Pilot Rock, Oregon

AN ORDINANCE PROVIDING FOR THE REGULATION OF DOGS, PROHIBITING ACTIVITIES, ESTABLISHING PROCEDURES, PROVIDING PENALTIES AND REPEALING ORDINANCE 402.

The City of Pilot Rock ordains as follows:

Section 1: Police Power.

This Ordinance is adopted as an exercise of the Police power of the City of Pilot Rock and shall be known and may be cited as “The Dog Control Ordinance.”

Section 2: Definitions.

As used in this Ordinance:

1. Board means the daily charge made for maintenance of the dog during its impoundment.
2. Council means the City Council of the City of Pilot Rock.
3. Animal Control Officer means the person appointed by the Police Chief to enforce this ordinance.
4. Guide Dog means any dog specifically trained for and in actual use as an aid to a blind or hearing impaired person.
5. Dog means any animal of the canine species. A male or female dog including a dog which has been neutered or spayed.
6. Impoundment Fee means the charge made for placing a dog in the animal shelter.
7. Leash means a cord, chain, strap or other such physical restraint, of sufficient strength to control the dog.
8. License means the license required by the ordinance.
9. Neutered Dog means a male dog incapable of producing young.
10. On a Leash means having a leash, securely attached to the dog and held by the person in charge of the dog.
11. Owner or Keeper means the head of the household where the dog is kept or any person or persons, firm, association or corporation owning, keeping or harboring a dog.
12. Pound means the animal shelter provided by the City of Pilot Rock.
13. Running at Large means while the dog is off of or outside of the premises belonging to the owner of such dog, and not in the company of and under the control of the owner, also includes a dog unconfined in accordance with the requirements set for the in subsection “P” below.
14. Spayed Bitch means a female dog incapable of producing young.
15. Muzzle means a device constructed of strong, soft material or metal muzzle such as that used commercially with greyhounds. The muzzle must be made in a manner which will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.
16. Dangerous Dog means:
    1. Any dog with a propensity, tendency or disposition to attack, to cause injury to, or to otherwise endanger safety of humans or other domestic animals, or
    2. Any dog which attacks a human being or other domestic animal one or more times without provocation, or
    3. Any dog which has the propensity to attack or bite any person or other domestic animal without provocation and the capacity to inflict serious harm on that person or animal.

Section 3: LICENSE REQUIRED.

All dogs in the City of Pilot Rock shall be licensed unless specifically exempt under this Ordinance. It shall be the duty of each owner or keeper of a dog to obtain a license(s) for their dog(s). The initial licensing of a dog shall be accomplished within 30 days of the date of acquiring a dog by a City resident or moving a dog into the City. License shall be renewed annually on or before the first day of each year. No license shall be required of a dog less than 6 months old.

Section 4: EXEMPTIONS FROM LICENSES.

1. Dogs owned by dealers, breeders, or exhibitors which are kept in kennels exclusively for sale or exhibition are not required to be licensed.
2. Guide dogs when owned and kept as an aid to a blind person are exempt from the provisions of this Ordinance.
3. Any dog under the supervision of its owner or manager which is actively engaged I the herding or control of livestock is exempt from the provisions of this Ordinance while engaged in such activity.
4. Dogs less than 6 months old.

Section 5: RABIES INOCULATION REQUIRED.

An applicant for a dog license must present a current certificate of rabies inoculation to the Recorder before the Recorder may issue a license for the dog.

Section 6: FEES

1. All rates, fees or other charges shall be subject to the approval of the city Council and established by Resolution of the City Council.
2. The Chief of Police may provide for lesser fees or fines to promote the adoption of abandoned dogs; to promote the earlier registration and licensing of dogs; and to allow for special promotions by non-profit civic groups.

Section 6.5: DOGS RUNNING AT LARGE

1. Any dog running at large within the corporate limits of the city is hereby declared to be a public nuisance.
2. It is unlawful for any owner or keeper of a dog to permit it to run at large. Proof that a dog, no on a leash or in the vehicle of its owner, is off the premises of its owner or keeper is prima facie evidence of a violation of this section.
3. Dogs running at large may be picked up by the Animal control officer or police officer and impounded in the animal shelter provided by the City.
4. The animal control officer or any police officer may lawfully kill any vicious or mad dog running at large.

It shall be unlawful for any owner or keeper of a dog to permit any such dog to be a Dog at Large as described and shall be considered in violation of this ordinance.

Section 7: DOGS AS A PUBLIC NUISANCE

Any dog within the corporate limits of the City and engaged in the following behavior is hereby declared a public nuisance.

1. Bites a person or other domestic animal.
2. Chases vehicles or person.
3. Damages or destroys property of persons other than the owners or keepers of the dog.
4. Scatters garbage.
5. Trespasses on private property of persons other than the owner or keeper of the dog.
6. Disturbs any person by frequent or prolonged noises.
7. Is a female in heat and running at large.
8. Any unlicensed dog.

It shall be unlawful for any owner or keeper of a dog to permit any such dog to be a public nuisance as described and shall be considered in violation of this Ordinance.

Section 8. DANGEROUS DOGS TO BE PENNED AND MUZZLED.

1. No person owning or harboring or having the care of a dangerous dog shall suffer or permit such animal to go unconfined on the premises of such person.
2. No person owning or harboring or having the care of a dangerous dog shall suffer or permit such dog to go beyond the premises of such person unless such dog is securely leashed and muzzled.
3. Sale of Dangerous Dogs Prohibited. It shall be unlawful for any person to sell to any other person a dangerous dog within the city limits of Pilot Rock.

Section 9: IMPOUNDING OF CERTAIN DOGS AND DISPOSING OF DOGS

1. Notice to Owner: The animal control officer shall make a diligent inquiry as to the ownership of any dog impounded and notify such owner or keeper that the dog is impounded, the location of the animal shelter and the amount of the impoundment fee. The owner shall have five days to redeem the dog, at such the dog will be available for adoption for the next five days. At the end of five days, the dog will be disposed of according to the Police Department Procedure Manual. The animal control officer shall maintain a permanent record of the impoundment, the name of the owner or keeper, the date of notice and the final disposition in each case. A reasonable effort shall be made to notify the owner of a dog before the dog is removed from impoundment. If the dog is unlicensed, the owner shall also purchase a license and pay the applicable penalty for failure to have a license.
2. Impounded Dogs may be released to third party: Dogs which are abandoned by their owners or whose owners are unknown may be released to any person who is willing to pay the impoundment fee, the board bill of the animal shelter and procure the necessary dog license. If the owner is known, but for whatever reason, doesn’t want the dog any longer, the adopting party will not be responsible for the impoundment fee. The owner will be charged the impoundment fee and board fee.
3. Unclaimed Dogs: Any impounded dog that is not redeemed by its owner or released under the provision of Section 9 (B) above within 10 (ten) days of the date of impoundment shall be disposed of according to Police Department Procedure.
4. For the purpose of this Ordinance a dog is presumed to be abandoned by its owner if they have taken no affirmative action to redeem the dog for a period of five (5) days from the date of notice of impoundment. The City will not allow the owner, if known, to leave the dog in the shelter. If the owner refuses to redeem his animal, the owner will be cited for Criminal Abandonment and the dog will be placed for adoption.

Section 10: VIOLATION—PARENTS ASSUME RESPONSIBILITY FOR OWNERS OF MINOR AGE.

It shall be no defense of any violation of this ordinanc4e when the true or registered owner of a dog is of such minor age as to prohibit his appearance to answer such charge(s), as designated in Section 11, in the municipal Court of the city, and upon such occurrence, the parent or guardian of such minor owner shall be required to appear in his stead and assume the full responsibility of the actions of the minor owner.

SECTION 11: PENALTIES.

1. Any violation of this Ordinance is punishable by a fine of not less than $25.00 and no more than $500.00.
2. Every full day during which an activity continues to be conducted in violation of this Ordinance shall be considered a separate offense.
3. Offenses under this Ordinance shall be tried in the Municipal Court as a violation and not as a crime. As a violation, there is no right to jury trial or court appointed council.
4. Additional Remedies.
   1. In addition to the penalties provide din this Ordinance, the City may sue in a court of competent jurisdiction to obtain a judgment for a fee due under this Ordinance and to enforce collection of the judgment.
   2. The City may seek and injunction to prohibit a person from violating this Ordinance.
   3. In an action authorized by this Ordinance, if the City prevails, it shall recover reasonable attorney’s fees to be set by the court in addition to its costs and disbursements. These fees are recoverable at all levels of trial and appeal.

SECTION 12. SEVERABILITY.

The sections of this Ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections.

PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR THIS 4TH DAY OF APRIL, 1995.

1st Reading: 3/7/95
2nd Reading: 3/21/95
3rd Reading: 4/4/95

Effective Date: 5/4/95