1995-17138-Ordinance No. 95-031 Recorded 5/18/1995REVi WED
95-17138 LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 6,
Animals, of the Deschutes
County Code and Declaring an
Emergency.
ORDINANCE NO. 95-031 01�1
00 V
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Amendment. Title 6, "Animals," as amended and as
presented here in its codified form is further amended to read as set
forth in Exhibit "A," attached hereto and by this reference
incorporated herein, with new language in bold type and deletions noted
in brackets.
Section 2. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause or phrase of this
ordinance is adjudged to be invalid by a court of competent
jurisdiction, that decision shall not affect the validity of the
remaining portions of this ordinance.
Section 3. Codification. County Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with the Deschutes
County Form and Style Manual for Board Documents. Such codification
shall include the authority to make such changes, to make changes in
numbering systems and to make such numbering changes consistent with
interrelated code sections. In addition, as part of codification of
these ordinances, County Legal Counsel may insert appropriate
legislative history reference. Any legislative history references
included herein are not adopted as part of the substance of this
ordinance, but are included for administrative convenience and as a
reference. They may be changed to correct errors and to conform to
proper style without action of the Board of County Commissioners.
Section 4. Repeal of Ordinances as Affecting Existing
Liabilities. The repeal, express or implied, of any ordinance,
ordinance provision, code section, or any map or any line on a map
incorporated therein by reference, by this amending ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability previously incurred or that may hereafter be incurred under
such ordinance, unless a provision of this amending ordinance shall so
expressly provide, and such ordinance repealed shall be treated as
still remaining in force for the purpose of sustaining any proper
action or prosecution for the enforcement of such duty, condition,
penalty, forfeiture, or liability, and for the purpose of authorizing
the prosecution, conviction and punishment of the person or persons who
previously violated the repealed ordinance.
PAGE 1 - ORDINANCE NO. 95-031 (5/17/95) !;[Y: ErD
VA Y
f� _ 1 199 ���5
0140" OS94
Section 5. Emergency. 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 its
passage.
DATED this 17th day of May, 1995.
ATTE
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
0 DESCHUTE NTY, OREGON
67M" i* (
BARRY H.SLAUQWERI, Cha&rman
PE $CHLAFGEN �Commissiontr
II A
vvc, • •—v
Win
L. NIPPER, Co d'sioner
PAGE 2 - ORDINANCE NO. 95-031 (5/17/95)
01405
EXHIBIT "A"
Title 6
ANIMALS
Chapters:
6.04 Dog Licenses
6.08 Animal Control
6.12 Livestock Kills
6.16 Impoundment
Chapter 6.04
DOG LICENSES
Sections:
6.04.010 Definitions.
6.04.015 Definition -Dog.
6.04.020 Definition -Dog kept primarily
6.04.080 Exemption from license fees.
6.04.090 Dogs kept primarily in
kennels.
6.04.100 Kennel licenses.
6.04.110 Violation -Infraction.
6.04.010 Definitions.
As used in this title, the words and phrases
are defined as set forth in 6.04.015-030. (Ord.
95-031 § 1, 1995)
6.04.015 Definition -Dog.
"Dog" means any mammal of the canine
family. (Ord. 90-019 § 1, 1990)
6.04.020 Definition -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.
(Ord. 90-019 § 1, 1990)
6.04.025 Definition -Kennel.
"Kennel" means a premises for the housing
of dogs consistent with the requirements of
minimum care under Oregon Revised Statutes
167.340(2)(b), (c) and (e), including a building
having inside and outside runs, with feed and
Chapter 6.04
water dishes. (Ord. 90-036 § 1, 1990; Ord. 90-
019 § 1, 1990)
6.04.030 Definition -Commercial
kennels.
"Commercial kennel" means any premises
where four or more dogs, at least four months
of age, are kept commercially for board,
breeding, training or sale. (Ord. 92-013 § 4,
1992)
6.04. [012] 040 Dog licenses required.
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 30 days after he becomes the
owner or keeper of the dog, and yearly
thereafter, procure from the county a license
for the dog either under section [6.04.015]
6.04.050 or section [6.04.050] 6.04.090 of this
chapter. (Ord. 95-031 § 1, 1995; Ord. 90-036
§ 2, 1990; Ord. 90-019 § 1, 1990)
6.04. [015] 050 Dog licenses.
A. Persons with dogs not qualifying under
section [6.04.050] 6.04.090 shall license their
dogs with individual dog licenses as set forth
herein.
B. Every dog licensed under this section
shall display its license tag in all instances
when it is deemed to be at large under this
title. (Ord. 95-031 § 1, 1995; Ord. 90-036 § 3,
1990)
6.04. [020] 060 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
(5/95)
in a kennel.
6.04.025
Definition -Kennel.
6.04.030
Definition -Commercial
kennels.
6.04.040
Dog licenses required.
6.04.050
Dog licenses.
6.04.060
Expiration.
6.04.070
Fees.
6.04.080 Exemption from license fees.
6.04.090 Dogs kept primarily in
kennels.
6.04.100 Kennel licenses.
6.04.110 Violation -Infraction.
6.04.010 Definitions.
As used in this title, the words and phrases
are defined as set forth in 6.04.015-030. (Ord.
95-031 § 1, 1995)
6.04.015 Definition -Dog.
"Dog" means any mammal of the canine
family. (Ord. 90-019 § 1, 1990)
6.04.020 Definition -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.
(Ord. 90-019 § 1, 1990)
6.04.025 Definition -Kennel.
"Kennel" means a premises for the housing
of dogs consistent with the requirements of
minimum care under Oregon Revised Statutes
167.340(2)(b), (c) and (e), including a building
having inside and outside runs, with feed and
Chapter 6.04
water dishes. (Ord. 90-036 § 1, 1990; Ord. 90-
019 § 1, 1990)
6.04.030 Definition -Commercial
kennels.
"Commercial kennel" means any premises
where four or more dogs, at least four months
of age, are kept commercially for board,
breeding, training or sale. (Ord. 92-013 § 4,
1992)
6.04. [012] 040 Dog licenses required.
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 30 days after he becomes the
owner or keeper of the dog, and yearly
thereafter, procure from the county a license
for the dog either under section [6.04.015]
6.04.050 or section [6.04.050] 6.04.090 of this
chapter. (Ord. 95-031 § 1, 1995; Ord. 90-036
§ 2, 1990; Ord. 90-019 § 1, 1990)
6.04. [015] 050 Dog licenses.
A. Persons with dogs not qualifying under
section [6.04.050] 6.04.090 shall license their
dogs with individual dog licenses as set forth
herein.
B. Every dog licensed under this section
shall display its license tag in all instances
when it is deemed to be at large under this
title. (Ord. 95-031 § 1, 1995; Ord. 90-036 § 3,
1990)
6.04. [020] 060 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
(5/95)
or
within the State of Oregon, shall not require
licensing under this chapter until expiration of
the current license, provided that the dog
remains in the possession of the owner to
whom the license was duly issued. (Ord. 90-
019 § 1, 1990)
6.04. [030] 070 Fees.
A. The fee for a dog license in the county
shall be $24.00, 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
10 dogs and $1.00 per dog for each additional
dog over 10 dogs. (Ord. 93-048 § 1,1993; Ord.
90-019 § 1, 1990)
6.04. [040] 080 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. (Ord.
90-019 § 1, 1990)
6.04. [050] 090 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 establish by affidavit or
signed statement (1) if the kennel is a
commercial kennel, that the kennel complies
with applicable land use laws and ordinances;
(2) that the person houses his or her dogs
primarily in a kennel, as defined herein; (3)
that the person has four dogs or more; (4)
that the person has not been convicted of
animal abuse under county or state law for
failure to maintain minimum care standards;
and (5) that the person has not been
Chapter 6.04
oi40-G'S v
convicted under county or state 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 thereafter 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.
D. The dog owner applying for a kennel
license shall grant authority to visit the
premises to such county representatives as are
necessary to verify that the qualifications set
forth in the application are met. (Ord. 92-013
§ 1, 1992; Ord. 90-036 § 4, 1990; Ord. 90-019
§ 1, 1990)
6.04. [055] 100 Kennel licenses.
A. Kennel licenses shall be valid for a one
year period from the date of purchase.
B. Dogs kept primarily in kennels and
entitled to be licensed under a kennel license
shall be covered by one kennel license issued
by the office of the Deschutes County
Treasurer['s Office], which license shall be
posted in a conspicuous place on the kennel.
(Ord. 95-031 § 1, 1995; Ord. 92-013 § 2,1992;
Ord. 90-036 § 5, 1990)
6.04. [060] 110 Violation -Infraction.
Violation of any provision of this chapter is
a Class B infraction. (Ord. 90-019 § 1, 1990)
2 (5/95)
Chapter 6.08
ANIMAL CONTROL
Sections:
Animals at large.
6.08.010
Definitions.
6.08.015
Definition -At large.
6.08.020
Definition -Dangerous dog.
6.08.025
Definition -Keeper.
6.08.030
Definition -Livestock.
6.08.035
Definition -Livestock district.
6.08.040
Definition -Open range.
6.08.045
Definition -Unconfined.
6.08.050
Conditions when animals are
nuisances.
6.08.060
Animals at large.
6.08.070
Dangerous dog.
6.08.080
Impermissible harboring.
6.08.090
Infractions.
6.08.100
When impoundment of dogs
authorized.
6.08.010 Definitions.
As used in this chapter, the words and
phrases are defined as set forth in 6.08.015-
045. (Ord. 95-031 § 1, 1995)
6.08.015 Definition -At large.
A. "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.
B. 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 livestock; and (e) use of a
dog in other related agricultural activities.
C. Livestock on the open range shall not
be considered to be at large. (Ord. 90-019 § 1,
1990)
®1��,6 0
6.08.020 Definition -Dangerous dog.
"Dangerous dog" means any dog:
A. Whose owner has been convicted or has
admitted responsibility, 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;
B. Whose owner has been convicted or has
admitted responsibility, or has in effect
admitted responsibility on a charge that the
dog attacked a person or domestic animal
without provocation; or
C. That is trained for or used in animal
fighting. (Ord. 90-019 § 1, 1990)
6.08.025 Definition -Keeper.
"Keeper" means, in addition to its ordinary
meaning, 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. (Ord.
90-019 § 1, 1990)
6.08.030 Definition -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. (Ord. 90-019 § 1,
1990)
6.08.035 Definition -Livestock district.
"Livestock district" means any geographic
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 livestock
districts lying within the jurisdiction of
Deschutes County. (Ord. 90-019 § 1, 1990)
6.08.040 Definition -Open range.
"Open range" means any area outside the
boundaries of a city that is not within the
boundaries of a livestock district, as defined in
this chapter. (Ord. 90-019 § 1, 1990)
Chapter 6.08 1 (5/95)
6.08.045 Definition -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. (Ord. 90-019 § 1, 1990)
6.08. [020] 050 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.
C. The owner or keeper of an animal that
is a public nuisance under this section shall be
liable under Section [6.08.050] 6.08.080 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. (Ord. 95-
031 § 1, 1995; Ord. 90-019 § 1, 1990)
6.08.[030]060 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] 6.08.090 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.
(Ord. 95-031 § 1, 1995; Ord. 90-019 § 1, 1990)
6.08.[040]070 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] 6.08.080 of this
chapter. (Ord. 95-031 § 1, 1995; Ord. 90-019
§ 1, 1990)
6.08.[050]080 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. (Ord. 90-019
§ 1, 1990)
6.08. [060] 090 Infractions.
A. Except as provided herein, violation of
any provision of this chapter is a Class B
infraction.
B. Violation of [6.08.040] 6.08.070 or
Chapter 6.08 2 (5/95)
4k.0 1000
01
[6.08.050] 6.08.080 is a Class A infraction.
(Ord. 95-031 § 1, 1995; Ord. 90-019 § 1, 1990)
6.08. [070] 100 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] 6.08.070,
impound the dog. (Ord. 95-031 § 1, 1995;
Ord. 90-019 § 1, 1990)
Chapter 6.08 3 (5/95)
Chapter 6.12
Livestock Kills
Sections:
6.12.010
Definitions.
6.12.015
Definition -Board.
6.12.020
Definition -Livestock.
6.12.030
Killing, wounding or injuring
livestock -Nuisance.
6.12.040 Harboring of livestock killing
dogs prohibited.
6.12.050 Killing, wounding or injuring
livestock -Evidence.
6.12.060 Hearing.
6.12.070 Killing, wounding or injuring
of livestock -Disputable
presumption.
6.12.080 Owner of livestock -Damage
claims.
6.12.090 Damage claims -Hearing.
6.12.100 Damage claims -Collection.
6.12.010 Definitions.
As used in this chapter, the words and
phrases are defined as set forth in 6.12.015-
020. (Ord. 95-031 § 1, 1995)
6.12.015 Definition -Board.
"Board" means the board of supervisors, as
defined under Deschutes County Code,
chapter 2.50. (Ord. 95-014 § 1, 1995; Ord. 90-
019 § 1, 1990)
6.12.020 Definition -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.
(Ord. 90-019 § 1, 1990)
6.12. [010] 030 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
0146-1001
keeper kills, wounds, or injures any livestock
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. (Ord. 95-031 § 1, 1995; Ord. 90-
019 § 1, 1990)
6.12.[020]040 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. (Ord. 95-031 § 1, 1995; Ord. 90-
019 § 1, 1990)
6.12. [030] 050 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 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
Chapter 6.12 1 (5/95)
dog, will provide substantial 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. (Ord. 95-031 § 1,
1995; Ord. 90-019 § 1, 1990)
6.12. [040] 060 Hearing.
A. After completion of any tests as are
administered pursuant to Section [6.12.030(B)]
6.12.050(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. (Ord. 95-031
§ 1, 1995; Ord. 90-019 § 1, 1990)
6.12. [050] 070 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] 6.12.050 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;
0146-102
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; or
D. Portions of the anatomy or covering of
the anatomy of livestock is found on the teeth
of the dog, unless the dog is regularly used for
the purpose of herding sheep. (Ord. 95-031 §
1, 1995; Ord. 90-019 § 1, 1990)
6.12.[060]080 Owner of livestock -Damage
claims.
The owner of any livestock killed, wounded,
chased or injured by any dog may, within 10
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. (Ord. 95-031
§ 1, 1995; Ord. 90-019 § 1, 1990)
6.12. [070] 090 Damage claims hearing.
All claims presented as provided by Section
6.12.070 of this chapter shall be heard
promptly. 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. (Ord. 95-031 § 1, 1995; Ord. 95-014 §
2, 1995; Ord. 90-019 § 1, 1990)
Chapter 6.12 2 (5/95)
01
014
6.12. [080] 100 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. (Ord. 95-031 § 1,
1995; Ord. 90-019 § 1, 1990)
Chapter 6.12 3 (5/95)
Chapter 6.16
Impoundment
Sections:
6.16.010 Impoundment -Facilities.
6.16.020 Impoundment -Notification
to Owner -Disposition of
animals.
6.16.030 Impoundment -Fees.
6.16.040 Care of dogs of inmates at
county correctional facility.
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 10 days
before redemption or destruction to determine
if the dog is rabid. (Ord. 90-019 § 1, 1990)
6.16.020 Impoundment -Notification
to owner -Disposition of
animals.
If the dog is impounded, the impounding
officer shall make reasonable effort to identify
the owner of the dog and shall notify the
owner of the dog of the fact of impounding
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 provisions
of this chapter are subject to, and superseded
by, any existing and applicable law of the state
providing for rabies control. (Ord. 90-019 § 1,
1990)
6.16.030 Impoundment -Fees.
The owner of any dog that is impounded
under this title shall be liable to the county for
[impound] impoundment fees in such amounts
as the Board of County Commissioners shall
determine. (Ord. 95-031 § 1, 1995; Ord. 90-
019 § 1, 1990)
6.16.040 Care of dogs of inmates at
county correctional facility.
A. 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] impoundment fees for the
animal. Signature by an inmate of an
agreement to be responsible for [board]
impoundment fees shall be an acceptable
method of assuring payment of such fees.
B. A receipt shall be given to 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. (Ord. 95-031 § 1, 1995;
Ord. 90-019 § 1, 1990)
Chapter 6.16 1 (5/95)