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Ord 1751t COUNCIL BILL N0. 632 ORDINANCE N0. 1751 AN ORDINANCE PROVIDING FOR THE CONTROL OF ANIMALS; PROVI-DING A PROCEDURE FOR DEALING WITH OFFENDERS, AND AMENDING SECTIONS 1, 2, 4, 5, 8 AND 9 OF ORDINANCE N0. 1638. THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1~ Section 1, subsection (3~ of Ordinance No. 1638 is amended to read as follows. "(3) Running at large. An animal is "running at large" which is not on property with the permission of the owner or contro]led by the use of a leash. The term "running at large" does not include the use of a dog under the supervision of a person to control or protect livestock or in other related agricultural activities or the use of a dog by law enforcement personnel." Section 2. Section 2 of Ordinance No. 1638 is amended to read as follows. "Section 2. Enforcement. It shall be the duty of the Chief of Police or his designate to enforce all provisions of this ordinance. If an animal control officer or police officer is a witness to an offense under this ordinance, he may make a noncustody arrest of the offending person and issue the offending person a citation to appear in the municipal court. If a private party desires to make a noncustody arrest, and if the animal control officer or police officer assisting deems it proper, such officer may issue a citation to appear in the municipal court. In all cases, the animal control officer or police officer shall be allowed to exercise the discretion to issue a warning in lieu of a citation." Section 3. Section 4 of Ordinance No. 1638 is amended to read as follows. "Section 4. Dogs not to run at large. No owner, keeper or custodian of any dog shall permit the dog to run loose or be at large within the city. Any such dog is declared to be a nuisance." Page 1 - COUNCIL BILL N0. 632 ORDINANCE NO. 1751 Section 4. Section 5 of Ordinance No. 1638 is amended to read as follows. '°Section 5. Fowl not to run at large. No owner, keeper or custodian of any fowl shall permit the fowl to run loose or be at large within the city. Any such fowl is declared to be a nuisance.'' Section 5. Section 8 of Ordinance No. 1b38 is amended to read as follows. "Section 8. Complaint, Hearin. When a citation to appear has been filed with the municipal court, the city attorney may, if it appears that an offense has been committed, issue a complaint. The complaint may be verified and sworn to by the city attorney, the animal control officer or a police officer, or a private citizen. Such complaints shall be treated by the court according to the rules of the court. If the person charged in the complaint is found by the municipal judge to be main- taining the nuisance as charged in the complaint, or to be maintaining a nuisance in any manner violating any of the provisions of Sections 4, 5 or 7 of this ordinance, the municipal judge may enter judgment directing the chief of police immediately to abate the nuisance and, as part of such judgment, assess to such person the cost of the action. Such judgment may be in addition to any penalty imposed under Section 40 of this ordinance.'' Section 6. The first sentence of Section 9 of Ordinance No. 1638 is amended to read as follows. "It is the duty of the chief of police to execute any judgment which may be rendered by the municipal judge in the matter of abating any nuisance as described in Section 8." The remainder of Section 9 of Ordinance No. 1638 shall remain as is. n~ APPROVED: ~, ALE A ON, MAYOR Page 2 ~- COUNCIL Bltl N0. 632 ORDINANCE N0. 1751 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed with the Office of the Recorder ATTEST: ~ ~.~~ . ' ~ ~, , 4,1-~; .~j Barne 0 ~ Bur i s Recorder ~~--~ City of Woodburn, Oregon June 8, 1981 June 9, 1981 June 10, 1981 June 10, 1981 Page 3 - COUNCIL BILL N0. 632 ORDINANCE N0. 1751 I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do hereby certify that I caused to be posted three copies of Ordinance No. 1751, on of which said copies posted in the City Hall on the bulletin board opposite the entrance to the Reocrder's Office, in full view of the traveling public; a second one of said copies posted on the Uoodburn Public Library bulletin board at 280 garfield Street, in full view of the traveling public; a third one of said copies posted on the Community Center bulletin board at 491 N. Third St., places are public places within the corporate limits of the City of Woodburn and all of said copies were posted on the 12th day of June ,1981. ~ ~ Barney urr~s, Recorder City of Woodburn, Oregon