsection (1)(a) or (b) of this section, whichever is applicable, may appeal the seizure and impounding by applying to the municipal judge for the release of the animal, and the municipal judge shall thereupon set a time and place for hearing the application and notify the impounding officer; and upon a summary hearing at such time and place, the municipal judge shall have full power to determine whether the animal has been wrongfully impounded and whether the animal shall be returned to its keeper, and upon what terms. Payment of the impoundment fee shall not prejudice an animal keeper's right to appeal from an allegedly wrongful impoundment.

(4) Notwithstanding any other provision of this chapter, any animal given to the animal control authority by the owner for disposal may be destroyed immediately, or sold. If the owner specifically requests that the animal be destroyed, it shall be destroyed and not sold. (Ord. 379 § 9, 1997)

6.05.160 Impoundment – Redemption and sale.

(1) No animal accused of chasing, killing, wounding or injuring livestock, biting or attempting to bite a human being, or carrying any dangerous disease shall be redeemed except upon order of the municipal court entered after hearing pursuant to subsection (3) of this section. The municipal court may impose conditions of redemption to prevent any further violation of this chapter, including, but not limited to, requirements that the animal be confined, quarantined, defanged, declawed, examined, muted, or trained.

(2) Redemption of an impounded animal shall be made by the keeper of the animal exhibiting satisfactory proof that the person is the animal's keeper and by paying the following required fees and charges.

(a) Impoundment fee;

(b) Daily care fee;

(c) License and rabies vaccination fees, if required;

(d) Medical care fees, if required.

(3) The animal control authority or municipal court may require that an impounded animal be vaccinated for rabies and licensed as a condition of redemption.

(4) No impoundment charge shall be made for an animal released after the municipal court's determination that no violation occurred.

(5) Impounded animals may be sold. When an animal is sold by the animal control authority, the purchaser shall pay any required license and rabies vaccination fees.

(6) No live animal shall be sold by the animal control authority for surgical or medical demonstration or vivisection.

(7) Except as otherwise provided, if, after 72 hours, an impounded animal cannot be sold, the animal control authority is authorized and empowered to destroy the animal by any humane method permitted under state law. (Ord. 379 § 10, 1997)

6.05.170 Killing and chasing livestock, pets or wildlife.

(1) No animal keeper shall permit his animal to chase, kill, wound or injure livestock, pets or wildlife not belonging to the animal keeper, while off the premises owned or under the control of the animal keeper.

(2) If any animal, not under the control of its keeper, is found chasing or feeding upon the warm carcass of livestock, pets or wildlife not the property of such keeper, it shall be deemed (prima facie) as engaged in killing, wounding, or injuring livestock.

(3) Except as provided in subsection (4) of this section, any animal, whether licensed or not, which, while off the premises owned or under control of its keeper, kills, wounds, or injures any livestock, pet or wildlife not belonging to the keeper of such animal, is a public nuisance and may be killed immediately by any person. However, nothing in this section applies to any animal acting under the legal direction of its keeper, or the agents or employees of such keeper, as long as such direction is not in violation of any state statute or city ordinance.

(4) No person shall kill any animal, wherever located, for killing, wounding, injuring, or chasing within the corporate limits of this city.

(5) No person shall keep any animal with knowledge that it has killed or wounded livestock, pets or wildlife.

(6) No keeper shall permit an animal to be at large and to chase, kill, wound, or injure livestock, pets or wildlife not belonging to the animal keeper.

(7) An animal found to have chased, killed, wounded or injured livestock, pets or wildlife in violation of this section may be impounded and disposed of in accordance with VMC 6.05.160. (Ord. 379 § 11, 1997)

6.05.180 Dangerous animals.

(1) No person shall keep a dangerous animal, except for a licensed watchdog.

(2) A dangerous animal may be impounded by any peace officer, dog control officer, or city employee, and disposed of in accordance with VMC 6.05.160.

(3) A dangerous animal running at large which, because of its disposition or diseased condition, reasonably appears to be hazardous to apprehend may be destroyed by any peace officer, dog control officer, or city employee. A dangerous animal running at large may be destroyed by any other animal upon property owned by such person if such person reasonably believes such action is necessary to prevent imminent physical harm to any person. (Ord. 379 § 12, 1997)

6.05.190 Reporting biting dogs or other animals.

(1) The keeper of an animal which bites a human being shall immediately notify the animal control authority of such bite, the time and circumstances of such bite, and the name and address of the person bitten, if known.

(2) Any person who is bitten by an animal shall forthwith notify the animal control authority of such bite, giving a description of the animal, the time and circumstances of the bite, and the name and address of the keeper, if known.

(3) When a doctor, veterinarian, hospital employee, emergency medical technician, or other person has information that a person has been bitten by an animal, such person shall forthwith notify the animal control authority. (Ord. 379 § 13, 1997)

6.05.200 Biting and rabid animals – Quarantine.

(1) When either the animal control authority or the department of public health and sanitation or public safety of Lane County has grounds to suspect that an animal is infected with the disease of rabies, there shall be delivered to the keeper of the animal a written notice thereof, if the keeper's name and address are known to the animal control authority. Upon receipt of the notice, the keeper shall be required to quarantine the animal for 30 days, or such other time period as the animal control authority may designate, at a location designated by the animal control authority. The biting of any person by an animal shall constitute adequate grounds for suspecting the animal to be infected with rabies. The delivery of the notice to the keeper's residence or usual place of abode, or the premises where the animal is usually kept, shall be considered delivery of notice to the keeper. If the animal is quarantined in a veterinary hospital, kennel, or other institution, the keeper shall pay the expenses thereof.

(2) Any animal which has been bitten by another animal proved to be rabid shall be destroyed.

(3) If an animal exhibits symptoms of rabies while it is under quarantine, the director of public health may order in writing that it be destroyed and that its head be submitted to the Oregon State Public Health Laboratory. (Ord. 379 § 14, 1997)

6.05.210 Dead animals – Removal of carcasses.

No person shall knowingly permit an animal carcass owned by him to remain on public property, or to be exposed on private property for more than 24 hours. (Ord. 379 § 15, 1997)

6.05.220 Running at large.

(1) It shall be unlawful for the keeper of any chickens or other domestic fowl or rabbits to permit or allow the same to run or be at large, or to be upon or enter the premises of any other person at any other time within the corporate limits of the city.

(2) No horse, mule, cattle, sheep, goat, or swine shall be allowed to run at large within the corporate limits of the city. (Ord. 379 § 16, 1997)

6.05.230 Tied or picketed animal – Entry on sidewalk or street prohibited.

No animal shall be picketed or tied in such a manner that it may go onto a public sidewalk or into a public street. (Ord. 379 § 17, 1997)

6.05.240 Entry onto private land.

Any peace officer, animal control officer, or city employee 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. 379 § 18, 1997)

6.05.250 Enforcement authority.

Officers of any animal control authority contracted or appointed by the city, and all city employees, are hereby empowered to enforce the provisions of this chapter, and said officers shall enforce the provisions of this chapter by citing alleged violators to appear in Veneta municipal court. (Ord. 379 § 19, 1997)

6.05.260 Violation – Penalties.

A person violating any section of this chapter or an order issued under authority of this chapter shall, upon conviction, be punished by a fine not to exceed either $500.00 or the applicable amount set forth by separate resolution setting the fees and fines for violations of this chapter. Each day during which violation of this chapter continues or occurs shall constitute a separate violation. (Ord. 379 § 20, 1997)