Chapter 6.05 ANIMAL CONTROL

Josephine County is hereby declared a dog control district and pursuant to ORS 609.030(4) the Board of County Commissioners for Josephine County hereby elect to perform the duties and have the powers confirmed upon them of the board of supervisors of the dog control district. [Order of 1/12/67.]

6.05.010 Dog licenses required.

A. Owners or keepers of dogs with permanent canine teeth or of dogs six months old, whichever comes first (hereinafter called “adult dogs”) shall obtain a Josephine County dog license from the Josephine County Health Department for such dogs.

B. All “adult dogs” new to the state or acquired without a valid dog license shall be licensed by their owner within 30 days after moving or acquisition; failure to obtain a valid license from the Josephine County Public Health Department within such 30-day period shall subject the owner to a penalty in addition to the normal license fee.

C. Dog license expirations shall be established as one year from date of purchase provided the rabies vaccination expiration date shall coincide with the vaccination expiration date. License fees may be prorated up to six months to accommodate the rabies vaccination date or Public Health’s need to modify the expiration date. [Ord. 2020-001 § 1; Order 2015-030; Order 2004-042; Order 2003-033; Order 97-63; Ord. 96-1 § 1; Ord. 92-9 § A; Order 84-128.]

6.05.020 Dog license fees.

A. Dog license fees shall be determined by order of the Board of Commissioners.

B. No fee shall be required for a license for an assistance dog that has been individually trained to do work or perform tasks for the benefit of an individual that directly relate to the disability of the individual.

C. No fee shall be required for a license for any dog owned and used by official law enforcement agencies, official County search and rescue agents, or other dogs owned by any state or governmental unit if used for official governmental business. [Ord. 2020-001 § 1; Order 2015-030; Order 2004-042; Order 2003-033; Order 97-63; Ord. 96-1 § 2; Ord. 94-5; Ord. 92-9 § B; Order 84-128.]

6.05.030 Expiration of dog license.

Pursuant to OAR 333-19-345, no license tag shall be issued which is valid beyond the expiration date of the immunity as specified in the inoculation certificate; provided, that a period not to exceed two months’ leeway is permitted. [Ord. 2020-001 § 1; Ord. 92-9 § C.]

6.05.040 Kennel, fancier, and rescue permits.

The following shall apply to obtain kennel , fancier, and rescue permits:

A. Kennel Permits. Owners of more than six dogs over the age of six months, where a fancier permit or a rescue permit does not apply, must obtain a kennel permit.

Kennel permit fees do not include licensing for any dogs, and each dog must be licensed separately. Dogs owned but not recorded under the kennel permit must have a regular dog license.

B. Fancier Permit. Owners of dogs where the predominant purpose is for competition, performance, show or sporting may apply for a fancier permit.

Fancier permit holders must have more than six and less than 11 adult dogs. The cost of the fancier permit includes licensing for six dogs. Each additional dog must be licensed separately. Fancier permit holders may only have one litter per year.

Dogs owned but not recorded under the fancier permit must have a regular dog license. Dogs maintained as pets may not be included in the fancier permit and must have a regular dog license.

C. Rescue Permit. Owners of more than six and less than 11 adult dogs may apply for a rescue permit. All dogs must be spayed or neutered.

The cost of the rescue permit includes licensing for six dogs. Dogs owned but not recorded under the rescue permit must have a regular dog license.

D. Application, Inspection, and Requirements.

1. Upon application for a kennel, fancier, or rescue permit, Animal Control shall conduct an inspection of the dogs’ facilities to determine whether the facilities meet state and local rules and standards of care.

2. Upon passing the inspection and proof of rabies vaccinations for all dogs under the permit, the County shall issue a kennel, fancier, or rescue permit that is valid for one year.

3. Kennel, fancier and rescue facilities will be subject to annual, unannounced inspections by Animal Control. Permits are renewable annually upon passing the annual inspection and providing proof of rabies vaccines. If, during any inspection, a kennel or a facility falls out of compliance with standards of care, or is no longer eligible for a permit, the permit shall be revoked or not renewed.

4. Persons are prohibited from operating or maintaining a kennel, fancier, or rescue facility without a valid permit. Failure to obtain or maintain a permit under this section shall be a violation.

5. Applicants for a kennel that holds more than 10 dogs must first obtain a development permit from the Planning Department if required under County zoning laws. No kennel shall be located or operated in violation of any zoning ordinance or comprehensive plan, and issuance of a permit under this section shall not constitute waiver of any land use regulation or evidence of compliance therewith.

E. Fees. Fees for kennel permits, fancier permits, and rescue permits and inspection fees shall be determined by order of the Board of Commissioners. [Ord. 2020-001 § 1; Order 2016-050; Order 2015-030; Order 2013-056; Order 2012-051; Order 2007-060; Order 2005-096; Order 2004-042; Order 2003-033; Order 97-63; Ord. 96-1 § 3; Ord. 92-9 § D.]

6.05.050 Ineligible permittees.

Persons who hold a kennel, fancier, or rescue permit who allow their dogs to run at large (out of control of its owner) or to be a nuisance may disqualify the permit holder from renewal or may result in the revocation of the permit. These dogs may be dealt with as an unlicensed dog, subject to fines, penalties, and licensing requirements applicable to such dogs. Persons convicted of animal neglect or abuse are not eligible for kennel, fancier, or rescue permits. [Ord. 2020-001 § 1; Ord. 92-9 § E.]

6.05.060 Annual license – Renewal.

Repealed by Ord. 2020-001. [Ord. 92-9 § F.]

6.05.070 Rabies inoculations.

Rabies inoculations are required by the State of Oregon for all kennel dogs. Rabies inoculations are required for all dogs licensed under a fancier or rescue permit. [Ord. 2020-001 § 1; Ord. 92-9 § G.]

6.05.080 Dog tags.

Repealed by Ord. 2020-001. [Order 2015-030; Order 97-63; Ord. 92-9 § H.]

6.05.090 Transferability.

Licenses are not transferable from one dog to another dog. [Ord. 92-9 § I.]

6.05.100 USDA regulated facilities.

The requirements of this chapter are in addition to, and do not replace, any requirements under the Animal Welfare Act and USDA licensing requirements. [Ord. 2020-001 § 1; Ord. 92-9 § J.]

6.05.110 Inspection of facilities.

Initial and periodic inspections will be made of kennel, fancier, and rescue permit holder’s facilities by a Josephine County Animal Control Officer. [Ord. 2020-001 § 1; Ord. 92-9 § K.]

6.05.120 Permit issuance – Fees.

Kennel, fancier, and rescue permits will be issued by County Animal Control. All fees and penalties collected will be deposited in the dog fund. [Ord. 2020-001 § 1; Ord. 92-9 § L.]

6.05.130 Permit procurement – Time.

Kennel, fancier, or rescue permits must be obtained from the Josephine County Public Health Department within 30 days after establishing residence in the County or acquisition of dogs. Failure to obtain within that period shall subject the owner to a penalty in addition to the normal permit fee. [Ord. 2020-001 § 1; Order 2015-030; Order 2004-042; Order 2003-033; Ord. 96-1 § 4; Ord. 92-9 § M.]

6.05.140 Kennels – Number of dogs.

Animal Control will determine how many adult dogs can be held in the kennel facilities. No owner shall keep more than 50 dogs. [Ord. 2020-001 § 1; Ord. 92-9 § N.]

6.05.150 Future requirements.

Kennel, fancier, and rescue permit holders will adhere to all future requirements. [Ord. 2020-001 § 1; Ord. 92-9 § O.]

6.05.160 Standards.

Every kennel, fancier, and rescue permit holder shall conform to the following standards:

A. The kennel structure shall be sound and maintained in good repair to protect animals from injury; to safely confine the animals kept therein and prevent entry of other animals.

B. The kennel shall have an adequate and potable water supply for all animals.

C. Storage of food supplies and bedding materials shall be designed to prevent infestation by vermin.

D. Refrigeration shall be furnished for perishable foods.

E. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors and disease hazard. The disposal facilities and any disposal of animal and food waste, bedding, dead animals, trash and debris shall comply with applicable federal, state, and local laws and regulations relating to pollution control or the protection of the environment.

F. Clean-up facilities shall be available to animal caretakers and handlers.

G. Proper and healthy temperatures shall be maintained at all times for the animals in the kennel.

H. Adequate ventilation shall be maintained to provide a fresh air supply and to minimize drafts, odors, and moisture condensation.

I. Interior areas shall have adequate natural or artificial lighting.

J. Interior building surfaces shall be so constructed and maintained as to prevent moisture penetration.

K. Drainage facilities shall be available to assure rapid elimination of excess water from indoor housing facilities; the design shall assure obstruction-free flow and traps to prevent sewage backflow.

L. Outdoor facilities shall provide protected shading and adequate shelter area for animals.

M. In addition to the general standards of this section, the following standards of care shall apply to the keeping of dogs in a permitted kennel:

1. Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal to make normal postural and social adjustments with adequate freedom of movement.

2. Dogs shall be fed at least once daily with a diet of nutritionally adequate and uncontaminated food.

3. Clean water shall be continuously available unless otherwise recommended by a veterinarian.

4. Cages, rooms, hard surface pens, runs, and food and water receptacles shall be sanitized to prevent disease. Dogs shall be removed from the enclosure during the cleaning process and adequate care shall be taken to protect the animals in other enclosures.

5. All sick or diseased animals shall be isolated. [Ord. 2020-001 § 1; Ord. 92-9 § P.]

6.05.170 Denial or revocation of permit.

A kennel, fancier, or rescue permit required by this chapter may be denied or revoked by the Animal Control Officer for any of the following reasons:

A. Failure to comply substantially with any provision of this chapter;

B. Conviction of the owner or any persons subject to his direction or control for the violation of any provision of this chapter or other applicable state or federal law, rule, order, or regulation pertaining to any activity relating to humane treatment of animals;

C. Furnishing false information on the application for a permit under this chapter. [Ord. 2020-001 § 1; Ord. 92-9 § Q.]

6.05.180 Appeal.

Denial or revocation of a license or permit may be appealed by filing notice with the Board of Commissioners within 20 days after the date of such denial or revocation. The Board of Commissioners shall hold a hearing on the appeal and may affirm, reverse or modify the decision of Animal Control Services. [Ord. 2020-001 § 1; Ord. 92-9 § R.]

6.05.190 Duties after revocation.

The operator of any kennel whose permit is revoked shall dispose of all animals in the kennel within 10 days after the revocation becomes final, either by affirmance on appeal or by not taking an appeal. Disposal shall be by sale, transfer to a licensed kennel or humane destruction. [Ord. 2020-001 § 1; Ord. 92-9 § S.]

6.05.200 Impound, redemption, and adoption fees.

Impound fees, redemption fees, and adoption fees shall be determined by the Board of Commissioners. [Ord. 2020-001 § 1; Order 2016-050; Order 2015-030; Order 2012-051; Order 2007-060; Order 2005-096; Order 2004-042; Order 2003-003; Ord. 96-1 § 5; Ord. 92-9 § T; Order 84-128.]

6.05.210 Dog redemption fee.

Repealed by Ord. 2020-001. [Order 2004-042; Ord. 92-9 § U; Order 84-128.]

6.05.220 Adoption of dogs and cats.

A. The Animal Control Officer may demand payment of all fees and penalties due on impounded dogs prior to release for adoption.

B. Spaying and neutering of animals adopted is strongly encouraged. [Ord. 2020-001 § 1; Order 2016-050; Order 2015-030; Order 2012-051; Order 2007-060; Order 2005-096; Order 2004-042; Order 2003-033; Ord. 96-1 § 6; Ord. 92-9 § V; Order 84-128.]

6.05.230 Rules and regulations.

Effective immediately with the signing of the ordinance codified in this chapter:

A. The Animal Control Officer or his deputies shall impound dogs under the following circumstances:

1. As required by ORS Chapters 433 and 609;

2. Adult dogs not wearing a current dog license;

3. Dogs considered traffic hazards or on public property.

B. All impounded dogs will be held for the duration required by ORS Chapter 609, after which the Animal Control Officer may dispose of the animal or release it to a new owner.

C. Upon the owner’s signing of a general release, the impounded dogs may go to a new home or be disposed of immediately.

D. Any and all fees established hereunder may be reduced or waived by the Animal Control Officer, in his sole discretion, when imposition of same would present a bona fide hardship upon any person.

E. The use of a tranquilizing agent is authorized when it is necessary to protect the health and safety of the citizens of the county.

F. Any impounded dog or cat which by reason of injury, disease or other cause is suffering great pain or is dangerous to keep impounded may be destroyed forthwith. The Animal Control Officer may request a veterinarian to certify to this fact before such immediate destruction is undertaken. [Ord. 92-9 § W; Order 84-128.]

6.05.240 Entry on property.

The Animal Control Officer or his deputies are authorized to enter upon private property when reasonably necessary to enforce any provision of this chapter. This section, however, does not authorize the entry into a private home, over the objection of the owner, without a warrant. [Ord. 92-9 § X.]

6.05.250 Fees.

Fees in such amounts as are necessary to carry out the provisions of ORS Chapter 609 shall be determined from time to time and adjusted by order of the Board of Commissioners. [Ord. 96-1 § 7; Ord. 92-9 § Z.]

6.05.260 Transferring responsibility and authority for certain hearings concerning dogs to the County Hearings Officer.

All hearings and decisions otherwise within the authority and responsibility of this Board of County Commissioners under ORS 609.155(3)(a), 609.170, and 609.180 (and implementing County ordinances) are hereby and henceforth made the authority and responsibility of the County Hearings Officer, to be designated by this Board for such purpose.

Appeals of the Hearings Officer’s decision in such cases may be taken to this Board, within five days of the decision. A hearing before the Board is entirely discretionary and the appeal need not be granted. If the appeal is granted, this Board may decide to hear the case fully de novo, de novo on the record, or may simply review the record for errors of law affecting a substantial right of the appellant. [Order 89-24.]