1998-12067-Ordinance No. 98-008 Recorded 2/26/1998�REVIEVv u TO FORM
C I ODkE REVIEW COMM. 9S-12067
I—
REVIEWED
0164-0304
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code Sections 6.08.050, Conditions When
Animals Are Nuisances; 6.08.060, Animals at Large-,
6.08.070, Dangerous Dog; 6.08.080, Impermissible
Harboring, and 6.08.090, Infractions, with
an Effective Date of May 26,1998.
* 98 FEB 26 PH 1-- 46
MARY SUL7 EINHOLLOW
COUNTY CLERK
ORDINANCE NO. 98-008
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT. Deschutes County Code Sections 6.08.050, Conditions When
Animals Are Nuisances, 6.08.060, Animals at Large, 6.08.070, Dangerous Dog, 6.08.080, Impermissible
Harboring, and 6.08.090, Infractions, are amended to read as described in Exhibit "A," attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
Section 2. EFFECTIVE DATE. This Ordinance takes effect on May 26,1998.
DATED this 25"' day of February, 1998.
ATTEST:
(11�
Recording Secretary
PAGE I OF 1- ORDINANCE NO.98-008 (2/25/98)
OF COUNTY COMMISSIONERS FOR
JTES COUNTY, ORhiGON
NANCY
ROBW L. NIPPER,
L. S
MICROFILMED
APR r:, ? 1998
ssioner
EXHIBIT "A"
Chapter 6.08. ANIMAL CONTROL
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)
W64-03GG
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)
PAGE 1 OF 3- EXHIBIT "A" TO ORDINANCE NO. 98-008 (2/25/98)
EXHIBIT "A"
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)
6.08.050. Conditions when animals are
nuisances.
A. An animal other than livestock is a public
nuisance if it:
1. Bites, injures or attacks a person;
2. Chases vehicles or persons;
3. Damages or destroys property of persons
other than the owner or keeper of the animal;
4. Scatters garbage;
* 5. Trespasses on private property of persons
other than the owner or keeper of the animal;
6. Disturbs any person by frequent or
prolonged noises;
k 7 is ., fafn le deg in hem .,n ti-, �t
b
large;
* 8. Pai4ieipmeswith a athe
than the owner- ar- 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
4-08. Injures or kills an animal or fowl
belonging to a person other than the owner or
keeper of the animal
9. Is found to be in violation of section
6.08.060.
* 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 th- s subsection (A)(1)
shall be liable under section 6.08.080 of this
chapter.
0164-0306
b
shall be eensidefedto ho MAt.-r-Aw
Of p e t ^ e toots, E. Ahs old,
whiehever eames first. (Ord. 98-008 § 1, 1998;
Ord. 95-031 § 1, 1995; Ord. 90-019 § 1, 1990)
6.08.060. Animals at large.
A. Any dog found at large is a public
nuisance.
B. Any livestock in a livestock control
district found at large is a public nuisance.
C.
...,lel:. nuisanee ander- this eetion shall b
liable undef: seetion 6.08.090 of this chaptef
*P 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. 98-008 § 1,
1998; Ord. 97-011 § 2, 1997; 95-031 § 1, 1995;
Ord. 90-019 § 1, 1990)
6.08.070. 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.
G Thepr-ovisionsof this eetion sh-A-11 he
subjeet to seation 6.08.080 of this ehapter- (Ord.
98-008 § 1, 1998; Ord. 95-031 § 1, 1995; Ord.
90-019 § 1, 1990)
6.08.080. 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 serieusly injured any person.
(Ord. 98-008 § 1, 1998; Ord. 90-019 § 1, 1990)
6.08.090. Infractions.
A. Except as provided herein, violation of
any provision of this chapter is a Class B
infraction.
PAGE 2 OF 3- EXHIBIT "A" TO ORDINANCE NO. 98-008 (2/25/98)
EXHIBIT "A"
0164-030'7
B. Violation of subsections 6.08.050(A)(1),
(7) and (8), and sections 6.08.060, 6.08.070 or
6.08.080 is a Class A infraction eet-to
Vie.
C. Vi8lation of seetion 6.08.070 E)r- 6.08.080
is a Clan. ^ infra -tion (Ord. 98-008 § 1, 1998;
Ord. 97-011 § 2, 1997; Ord. 95-031 § 1, 1995;
Ord. 90-019 § 1, 1990)
6.08.100. 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 6.08.070, impound the
dog. (Ord. 95-031 § 1, 1995; Ord. 90-019 § 1,
1990)
PAGE 3 OF 3- EXHIBIT "A" TO ORDINANCE NO. 98-008 (2/25/98)