Chapter 6.04
DOGS
Sections:
6.04.050 Offensive littering by a dog.
6.04.060 Seizing certain dogs.
6.04.070 Authority to impound.
6.04.080 Impoundment—Redemption procedure.
6.04.090 Injured or sick dogs—Action by dog control officer.
6.04.100 When a dog is a public nuisance—Public nuisance prohibited.
6.04.110 Maintaining a dangerous dog.
6.04.120 Interference with officer prohibited.
6.04.010 Definitions.
For the purposes of this chapter, the following words are defined:
(1) “Keeper” means a person who owns, possesses, controls or otherwise has charge of a dog, other than a licensed business primarily intended to obtain a profit from the kenneling of dogs, a humane society or other nonprofit animal shelter, a facility impounding dogs on behalf of a city, county, or veterinary facility.
(2) “Physical injury” means impairment of physical condition or substantial pain.
(3) “Potentially dangerous dog” means a dog that, without provocation:
(a) inflicts physical injury on a person that is less severe than a serious physical injury; or
(b) while not on premises from which the Keeper may lawfully exclude others, inflicts physical injury on, or kills, a domestic animal as defined in ORS 167.310.
(4) “Running at large” means that a dog is off-leash and is outside of the premises from which the Keeper may lawfully exclude others, or is not in the company of and under the immediate control of its keeper, except if the dog is within any part of a vehicle.
(5) “Serious physical injury” means 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.
Statutory Reference: ORS 609.010 to 609.190
History: Ord. 804 §2, 1972; Ord. 1389, 2007.
6.04.020 Enforcement.
It shall be the duty of the Chief of Police or any other police officer, or dog control officer of the city to enforce the provisions of this chapter.
Statutory Reference: ORS 609.010 to 609.190
History: Ord. 804 §3, 1972; Ord. 1389, 2007.
6.04.040 Duty of Keepers.
For the purpose of this chapter and excepting GMC 6.04.110(2) pertaining to dangerous dogs, a Keeper is responsible for the behavior of the dog regardless of whether the keeper allowed the dog to engage in the behavior that is the subject of the violation.
Statutory Reference: ORS 609.010 to 609.190
History: Ord. 804 §5(a), 1972; Ord. 867 §1, 1976; Ord. 1389, 2007.
6.04.050 Offensive littering by a dog.
(1) A person commits offensive littering by a dog if, while in control of a dog that defecates on the property of another without permission of the property owner or upon any public way as defined in ORS 164.805(2), and he or she fails to promptly remove and properly dispose of the animal waste.
(2) Offensive littering by a dog is a city code violation.
Statutory Reference: ORS 609.010 to 609.190
History: Ord. 804 §5(b), 1972; Ord. 867 §1, 1976; Ord. 1389, 2007.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
6.04.060 Seizing certain dogs.
A dog found biting a person or which has bitten any person may be summarily seized by any person and promptly delivered to any member of the police department or dog control officer for impounding.
Statutory Reference: ORS 609.010 to 609.190
History: Ord. 804 §6, 1972; Ord. 846 §1, 1975; Ord. 867 §2, 1976. Ord. 1385, 2006; Ord. 1389 2007
6.04.070 Authority to impound.
(1) Any member of the police department or dog control officer of the city is authorized to impound any dog to be a public nuisance as defined in GMC Section 6.04.100 or found to be unlicensed. A dog is impounded when it is taken into possession by the city.
(2) Any member of the police department or dog control officer of the city is authorized to remove a dog from a motor vehicle and impound the dog when the officer reasonably believes it is confined in a manner that endangers its health or well-being, including but not limited to dangerous temperature, lack of food, water or attention. A written notice of impound will be left on or in the vehicle along with information on how the dog may be redeemed.
Statutory Reference: ORS 609.010 to 609.190
History: Ord. 804 §7, 1972; Ord. 1389, 2007.
6.04.080 Impoundment—Redemption procedure.
(1) Whenever a dog is impounded under the authority of this Chapter, a reasonable effort shall be made to notify the Keeper of the dog within twenty-four (24) hours of impoundment and thereafter. The keeper of such dog shall have seven (7) consecutive days, not including the day of impoundment, Sundays and federal holidays from the date of impoundment to claim the dog and pay the redemption fees provided in Subsection (3) of this Section. Upon the Keeper’s failure to claim the dog within such time and pay the fees and charges provided in Subsection (3) of this Section, such dog shall be disposed of as provided in Subsection (4) of this Section.
(2) Any dog impounded for having bitten a person shall not be released until after expiration of a ten (10) business day period to allow an appropriate health check.
(3) Any dog impounded under authority of this Chapter may be released to the Keeper thereof upon payment of applicable fees and charges of the city and impoundment facility incurred relating to the impoundment and care of the dog.
(4) If an impounded dog is not claimed by its Keeper within the time limits fixed in Subsections (1) or (2) of this Section, it will be deemed abandoned and, thereby, surrendered to the City. The City shall arrange for the disposition of the dog without compensation paid to the Keeper.
(5) A Keeper that fails to reclaim a dog will be civilly liable to the City for all penalties, fines, fees including disposition and euthanasia fees, costs and expenses authorized by this Chapter and which may be collected in the same manner allowed by law as any other debt.
Statutory Reference: ORS 609.010 to 609.190
History: Ord. 804 §8, 1972. Ord. 1389, 2007.
6.04.090 Injured or sick dogs—Action by dog control officer.
(1) The police officer or dog control officer of the city who impounds any dog which is in need of medical attention has discretion to authorize the necessary medical attention.
(2) A police officer or dog control officer of the city shall make diligent effort to locate the Keeper before transporting the dog for medical attention.
(3) Should a police officer or dog control officer of the city authorize medical attention, the Keeper shall be liable for the costs of the medical treatment rendered to the dog.
Statutory Reference: ORS 609.010 to 609.190
History: Ord. 804 §9, 1972; Ord. 1389, 2007.
6.04.100 When a dog is a public nuisance—Public nuisance prohibited.
(1) A dog is a public nuisance if it:
(a) is a potentially dangerous dog, but is not a dangerous dog as defined in GMC 6.04.110;
(b) chases vehicles or persons on premises other than premises from which the Keeper may lawfully exclude others:
(c) damages or destroys property of persons other than the Keeper;
(d) scatters garbage on premises other than premises from which the Keeper may lawfully exclude others;
(e) disturbs any person by frequent or prolonged noises;
(f) is running at large; or
(g) trespasses on private property of persons other than the Keeper.
(2) The Keeper maintains a public nuisance if the dog commits an act described under subsection (1) of this Section. Maintaining a dog that is a public nuisance is a city code violation.
Statutory Reference: ORS 609.010 to 609.190
History: Ord. 804 §11, 1972; Ord. 1389 2007.
6.04.110 Maintaining a dangerous dog.
(1) As used in this section, “dangerous dog” means a dog that:
(a) without provocation and in an aggressive manner inflicts serious physical injury, as defined in this Chapter, on a person or kills a person;
(b) acts as a potentially dangerous dog, as defined in this Chapter, after having previously committed an act as a potentially dangerous dog that resulted in the Keeper being found to have violated GMC 6.04.100; or
(c) is used as a weapon in the commission of a crime.
(2) A person commits the crime of maintaining a dangerous dog if the person is the Keeper of a dog and the person, with criminal negligence, fails to prevent the dog from engaging in an act described in subsection (1) of this section.
(3) Maintaining a dangerous dog is a city code violation.
Statutory Reference: ORS 609.010 to 609.190
History: Ord. 804 §12, 1972; Ord. 1389, 2007.
6.04.120 Interference with officer prohibited.
It is unlawful for any person to interfere in any way with any police officer or dog control officer of the city engaged in seizing or impounding any dog under authority of this chapter.
Statutory Reference: ORS 609.010 to 609.190
History: Ord. 804 §12, 1972; Ord. 1389, 2007.
6.04.130 Violations.
(1) Offenses committed in violation of provisions of this Chapter constitute a Class “A” Infraction under GMC 1.08. Each and every day in which any provision of this Chapter is violated shall constitute a separate offense.
(2) Upon conviction, the court in its discretion may impose restitution for any physical injury, death, or property damages, impoundment cost of keeping the dog, and reasonable restrictions on the keeping of the dog to ensure the safety or health of the public. The Keeper must pay the cost of complying with reasonable restrictions. As used in this subsection, “reasonable restrictions” may include, but is not limited to, sterilization.
(3) If the dog is a potentially dangerous dog, the court may order the dog euthanized in a humane manner. In determining whether to have the dog euthanized, the court shall give consideration to the factors described in Subsection (4) and issue written findings on those factors.
(4) In determining whether a dog should be euthanized as provided under this Chapter, the court shall consider the following factors:
(a) if the dog has bitten a person, the circumstances and severity of the bite;
(b) whether the Keeper has a history of maintaining dogs that are a public nuisance;
(c) the impact of Keeper actions on the behavior of the dog;
(d) the ability and inclination of the Keeper to prevent the dog from biting another person;
(e) whether the dog can be relocated to a secure facility;
(f) the effect that a transfer of the keeping of the dog to another person would have on ensuring the health and safety of the public;
(g) behavior by the dog before or since the biting; and
(h) any other factors that the court may deem relevant.
(5) Notwithstanding ORS 19.270, 19.330 and 34.070, and subject to periodic advance payment of the cost of keeping the dog in impoundment, the euthanization of a dog pursuant to an order under this Chapter may not be carried out during the period that the order is subject to the appeal process. Unless otherwise ordered by the Court of Appeals, the dog may be euthanized during the appeal period if the Keeper fails to maintain advance payment of the cost of keeping the dog impounded.
(6) If the court orders a dog euthanized under this Chapter and the Keeper does not make the dog available for that purpose, the court may issue a search warrant for a property upon probable cause to believe that the dog is located at the property.
Statutory Reference: ORS 609.010 to 609.190
History: Ord. 804 §13, 1972; Ord. 1389, 2007.
6.04.140 Severability.
If any clause, section or provision of this ordinance is declared unconstitutional or invalid for any reason or cause, the remaining portion of this ordinance shall remain in full force and effect and be valid as if the invalid portion had not been incorporated herein.
Statutory Reference: ORS 609.010 to 609.190
History: Ord. 1019 §§1 & 2, 1983; Ord. 1056 §1, 1986; Ord. 1344, 2004; Ord. 1389, 2007.