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1990-16982-Ordinance No. 90-019 Recorded 6/7/1990RE"diY WED ,AL CO U'45EL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUWY (o OREGON < 0101 4298 r� An Ordinance Amending Deschutes * = : County Code Title 6, Animals, * c*,, -t :a:: Declaring an Emergency and Setting *'` s an Effective Date. 9o.1692 ORDINANCE NO. 90-019; THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNT S JU L ]_o11't OREGON, ORDAINS as follows: Section 1. ADOPTION OF AMENDMENTS AND ADDITIONS TO THE ANIMALS TITLE. The provisions of Title 6, "Animals," attached hereto and incorporated herein as Exhibit "A," are hereby enacted and made a part of the Deschutes County Code. Section 2. REPEAL. This Ordinance shall supersede and repeal any other ordinance, or part thereof, that is in conflict herewith. Section 3. SAVINGS CLAUSE. Should any article, section, subsection, paragraph, sentence, clause or phrase of this Ordi- nance be declared invalid, such declaration shall not affect the validity of any other article, section, subsection, paragraph, sentence, clause or phrase; and if this Ordinance or portion thereof should be held to be invalid on one ground but valid on another, it shall be construed that the valid ground is the one upon which said ordinance or such portion thereof was enacted. Section 4. AFFECT ON EXISTING LICENSES. Any license issued under the authority of Ordinance 203-1, as amended, shall not be affected by the enactment of this ordinance. Section 5. EMERGENCY CLAUSE AND EFFECTIVE DATE. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on September 1, 1990. DATED this day of , 1990. BOARD OF COUNTY COMMISSIONERS OF rDESCHU ES COUNT , OREGON " �LU�15 �SKl TUW YKANTE, (:Omm1SS A EST: TOM OOP UChair cording cretary CK DLIN, Commissioner 1 - ORDINANCE NO. 90-019 0101 0299 EXHIBIT "A" CHAPTER 6.04 - DOG LICENSES Section 6.04.010. DEFINITIONS. A. Dog. "Dog" means any mammal of the canine family. B. Dog Kept Primarily in a Kennel. "Dog kept primarily in a kennel" means a dog, such as a show dog or dog kept for breeding, that is housed primarily in a kennel and not in the residence of its owner or keeper and that is not allowed to run at large. C. Kennel. "Kennel" means a premises for the housing of dogs consistent with the requirements of minimum care under Section 6.20.010 E, including a building having inside and outside runs, with feed and water dishes. Section 6.04.010. DOG LICENSES REQUIRED. A. Except for persons with dogs qualifying under Section 6.04.050 of this chapter, every person owning or keeping any dog that has a set of permanent canine teeth or that is six months old, whichever comes first, shall within thirty (30) days after he becomes the owner or keeper of the dog, and yearly thereafter, procure from the county a license for the dog as provided in this chapter. B. Every dog required to be licensed in this county shall display its license tag in all instances when it is deemed to be at large under this title. Section 6.04.020. EXPIRATION. A. Dog licenses shall be valid for a period of one year from the date of purchase or to the rabies expiration date, whichever comes first. B. A dog license is not transferable to another dog. The dog license is assigned to the dog and shall remain with the dog upon transfer to another owner for the life of the license. Upon transfer, the dog's new owner shall notify the county of the transfer within 30 days of the transfer. C. A dog displaying a current license from jurisdictions outside Deschutes County, but within the State of Oregon, shall not require licensing under this chapter until expira- tion of the current license, provided that the dog remains in the possession of the owner to whom the license was duly issued. 1 - EXHIBIT "A" 0101 0300 Section 6.04.030. FEES. A. The fee for a dog license in the county shall be $12.00, except that the fee for a spayed female or neutered male dog shall be $6.00. B. The license fee for dogs that qualify for the kennel fee shall be $5.00 per dog for up to ten (10) dogs and $1.00 per dog for each additional dog over ten (10) dogs. Section 6.04.040. EXEMPTIONS FROM LICENSE FEES. No dog license fee shall be required to be paid for any dog owned by a blind or deaf person who uses the dog as a guide. A license shall be issued for such a dog upon filing with the county a signed statement by the blind or deaf person stating facts showing that the person is entitled to this exemption. Such licenses shall be renewed every year. Section 6.04.050. DOGS KEPT PRIMARILY IN KENNELS. A. Owners of dogs kept primarily in a kennel and not allowed to run at large are entitled, upon making the showing required in this section, to be licensed at the kennel fee rate. A person requesting licensing at the kennel rate shall estab- lish by affidavit or signed statement (1) that the person houses his or her dogs primarily in a kennel, as defined herein; (2) that the person has 5 dogs or more; (3) that the person has not been convicted of animal abuse under county or state law for failure to maintain minimum care standards in his or her kennel; and (4) that the person has not been convicted under state or county law for allowing his or her dogs to be at large during any period for which he or she has had a kennel license. B. Any owner or keeper convicted of animal abuse under state or county law by virtue of the conditions under which dogs are kept in the owner or keeper's kennel shall not be entitled to be licensed at the kennel rate. C. Any owner or keeper convicted of a dog at large violation while having dogs licensed at the kennel rate shall there- after not be entitled to license his or her dogs at the kennel rate. The kennel license of the owner or keeper so convicted shall remain valid for the remainder of its term. Section 6.04.060. VIOLATION - INFRACTION. Violation of any provision of this chapter is a Class B infraction. 2 - EXHIBIT "A" CHAPTER 6.08 - ANIMAL CONTROL Section 6.08.010. DEFINITIONS. 0101 0301 A. At Large. 1. "At large" means a dog or other animal found off the premises of the owner or keeper while the dog or animal is not under the complete control of a capable person. 2. A dog shall not be considered to be at large under the following circumstances: (a) a dog in a duly recognized obedience school on field training exercises and under the direct supervision of a handler; (b) a dog within a vehicle; (c) a dog being used to hunt, chase, or tree wildlife while under the supervision of its owner or keeper; (d) use of a dog to control or protect live- stock; and (e) use of a dog in other related agricul- tural activities. 3. Livestock on the open range shall not be considered to be at large. B. Dangerous Dog means any dog: 1. Whose owner has been convicted or has admitted respon- sibility, or has in effect admitted responsibility on a charge that the dog without provocation impermissibly placed a person in reasonable fear of imminent physical injury; 2. Whose owner has been convicted or has admitted respon- sibility, or has in effect admitted responsibility on a charge that the dog attacked a person or domestic animal without provocation; or 3. that is trained for or used in animal fighting. C. Keeper. "Keeper" means, in addition to its ordinary mean- ing, the parents or guardian of an animal owner when the owner is under the age of 18 years and when the owner resides with the parent or guardian on the date of the alleged violation of a provision of this chapter. D. Livestock. "Livestock" means any animal that is defined to be livestock by the petition or order establishing the livestock district in which the subject livestock was found. E. Livestock District. "Livestock District" means any geo- graphic area wherein as established pursuant to state law it is unlawful for livestock to be at large. This definition shall apply only to those livestock districts or portions of 3 - EXHIBIT "A" 0101 0302 livestock districts lying within the jurisdiction of Deschutes County. F. Open Range. "Open Range" means any area outside the boun- daries of a city that is not within the boundaries of a livestock district, as defined in this chapter. G. Unconfined. "Unconfined" means not securely confined indoors or confined in a securely locked pen or structure upon the premises of the owner or keeper of a dangerous dog. Such pen or structure must be constructed in a manner adequate to ensure the confinement of the dangerous dog. Section 6.08.020. CONDITIONS WHEN ANIMALS ARE NUISANCES. A. An animal other than livestock is -a public nuisance if it: 1. Bites a person; 2. Chases vehicles or persons; 3. Damages or destroys property of persons other than the owner of the animal; 4. Scatters garbage; 5. Trespasses on private property of persons other than the owner of the animal; 6. Disturbs any person by frequent or prolonged noises; 7. Is a female dog in heat and running at large; 8. Participates with two or more other mature dogs in running at large on property other than the owner or keeper of the dog; 9. Places a person in reasonable fear of imminent physical injury, when such incident takes place off the premises of the animal's owner or keeper; or 10. Injures or kills an animal or fowl belonging to a person other than the owner or keeper of the animal. B. An animal shall not be considered to be a nuisance under this section if the subject animal bites a person or another animal wrongfully assaulting the subject animal or if the subject animal bites a person or other animal trespassing upon premises occupied by the dog's owner or keeper after being provoked by that person. 4 - EXHIBIT "A" 0101 0303 C. The owner or keeper of an animal that is a public nuisance under this section shall be liable under Section 6.08.050 of this chapter. D. For the purposes of this section, a dog shall be considered to be mature when it has a set of permanent canine teeth or is six months old, whichever comes first. Section 6.08.030. ANIMALS AT LARGE. A. Any dog or livestock found at large is a public nuisance. B. The owner or keeper of an animal that is a public nuisance under this section shall be liable under Section 6.08.060 of this chapter. C. An owner or keeper of a dog or livestock shall be liable for a violation of this section only if such public nuisance resulted from the owner or keeper's negligent conduct. Section 6.08.040. DANGEROUS DOG. A. No owner or keeper of a dangerous dog shall suffer or permit such dog to go unconfined on the premises of the owner or keeper. B. No owner or keeper of a dangerous dog shall suffer or permit such animal to go beyond the premises of such person unless such animal is humanely muzzled and securely leashed or otherwise securely restrained. C. The provisions of this section shall be subject to Section 6.08.050 of this chapter. Section 6.08.050. IMPERMISSIBLE HARBORING. No person shall own, harbor, or keep any dog with knowledge that, while off the premises owned or controlled by its owner or keeper and while not acting under the direction of its owner or keeper or employees or agents of such persons, the dog has killed or seriously injured any person. Section 6.08.060. INFRACTIONS. A. Except as provided herein, violation of any provision of this chapter is a Class B infraction. B. Violation of 6.08.040 or 6.08.050 is a class A infraction. Section 6.08.050. WHEN IMPOUNDMENT OF DOGS AUTHORIZED. When a dog is a public nuisance under this chapter, any peace officer or animal control officer may, in addition to citing the owner for a violation under section 6.08.040, impound the dog. 5 - EXHIBIT "A" 0.01 0304 CHAPTER 6.12 - LIVESTOCK KILLS Section 6.12.010. DEFINITIONS. A. Board. "Board" means the board of County Commissioners. B. Livestock. "Livestock" means horses, mules, jackasses, cattle, llamas, sheep, goats, swine, domesticated fowl and any fur -bearing animal bred and maintained commercially or otherwise, within pens, cages and hutches. Section 6.12.010. KILLING, WOUNDING OR INJURING LIVESTOCK - NUISANCE. A. Except as provided in subsection (C) of this section, any dog, whether licensed or not, that, while off the premises of its owner or keeper kills, wounds, or injures any live- stock not belonging to the owner or keeper of such dog, is a public nuisance and may be killed immediately by any person. However, nothing in this section applies to any dog acting under the direction of its owner or keeper, or the agents or employees of such owner or keeper. B. If any dog, not under the control of its owner or keeper, is found chasing or feeding upon the warm carcass of livestock not the property of such owner or keeper it shall be deemed prima facie, as engaged in killing, wounding or injuring livestock. C. No person shall kill any dog for killing, wounding or chasing chickens upon a public place, highway or within the corporate limits of any city. Section 6.12.020. HARBORING OF LIVESTOCK KILLING DOGS PROHIBITED. A. No person shall own, harbor, or keep any dog with knowledge that it has killed or wounded any -livestock. B. No person shall be liable for harboring or keeping such dog with knowledge that it has killed or wounded chickens, unless the owner fails to pay full damages for the chickens killed or wounded within three days after receipt of a demand for such damages from the owner. C. Violation of this section shall be a class A violation. Section 6.12.030. KILLING, WOUNDING OR INJURING LIVESTOCK - EVIDENCE. A. Upon finding a dog engaged in killing, wounding, injuring or chasing livestock or upon receipt from a complainant of evidence that a dog has been so engaged, the dog control 6 - EXHIBIT "A" 0101 0305 officer or other law enforcement officer shall impound the dog. B. If there is reason to believe that reasonable testing of a dog impounded pursuant to subsection A of this section, including, but not limited to, a fecal examination or examination of the teeth of the dog, will provide substan- tial further evidence as to whether the dog has been engaged in killing, wounding, injuring or chasing livestock, the Board shall order administration of tests by a licensed veterinarian. Section 6.12.040. HEARING. A. After completion of any tests as are administered pursuant to section 6.12.030(B) of this chapter, the Board shall convene a hearing to determine whether the dog has been engaged in killing, wounding, injuring or chasing livestock. If the Board determines that the dog has been so engaged, the dog shall be killed in a humane manner, and costs of keeping and testing of the dog during the impoundment shall be paid by the owner of the dog. If the Board determines that the dog has not been so engaged, the dog shall be released to its owner. In such cases, if the dog was impounded upon receipt of evidence from a complainant, the complainant shall pay the costs of keeping and testing of the dog during the impounding. B. The owner or keeper of a dog shall be given notice of the hearing and afforded the opportunity to present evidence to the Board during such hearing. C. Notwithstanding section 6.16.010 of this title, a dog impounded pursuant to this subsection A of this section shall not be released until a determination is made by the Board pursuant to this section. Section 6.12.050. KILLING, WOUNDING OR INJURING OF LIVESTOCK - DISPUTABLE PRESUMPTION. A disputable presumption shall arise that a dog has been engaged in killing, wounding, injuring or chasing livestock within the meaning of section 6.12.030 of this chapter if: A. The dog is found chasing livestock not the property of the owner or keeper of the dog in an area where freshly damaged livestock are found; B. The dog is found feeding upon a warm carcass of a livestock animal; C. An examination of the dog's feces indicates ingestion of portions or covering of the anatomy of livestock; 7 - EXHIBIT "A" 0101 0306 D. Portions of the anatomy or covering of the anatomy of live- stock is found on the teeth of the dog, unless the dog is regularly used for the purpose of herding sheep. Section 6.12.060. OWNER OF LIVESTOCK - DAMAGE CLAIMS. The owner of any livestock killed, wounded, chased or injured by any dog may, within ten days after the killing, wounding, chasing or injuring occurred, or became known to him, present to the Board a verified statement containing a full account of the incident, stating in detail the amount of damage claimed on account thereof, and the name and address of the owner or keeper of the dog, if known. The claim shall be supported by the affidavit of at least one disinterested person to all material facts contained in it. Section 6.12.070. DAMAGE CLAIMS - HEARING. All claims presented as provided by section 6.12.060 of this chapter shall be heard at the first regular session of the Board after their presentation, or as soon thereafter as may be practicable. If the Board determines that any livestock has been damaged by being injured, chased, wounded or killed, it shall file and enter a record of the value of the livestock and order a warrant drawn for the amount of damages thus found, or any portion thereof that it considers just, to be paid by the county treasurer out of the Dog Fund. If it considers the claim unjust, it shall disallow it and enter that fact upon its record. No claim shall be allowed where it appears that the injury or damage complained of was caused by a dog owned or controlled by the claimant or his agent. Section 6.12.080. DAMAGE CLAIMS - COLLECTION. In each case where a claim against the dog fund has been paid by the Board, the County shall be subrogated to all the rights of the owner of the livestock killed, wounded, chased or injured against the owner of the dog for damages. The county legal counsel shall proceed promptly, in a lawful way, to collect it. Any money so collected shall be paid over immediately to the County treasurer and credited to the Dog Fund. CHAPTER 6.16 - IMPOUNDMENT Section 6.16.010. IMPOUNDMENT - FACILITIES. All dogs taken up and impounded under this title shall be held in an adequate and sanitary facility as required by the laws of the state. Any dog so impounded shall be held for at least five days from the date of such impounding before being destroyed or otherwise disposed of. However, in the case of any dog impounded for biting a person, the dog shall be impounded for at least ten (10) days before redemption or destruction to determine if the dog is rabid. Section 6.16.020. IMPOUNDMENT - NOTIFICATION TO OWNER - DISPOSITION OF ANIMALS. If the dog is impounded, the impounding 8 - EXHIBIT "A" 0.01 030'7 officer shall make reasonable effort to identify the owner of the dog and shall notify the owner of the dog of the fact of impound- ing and the alleged reasons therefor. If the dog is unlicensed, or no owner can be ascertained within five days from its impounding, it shall be killed in a humane manner. The provi- sions of this chapter are subject to, and superceded by, any existing and applicable law of the state providing for rabies control. Section 6.16.030. IMPOUNDMENT - FEES. The owner of any dog that is impounded under this title shall be liable to the county for impound fees in such amounts as the Board of Commissioners shall determine. Section 6.16.040. CARE OF DOGS OF INMATES AT COUNTY CORREC- TIONAL FACILITY. 1. Animals delivered for impoundment by a county peace officer who removed the animal from possession of a person in custody of the peace officer shall be held for the period prescribed in Section 6.16.010, during which time the inmate must either make arrangements for the animal to be picked up at the shelter or make arrangements for payment of board fees for the animal. Signature by an inmate of an agreement to be responsible for board fees shall be an acceptable method of assuring payment of such fees. 2. A receipt shall be given the peace officer, who shall deliver the receipt to the person in custody from whom the animal was taken. The receipt shall recite redemption requirements and shall serve as the notice required by this section. At that time, the inmate shall also be given the option of releasing the dog. 9 - EXHIBIT "A"