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34-883-Ordinance No. 203-1 AND 203-1A Recorded 7/2/1980vot 34 mcr_ 883 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON FOR DESCHUTES COUNTY In the Matter of an Ordinance ) Regulating the Control and ) AMENDMENT TO COUNTY Disposition of Dogs Within ) ORDINANCES 203-1 AND 203-1A Deschutes County ) The Deschutes County Board of Commissioners ordains that County Ordinances 203-1 and 203-1A be amended as follows. Deleted material is shown in brackets, and additions are underlined. 1. [Section 11 1. [ (1) ] (A) [(2)l (B) [ (3) ] (C) [(4)] (D) [(5)] (E) [Habitually trespass] Trespasses on private property of persons other than the owner of the dog; [ (6) ] (F) [(7)l (G) [(8)] (H) Participates with two or more other mature dogs in running at large on [public] property other than that of the owner of the dog. A dog shall be considered mature when it has a set of permanent canine teeth or is six months old, whichever comes first. 2. [Section 2] 2. (A) When a dog is [alleged to be] a public nuisance under [Section One] section 1 of this ordinance, [every] any police officer, sheriff, deputy sheriff or dog control officer [shall] may impound it [or notify the owner in writing to temporarily restrain the dog, and the allegations made about the dog.] or cite the owner or keeper to court or do both. (B) A citation issued for violation of section 1 of this ordinance shall give the person cited the option of forfeiture of bail in lieu of appearance in court. 3. [Section 31 3. 4. [Section 4] 4. If the dog is impounded, the [dog control] impounding officer shall make reasonable effort to identify the owner of the dog and shall notify the owner of [such] the dog of the fact of impounding and the alleged reasons [therefore] therefor. He shall also subse- quently give notice of the time and place the matter will be heard by the Dog Control Board. 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 The provisions of [the] this ordinance are subject to, and [superceded] superseded by, any existing and applicable law of the State of Oregon providing for rabies control. -1- . VOl 34 FAG= 884 5. [Section 5] 5. (A) The evidence supporting the allegation that the dog is a nuisance shall be presented to the Dog Control Board at the hearing provided for in section 4. The owner of the dog shall be allowed to present evidence. (B) If the Dog Control Board determines [said] the dog is not a nuisance as defined [by Section One] in section 1 it [may] shall release [such] the dog to the owner or any responsible person who will properly care for [such] the dog and not allow it to become a nuisance, [and] upon payment of [such] fees and costs [as] prescribed [by] in [Section Seven] section 7 of this ordinance. (C) If the Dog Control Board determines [such a] the dog [to be] is a nuisance as defined [by Section One, Item One,] in section 1, paragraph (A), of this ordinance, and if [in the opinion of] the Dog Control Board determines [it was a vicious attack,] the attack was vicious, it may order [it] the dog to be killed in a humane manner. 6. [Section 61 6. (A) The owner of a dog ordered destroyed by the Dog Control Board [has the right to] may appeal such [decision] order to the Deschutes County Board of Commissioners. Notice of appeal shall be in writing and delivered to the Board of County Commissioners within three days of the [decision] order of the Dog Control Board. (B) Upon receipt of such notice the Board of Count Commissioners shall set a time, [and place, within ten days after the decision of the Dog Control Board, and notify interested parties of such time and place] to be within ten days after the order of the Dog Control Board, for review of the findings and order of the Dog Control Board. The Dog Control Board, the complainant and the owner of the doa shall be notified of the time and place for the review. The Board of County Commissioners may affirm, modify or reverse the [decision] order of the Dog Control Board. 7. [Section 71 7. The owner of any dog proceeded against [by the Ordinance] under this ordinance shall be liable to [the] Deschutes County [the amount of $5 for the first impoundment and $10 for each subsequent impound- ment, and $5 per day for the expense of keeping said dog for each day of impoundment of such dog pending final disposition of the matter.] for the following fees: first impound $10.00 each subsequent impound $20.00 board and room, maximum per day $ 5.00 8. [Section 8] 8. Notwithstanding the provisions of [Section] sections 2 through 7 of this ordinance, if a dog violates [Section] section 1, paragraph [(8)] (H), of this ordinance, the persons authorized to impound dogs [under Section 2 of this act,] by section 2 of this ordinance [shall be] are authorized to shoot or otherwise humanely dispose of said] the dog after unsuccessfully exhausting all reasonable methods of taking up and impounding [said] the dog. -2- ~ VOL 34 Fn-M5, 9. [Section 9 This ordinance is enacted pursuant to authority granted to the County by Oregon Revised Statutes Chapter 203.1 10. [Section 10 This ordinance shall take effect 90 days after adoption by the Deschutes County Board of Commissioners.] 11. 9. (A) Except as provided in subsection (C) of this section, any dog, whether licensed or not, which, while off the premises owned or under control of its owner, kills, wounds, or injures any livestock not belonging to the master 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 master, or the agents or employes of such master. (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, injuring or chasing chickens upon a public place, highway or within the corporate limits of any city. 12. 10. (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 dog will provide substantial further evidence as to whether the dog has been engaged in killing, wounding, injuring or chasing livestock, the Dori Control Board shall provide for the administration of tests by a licensed veterinarian. (C) (1) After completion of such tests as are administered pursuant to subsection (B) of this section, the Dog Control Board shall determine whether the dog has been engaged in killing, wounding, injuring or chasing livestock. If the Dog Control 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 Dog Control Board determines that the dog has not been so engaged, the dog shall be released to its owner and, if the dog had been impounded upon receipt of evidence from a complainant, the complainant shall_ pay the costs of keeping and testing of the dog during the impoundment. (2) Notwithstanding section 2 of this ordinance, a dog impounded pursuant to subsection (A) of this section shall not be released until a determination is made by the Dog Control Board pursuant to this subsection. 13. 11. A disputable presumption shall arise that a dog has been engaged in killing, wounding, injuring or chasing livestock within the meaning of section 10 of this ordinance if: -3- VOL 34 w. 886 (A) The dog is found chasing livestock not the property of the owner 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 by the dog; 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. 14. 12. (A) No person shall own, harbor or keep any dog with knowledge that it has killed or wounded any livestock or, with knowledge that, while off the premises owned or under the control of its owner and while not acting under the direction of its master or the agents or employes of such master, it has killed or seriously injured any person. (B) _However, 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. 15. 13. 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 Dog Control 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. 16. 14. All claims presented as provided by section 13 of this ordinance shall be heard at the first regular session of the Dog Control 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. 17. 15. In each case where a claim against the dog fund has been paid by the Dog Control Board, Deschutes 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"District Attorney 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. -4- 18. [Section 11 SEVERANCE CLAUSE.] 16. 19. [Section 121 17. County ordinances 203-1 and 203-1A are combined and renumbered as County Ordinance 203.1. A copy of County Ordinance 203.1 is attached hereto as Exhibit "A." This ordinance being necessary for the immediate preservation of the public health, welfare and safety, an emergency is declared to exist and this ordinance takes effect upon its adoption. DATED this day of .,04 , 1980. BOARD OF COUNTY COMMISSIONERS 7 CLAY C. SHEtARD, CommissionEr ROBERT C. PAn SO , JR., Commis ' r ROISEMARY PAT RSON Deschutes Count Clerk -5-