Chapter 6.05
ANIMAL CONTROL

Sections:

6.05.010    Short title.

6.05.020    Definitions.

6.05.030    Animal control.

6.05.040    Licensing.

6.05.050    Animals for which a special permit must be obtained.

6.05.060    Exemptions.

6.05.070    Impoundment.

6.05.080    Penalties.

6.05.010 Short title.

This chapter shall be referred to as the animal control ordinance of Coos Bay. [Ord. 42 § 1, 1985].

6.05.020 Definitions.

For purposes of this chapter, the following mean:

“Animal” means any mammal, reptile, amphibian, insect or bird.

“Animal at large” means any animal, excluding cats, off the premises of its owner and not under complete physical control of its owner or other person.

“Owner” means any person having a property right in the animal or who harbors the animal or who has it in his care, custody, or control or knowingly permits the animal to remain on or about his premises.

“Vicious animal” means any animal which has the capacity to inflict serious harm on a person and has previously attacked or bitten any person without provocation or which behaves in such a manner that the owner knows or should reasonably know that the animal has a predisposition to attack or bite persons without provocation. [Ord. 42 § 2, 1985].

6.05.030 Animal control.

It is unlawful for any owner to:

(1) Permit or allow an animal to run or be at large.

(2) Permit an animal to trespass upon property of another.

(3) Keep a vicious animal.

(4) Permit any animal to cause annoyance, alarm or noise disturbance at any time of the day or night, by repeated barking, whining, screeching, howling, braying, or other like sounds which may be heard beyond the boundary of the owner’s property.

(5) Leave an animal unattended for more than 24 consecutive hours without adequate care.

(6) Deprive an animal of proper facilities or care, including but not limited to food, potable water, shade or shelter.

(7) Physically mistreat any animal either by deliberate abuse or failure to furnish adequate care, including medical attention.

(8) Allow any stable or place where any animal is or may be kept to become unclean or odiferous.

(9) Confine an animal within or on a motor vehicle at any location under such conditions as may endanger the health or well-being of the animal.

(10) Allow an animal to deposit its solid wastes in any public area not designed to receive those wastes, including but not limited to streets, sidewalks, parking strips, and parks, unless such wastes are removed immediately. This section shall not apply to a blind person while walking his guide dog.

(11) Allow the carcass of an animal to remain on public property or exposed on private property for a period of time longer than is reasonable and necessary to remove and properly dispose of such carcass.

(12) Lead, ride, tie, or fasten any animal described in CBMC 6.05.050 in such a manner as to permit it to remain on or go along any sidewalk, driveway or pedestrian pathway. [Ord. 107, 1987; Ord. 42 § 3, 1985].

6.05.040 Licensing.

All dogs kept within the city of Coos Bay shall be licensed according to the laws of the state of Oregon and/or Coos County. [Ord. 42 § 4, 1985].

6.05.050 Animals for which a special permit must be obtained.

(1) No horse, mule, donkey, pony, cow, pig, goat, sheep, llama, poultry, rabbit, or animal raised for fur-bearing purposes shall be kept within the city limits unless a special written permit therefor is issued by the city after inspection of the premises and a finding of fact that no nuisance will be created thereby.

(2) The following animals may not be kept within the city limits unless a special written permit therefor is issued by the city after an inspection of the premises and a finding of fact that no nuisance will be created thereby:

(a) Any cat other than the Felis catus.

(b) Any nonhuman primate.

(c) Any wolf, coyote or other canine not of the species Canis familiaris.

(d) Any poisonous reptile or any reptile whose average adult length is greater than two feet.

(e) Any bat.

(f) Any bear.

(g) Any bees kept in a collection of hives or colonies.

(h) Any mammal, reptile or amphibian not native to North America.

(3) Fees for such special permits shall be set by resolution of the city council.

(4) A permit shall be for the term of one year, and no renewal shall be issued without a reinspection. The number of such animals allowed under such special permit may be specified. A violation of any of the provisions of CBMC 6.05.030 or this section shall be grounds for revocation of such permit.

(5) Every stable or other building wherein any animal listed in subsection (1) of this section is kept shall be constructed of such material and in such manner that it can be kept clean and sanitary at all times.

(6) Every such stable or other building occupied by authority of a special permit for animals listed in subsection (1) of this section, located within 200 feet of any apartment, house, motel, hotel, restaurant, boardinghouse, retail food store, building used for school, religious or medical purposes, or residence other than that occupied by the owner or occupant of the premises upon which said creatures are kept, shall be provided with a water-tight and fly-tight receptacle for manure, of such dimension as to contain all accumulations of manure, which receptacle shall be emptied sufficiently often and in such manner as to prevent its becoming a nuisance. Said receptacle shall be kept securely covered at all times except when open during the deposit or removal of manure or refuse. No manure shall be allowed to accumulate except in such receptacle. If such measures are necessary in order to avoid a nuisance, any such building shall be screened tightly against flies; serviced with running water; serviced with adequate sewers; be floored in such a manner as to be impervious to water; and such other measures be taken as may be necessary to ensure proper protection to public health and safety, as conditions precedent to the issuance of any such special permit.

(7) Every animal permitted under subsection (2) of this section shall be at all times kept or maintained in a safe manner or confined securely so that keeping the animal will not constitute a danger to human life or property. [Ord. 47 § 1, 1985; Ord. 42 § 7, 1985].

6.05.060 Exemptions.

(1) Notwithstanding any restrictions or prohibitions of this chapter, animals of any kind and any number may be kept for exhibition of amusement purposes, temporarily, by a circus, carnival, or other exhibition licensed in accordance with the applicable city ordinance. All rules as to sanitation and humane treatment contained in this chapter shall govern the keeping of the animals and maintenance of the premises or buildings where such animals are kept.

(2) Notwithstanding any restrictions or prohibitions of this chapter, animals of any kind and in any number may be kept by a school, museum or zoo for educational purposes. All rules as to sanitation and humane treatment contained in this chapter shall govern the keeping of the animals and maintenance of the premises or buildings where such animals are kept.

(3) Police service dogs, while in the exercise of their law enforcement duties, are exempt from any restrictions or prohibitions of this chapter. [Ord. 42 § 8, 1985].

6.05.070 Impoundment.

Any animal which is the subject of a violation of this chapter may be impounded by any city employee, law enforcement officer or county dog control officer. The procedures established by the county dog control board shall control the release or disposal of animals so impounded. [Ord. 42 § 11, 1985].

6.05.080 Penalties.

(1) Any person convicted of violating any of the provisions of this chapter shall be fined in an amount not to exceed $500.00.

(2) Each day on which the violation continues shall be a separate offense.

(3) The abatement of the nuisance by impoundment or otherwise shall be in addition to the penalty imposed hereunder. [Ord. 42 § 12, 1985].