Ord 2434 - Care and Control of AnimalsCOUNCIL BILL NO. 2706
ORDINANCE NO. 2434
AN ORDINANCE CONCERNING THE CARE AND CONTROL OF ANIMALS;
ESTABLISHING REGULATIONS AND PENALTIES; AND REPEALING ORDINANCE 1638.
WHEREAS, the City of Woodburn is a home rule city with the legal power to
regulate animals within its corporate boundary; and
WHEREAS, more specifically, ORS Chapter 609 authorizes cities to have an
animal control program, to prohibit the keeping of wildlife and exotic animals
(ORS 609.205) and to impose reasonable restrictions on the keeping of dogs;
and
WHEREAS, it is the purpose of this Ordinance to regulate animal behavior
so to prevent animals from becoming a nuisance, endangering any person,
animal or property, or creating a health hazard; and
WHEREAS, the City has the authority and obligation to regulate animals to
protect the public health and safety; and
WHEREAS, the City also recognizes its obligation to act fairly and provide
adequate due process for keepers of animals under this Ordinance; and
WHEREAS, the City Council noticed and conducted a special meeting on
the Ordinance on February 19, 2008; and
WHEREAS, input from the Council and the general public was received
and the Ordinance was revised as necessary; and
WHEREAS, this Ordinance is intended to establish a city animal control
program and supersedes ORS Chapter 609, except as specifically provided by
state law, or where this Ordinance does not provide for a parallel rule, definition,
or procedure; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Definitions. For purposes of this Ordinance, these terms are
defined as follows:
A. ANIMAL. Any nonhuman vertebrate.
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B. ANIMAL CONTROL OFFICER. A person designated by the Woodburn
Chief of Police to enforce this Ordinance.
C. AT LARGE. Any animal, excluding domestic cats, that is off the
premises of its keeper and is not on a leash held by a person capable of
controlling the animal.
D. DOG. Any mammal of the canidae family excluding, for purposes
of this Ordinance, any dog used by a law enforcement agency in the
performance of work.
E. EUTHANIZE. To put an animal to death in a humane manner by a
licensed veterinarian or a certified euthanasia technician.
F. FOWL. Any chicken, duck, goose, guinea fowl, peafowl, peacock,
turkey, dove, pigeon, game bird, or similar bird.
G. KEEP. To have physical custody or otherwise exercise dominion and
control over.
H. KEEPER. A person or legal entity who owns, or has a possessory
property right in an animal or who harbors, cares for, exercises control over, or
knowingly permits any animal to remain on premises occupied by that person.
I. LIVESTOCK. Animals, including but not limited to the following: (1)
fowl; (2) horses; (3) mules; (4) burros; (5) asses; (5) cattle; (6) sheep; (7) goats; (8)
llamas; (9)emu; (10) ostriches; (1 1) swine; or (12) any furbearing animal bred and
maintained for commercial purposes and kept in pens, cages, or hutches.
J. MUNICIPAL JUDGE. The judge of the Woodburn Municipal Court.
K. PEACE OFFICER. Has the meaning provided in ORS 161.015 (4).
L. PERMIT. To allow, make possible, afford opportunity, acquiesce by
failure, refusal or neglect to abate.
M. PERSON. Any natural person, association, partnership, firm or
corporation.
N. PHYSICAL DEVICE OR STRUCTURE. A tether, trolley system, other
physical control device or any structure made of material sufficiently strong to
adequately and humanely confine the animal in a manner that would prevent
it from escaping.
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O. PHYSICAL INJURY. Physical impairment as evidenced by scrapes,
cuts, punctures, bruises or physical pain.
P. SECURE ANIMAL SHELTER. An animal shelter that agrees to accept
an animal and that agrees to the following conditions:
Not to release the animal from the shelter for the rest of the
animal's natural life;
2. Not to allow the animal to come into contact with the
general public for the rest of the animal's natural life;
3. To indemnify, defend, and hold the City harmless from any
and all future claims of any kind or nature whatsoever relative to past or future
care and custody of the dog and to the dog's future behavior;
4. To notify the City if the shelter goes out of business or can no
longer keep the animal and to abide by the City's disposition instructions.
Q. SECURE ENCLOSURE. Shall be any of the following:
1. A fully fenced pen, kennel or structure that shall remain
locked with a padlock or combination lock. Such pen, kennel or structure must
have secure sides, minimum of five feet high, and a secure top attached to the
sides, and a secure bottom or floor attached to the sides of the structure or the
sides must be embedded in the ground no less than one foot to prevent digging
under it. The structure must be in compliance with the City's building code and
ordinances; or
2. A house or garage. When dogs are kept inside a house or
garage as a secure enclosure, the house or garage shall have latched doors
kept in good repair to prevent the accidental escape of the dog. A house,
garage, patio, porch or any part of the house or condition of the structure is not
a secure enclosure if the structure would allow the dog to exit the structure of its
own volition
R. SERIOUS PHYSICAL INJURY. Any physical injury which creates a
substantial risk of death or which causes disfigurement, or protracted loss or
impairment of health or of the function of any body part or organ.
Section 2. Keepinq of Certain Animals Prohibited.
A. No person shall keep any of the following animals of either
thoroughbred or hybrid stock or pedigree:
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1.
All poisonous animals, including rear -fang snakes;
2.
Apes such as chimpanzee (Pan), gibbons (Hylobates), gorillas
(Gorilla), orangutans
(Pongo), and siamangs (Symphalangus);
3.
Baboons (Papio, Mandrillus);
4.
Bears (Ursidae);
5.
Bison (Bison);
6.
Cheetahs (Acinonyx jubatus);
7.
Constrictor snakes exceeding five feet in length;
8.
Crocodilians (Crocodilia);
9.
Coyotes (Canis latrans);
10.
Deer (Cervidae), such as white-tailed deer, elk, antelope,
and moose;
11. Elephants (Elephas and Loxodonta);
12. Game cocks and other fighting birds;
13. Hippopotami (Hippopotamidae);
14. Hyenas (Hyaenidae);
15. Jaguars (Panthera onca);
16. Leopards (Panthera pardus);
17. Lions (Panthera leo);
18. Lynxes (Lynx);
19. Monkeys, old world (Cercopithecidae), new world;
20. Ostriches (Struthio);
21. Piranha fish (Characidae);
22. Pumas (Felis concolor), such as cougars, mountain lions, and
panthers;
23.
Raptors, such as condors, eagles, kites, falcons, osprey, owls,
harriers, hawks,
buzzards and vultures (Falconiformes and Stigiformes orders)
24.
Rhinoceroses (Rhinocero tidae);
25.
Serval Cats (Felis serval or Leptailarus serval)
26.
Sharks (Class Chondrichthyes);
27.
Snow leopards (Panthera uncia);
28.
Tigers (Panthera tigris); or
29.
Wolves (Canis lupus and hybrids).
B. The provisions of this section shall not apply to:
1. An educational or medical institution, if the animal is kept for
the primary purpose of instruction, study or research; or
2. A circus, carnival or other similar itinerant show business, if the
animal is kept for the primary purpose of public entertainment; or
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3. A veterinarian employed by the federal government or
currently licensed by the Oregon State Veterinary Examining Board, if the animal
is kept for the primary purpose of diagnosis or treatment.
Section 3. Keepinq of Livestock Generally Prohibited. Except as
permitted by this Ordinance, no person shall keep livestock.
Section 4. Keeping of Limited Number of Chickens or Ducks Permitted.
Notwithstanding Section 3 of this Ordinance, a person shall be allowed to keep
a total of three or fewer chickens or ducks. The chickens or ducks kept under
this section shall be enclosed in coops or pens and kept in a clean and sanitary
condition. This section shall not be construed to as to allow the keeping of
roosters, which are prohibited.
Section 5. Duties of Animal Keepers.
A. It shall be a violation of this Ordinance for a keeper of an animal to:
1. Permit an animal to be at large.
2. Permit an animal to cause unreasonable noise at any time of
the day or night by repeated barking, whining, screeching, howling, braying or
other like sounds which may be heard beyond the boundary of the keeper's
property.
3. Permit an animal to damage or destroy property of persons
other than the keeper.
4. Fail to immediately remove any excrement or other solid
waste deposited by an animal on public property or the property of another.
Section 6. Placinq of Poisonous Food Prohibited. No person shall
knowingly place food of any description containing poisonous or other injurious
ingredients in any area reasonably likely to be accessible to animals, except as
provided by law for nuisance, vector, or predator control.
Section 7. Confining Animals in Motor Vehicles Prohibited.
A. No animal shall be confined within or on a motor vehicle at any
location within the city under such conditions as may endanger the health or
well-being of the animal, including but not limited to dangerous temperature,
lack of food, water or confinement with a dangerous animal.
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B. An animal control or police officer is authorized to remove an
animal from a motor vehicle when the officer reasonably believes that the
animal is confined in violation of this section. Any animal so removed shall be
delivered to the Marion County Animal Control Shelter after the removing officer
leaves written notice of the removal and delivery, including the officer's name,
in a conspicuous, secure location on or within the vehicle.
Section 8. Dog Licensing. Any person owning or keeping a dog within
the City shall purchase for such a dog a license as required under the provisions
of ORS 609.100.
Section 9. Levels of Dangerous Dogs.
A. For purposes of this Ordinance, the classification of various levels of
dangerous dogs shall be based upon these specific behaviors exhibited by the
dogs.
1. Level 1 behavior is established if a dog, while at large, is
found to menace, chase, display threatening or aggressive behavior or
otherwise threaten or endanger the safety of any person.
2. Level 2 behavior is established if a dog, while at large, bites or
causes physical injury to any dog or cat.
3. Level 3 behavior is established if a dog bites or causes
physical injury to any person.
person; or
4. Level 4 behavior is established if:
(a) A dog causes the serious physical injury or death of any
(b) A dog, while at large, kills a dog or cat.
Section 10. Keeping of Dangerous Dog; Penalty; Defenses.
A. Any person who keeps a Level 1 Dangerous Dog commits a Class 4
civil infraction.
B. Any person who keeps a Level 2 Dangerous Dog commits a Class 3
civil infraction.
C. Any person who keeps a Level 3 Dangerous Dog commits a Class 2
civil infraction.
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D. Any person who keeps a Level 4 Dangerous Dog commits a Class
civil infraction.
E. The following affirmative defenses may be presented:
1. The dog's behavior was the direct result of the victim abusing
or tormenting the dog, or
2. The dogs' behavior was directed against a trespasser on the
keeper's property.
Section 11. Keeping of Dog Pursuant to Court Order Permitted.
Notwithstanding Section 10 of this Ordinance, dogs classified as dangerous dogs
by the Municipal Judge may be lawfully kept pursuant to the terms of a
Municipal Court order.
Section 12. Classification of Dogs by Municipal Judge.
A. In addition to any other penalties imposed under this Ordinance,
the municipal judge shall have the power to classify dangerous dogs based
upon the dogs' behavior. This classification shall be based upon evidence
proving the dogs' behavior by a preponderance of the evidence.
Section 13. Disposition of Dangerous Dog Cases.
A. In addition to any other penalties imposed under this Ordinance,
the keeper of a dog found by the municipal judge to be a dangerous dog shall
be ordered by the court to do the following:
1. If the dog was found to have engaged in Level 1 behavior,
the keeper shall provide a physical device or structure that prevents the dog
from reaching any public right-of-way or adjoining property, and shall restrict
the dog by such a device or structure whenever the dog is outside the keeper's
home and not on a leash off the keeper's property.
2. If the dog was found to have engaged in Level 2 or Level 3
behavior, the keeper shall provide a secure enclosure and confine the dog
within such enclosure whenever the dog is not on a leash, off the keeper's
property or inside the home of the keeper.
Section 14. Disposition of Level 3 or 4 Dangerous Dog Cases.
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A. If the dog was found by the municipal judge to have engaged in
Level 3 or 4 behavior, the municipal judge shall provide an opportunity to the
keeper and the City regarding the appropriate disposition of the dog.
B. If the dog was found by the Municipal Judge to have engaged in
Level 4 behavior, the Municipal Judge shall order:
That the City euthanize the dog; or
2. That the dog be sent at the keeper's expense to a secure
animal shelter; or
3, That the dog be removed from the City as specified in this
Ordinance.
C. If the dog was found by the Municipal Judge to have engaged in
Level 3 behavior, the Municipal Judge may order:
1. That the City euthanize the dog; or
2. That the dog be sent at the keeper's expense to a secure
animal shelter; or
3. That the dog be removed from the City as specified in this
Ordinance; or
4. That there be a different disposition of the case as
determined to be fair and appropriate by the Court.
D. The keeper shall be responsible for all fees and charges related to
the care, keeping, or euthanizing of the dog.
E. The municipal judge will consider ordering that the dog be sent to a
secure animal shelter only at the request of the keeper. The keeper shall bear
the burden of establishing that an animal shelter is available that meets the
criteria for a secure animal shelter, that the shelter will accept the dog, and that
the keeper is willing and able to pay all expenses for transporting and caring for
the dog.
F. After conclusion of the hearing, the municipal judge shall issue an
order finding that the dog has engaged in Level 3 or 4 behavior and providing
for disposition of the dog. This order shall include findings justifying the Court's
action. A copy of the order, including notice of the right to file a Writ of Review
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in Marion County Circuit Court shall be sent by regular and certified mail, return
receipt requested, or delivered by personal service to the keeper of the dog.
Section 15. Removal of Animals from the City Prior to releasing an
animal for removal from the City pursuant to this Ordinance the municipal judge
shall require: (1) proof that an appropriate place outside of the incorporated
limits of the City is available to keep the animal; (2) proof that the animal
control authority in the jurisdiction to which the animal is being moved has been
informed of the relocation and has had an opportunity to address the Court; (3)
agreement by the animal's owner to indemnify, defend, and hold the City
harmless from any and all future claims of any kind or nature whatsoever relative
to past or future care and custody of the animal and to the animal's future
behavior. If these requirements are not met, the Municipal Judge may order the
animal seized and delivered to the Marion County Animal Control Shelter with
instruction to dispose of the animal at the end of five days unless during that
period, the owner sells the animal or meets the requirements under this section.
The owner shall pay the costs of the action.
Section 16. Shelter Operations; Impoundment, Release and Disposal.
A. The Marion County Animal Control Shelter is designated as the
facility to receive, care for and confine any animal delivered to its custody
under the provisions of this Ordinance. This impound facility shall be operated
by Marion County Animal Control for the conduct of necessary business
concerning impounded animals. Impounded animals may be temporarily
housed in a kennel designated by the Chief of Police prior to their transport to
the Marion County Animal Shelter.
B. Impoundment is subject to the following holding period and notice
requirements:
1. An animal bearing identification shall be held for five working
days before any action is taken to dispose of the animal. The City shall make
reasonable effort within twenty-four hours of impoundment to notify the keeper,
shall send by registered or certified mail, a written notice of the impoundment to
the last known address of the keeper, advising the keeper of the impoundment,
the date by which redemption must be made and the fees payable prior to
redemption release.
2. An animal that does not bear identification shall be held for
three working days before any disposition may be made.
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3. Animals held for period prescribed herein, or as otherwise
required by ORS 433.340 to 433.390, and not redeemed by the keeper, shall be
subject to disposal consistent with Marion County Animal Control procedures.
4. In instances where a peace officer impounds animals from a
person taken into custody, the peace officer shall issue a receipt to the person
reciting the redemption requirements under this Ordinance and shall serve this
receipt upon the person.
C. Unless restrained by Court order, the impound facility shall release
any impounded animal to the keeper or the keeper's authorized representative
upon payment of all applicable impoundment, shelter, care, medical costs,
license fees or other applicable fees or deposits.
Section 17. Penalty for Unspecified Violations. The violation of any
section of this Ordinance where the penalty is not specified constitutes a Class 4
civil infraction.
Section 18. Authorized Enforcement Officers. The following City officials
are authorized to enforce this Ordinance:
A. An animal control officer;
B. A peace officer; and
C. The Woodburn City Administrator or designee.
Section 19. Animal Nuisance Enforcement. If there are reasonable
grounds to believe that any animal constitutes a public nuisance, an action
may be instituted by the City Attorney under Ordinance 2338, the Woodburn
Nuisance Ordinance, as an additional remedy.
Section 20. Institution of Legal Proceedings. The City Attorney, acting in
the name of the City, may maintain an action or proceeding in a court of
competent jurisdiction to compel compliance with or restrain by injunction the
violation of any provision of this Ordinance as additional remedy.
Section 21. Exclusive Review in Marion County Circuit Court. All
determinations by the municipal judge under this Ordinance shall be final and
subject only to Writ of Review in the Marion County Circuit Court pursuant to ORS
Chapter 34.
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Section 22. Savings Clause. The repeal of any ordinance by this
Ordinance shall not preclude any action against any person who violated the
ordinance prior to the effective date of this Ordinance.
Section 23. Severability. The sections and subsections of this Ordinance
are severable. The invalidity of any section or subsection shall not affect the
validity of the remaining sections and subsections.
Section 24. Repeal. Ordinance No. 1638 is hereby repealed.
Approved as to form:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
City Attorney
Approyed:
Filed in the Office of the Recorder
ATTEST: cam, :zz:'� !�6=
Mary nant City Recorder
City of Woodburn, Oregon
Page 1 1 -COUNCIL BILL NO. 2706
ORDINANCE NO. 2434
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Dat
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March 26. 2008
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