Ord 1638COUNCIL BILL N0. 464
ORDINANCE N0. 1638
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AN ORDINANCE PROVIDING FOR THE CONTROL OF ANIMALS;
PROVIDING FOR LICENSING ANIMALS; AND REPEALING ORDINANCES
N0. 1072 AND 1482.
The people of the city of Woodburn do ordain:
Section 1. Definitions. As used in this ordinance,
the following words and phrases, unless the context re-
quires otherwise, shall mean:
(1} Owner. Any person who awns, keeps or harbors
an animal, except a veterinarian or an operator of a
commercial kennel, insofar as they may keep dogs in the
course of their businesses.
(2} Dog license. The license required to be annu-
ally issued for each individual dog.
(3) Running at large. An animal is "running at large"
which is not on the property of the owner and is not under
the immediate control of its owner or not otherwise con-
trolled by a competent person. 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.
(4) Livestock. Cattle, sheep, horses, goats, swine,
mules and any furbearing animals bred and maintained com-
mercially or otherwise within pens, cages and hutches.
Section 2. Enforcement. It shall be the duty of
the chief of police to enforce all provisions of this
ordinance.
Section 3. Livestock Not to Run at Large. No live-~
stock shall be allowed to run at large or be herded
or tethered in any of the streets, alleys, parks or pub-
lic places in the city or be kept, put or grazed upon any
lawn or premises without the consent of the owner of such
lawn or premises.
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.
Section 5 , Fo~~~l Not to Run at Large . No o~7ner;
keeper or custodian of any fowl shall permit the fowl to
run loose or be at large within the city.
Council Bill No. 464
Ordinance No. 1638
Page 1
Section 6. Tying Animals_ to Trees. No person shall
tie or fasten any animal to any growing shade or ornamen-
tal tree.
Section ?. Noisy- Animals and Fowl. No person shall
keep or maintain within the city any fowl, dog, cat, live-
stock or other animal which makes or causes to be made
any loud or unusual noise which disturbs the peace and
quiet of any part of the city or any of the inhabitants
of the city. Any such animal or fowl is declared to be
a nuisance.
Section 8. Complaint, Summons and Hearing. whenever
a duly verified complaint is-filed with the municipal
judge alleging that a nuisance as described in :the pre-
ceding section is being maintained in the city, it shall
be the duty of the municipal judge immediately to issue
and deliver the summons, together with a copy of the com-
plaint, to the chief of police, to be served upon the
person alleged to be permitting or maintaining the nuisance.
The summons shall require such person to appear before the
municipal judge within three days and file his answer,
showing why the nuisance should not be summarily abated.
The municipal judge shall hear and determine the matter
at the earliest possible date after the answer is filed.
If the person 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 the preceding section, the municipal judge
shall enter judgment directing the chief of police imme-
diately to abate the nuisance and, as part of such judg-
ment, assess to such person the cost of the action.
Section 9. Abatement of Dag, Cat or Fowl Nuisance.
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 described in Section ?.
In the execution of the judgment which requires the chief
of police to abate a nuisance caused by a fowl, dog or
cat, such animal shall be seized and delivered to the
poundmaster with instructions and directions to destroy
the animal at the end of 5 days, unless during that
period the owner sells or d sa. poses of the same so that
it will be removed from the corporate limits of the city.
The chief of police may sell the dog, cat or fowl in the
manner provided in the following section for the sale of
other animals.
Council Bill Teo. 464
ordinance No. 1638
Page 2~
Section 10. Abatement of Horse, Cow or Other Animal
Nuisance. When the municipal judge requires the abatement
of a nuisance occasioned by a horse, cow or other animal,
the chief of police shall seize such animal and shall cause
it to be confined in a place where the annoyance complained
of will not be continued. The animal shall be advertised
for sale to the highest bidder, The purchaser shall agree
to remove it from the city, and the proceeds of the sale
shall be applied by the chief of police as follows:
(1} To the payment of any cost which may be
incurred by the municipal court in the action for the
abatement of the nuisance.
(2) To costs incurred in caring for and in selling
the animal.
(3) The surplus, if any, shall be delivered by the
chief of police to the owner of the animal seized.
Section ll. Abatement of Nuisance by Owner, In addi-
tion to the remedy provided in Sections 8, 9 and 10, the
municipal judge may issue a notice to the person charged
with maintaining a nuisance, requiring such person to abate
the same within 5 days from the date of service of
notice.
Section l2. Killing or Molesting Ducks Prohibited,
No person shall kill, injure, take or molest any duck or
any duck nest in or upon any waters of the city or upon
any land or premises abutting upon or lying near or adja-
cent to any such waters, except with a written permit
issued by the ~~ . parks director of the city. Pro-
visions of this section do mot apply to any person law-
fully killing or taking ducks when such person is the
legal owner or lawful agent of the owner,
Section 13, Abatement of Nuisances Caused by Ducks.
When the number or actions of ducks upon any premises,
public or private; constitute a nuisance in the judgment
of the county hea~.th of f icer ~c~ th~~ , ~~ . - . parks direc for,
such officials have the authority to abate the nuisance
by the removal of any or all of the ducks and to require
the owner or agent of the owner to remove any duck or
ducks creating a nuisance.
Section 14. Humane Society of t_he Willamette valley,
The ~3~.amane Societ1~ of the Willamette valley is hereby
designated as the official pound for the city of Woodburn
for receiving animals from police officers for impounding,
Council Bill No. 464
Qrdinance No. 1638
Page 3
Impoundment
Section 15. Impoundment by Police. Police officers
are authorized to take up, capture and impound any dog,
domestic animal or fowl found running at large or being
herded on the streets, alleys, parks or other public
places within the city. Any police officer finding an
animal running at large may enter upon private property,
except a dwelling house, for the purpose of taking up,
capturing and impounding such animal.
Section 16. Right of Officer to Subdue and/or
Destroy. If a police officer finds that an animal at
large threatens the safety of persons or property, he may
subdue and capture the animal. In doing so, he may use
any dart or other projectile by means of which a tran-
quilizing drug may be injected into the animal and the pro-
pelling force which is approved by the chief of police.
In case of immediate danger of harm to himself or other
persons or animals, he may destroy the animal,
Section 17. Notice o_f Impoundment of Animals or
Fowl. The chief of police shall give immediate notice of
the impounding of any animal or fowl under Section~.5, with
a description thereof, by posting the same in a conspicu-
ous place at the pound. He shall, in the case of horses,
mules or cattle, give notice as provided in ORS 607.313.
Section 18. Sale of Impounded Animals. Except for
horses, mules or cattle, any animal or fowl impounded is
subject to sale, destruction or other disposition by the
Humane Society of the Willamette Valley. An impounded
animal may be reclaimed by the owner or person entitled to
possession if the prescribed costs are paid within 5
days of the posting of notice.
Dog Control
Section 19. Dog Licenses Required. Any person own-
ing or keeping a dog within the city shall purchase for
such dog a license as required under the provisions of
ORS 609.100.
Section: 20. Dog Tags_ on collar Regtz.ired. Any person
owning or keeping a dog required to be licensed under Sec-
tion l9 shall fasten to a collar and keep on such dog at
Council Bill No. 464
Ordinance No. 1638--
Page 4
all times a metal tag to be supplied at the time of the
issuance of the license,
Section 21, vicious Dogs. No owner shall keep or
harbor within the city any dog known by the owner to be
a vicious dog, For the purposes of this section, a vicious
dog is one which has bitten any person or other domestic
animal or which has a known propensity to attack or bite
human beings or other domestic animals.
Section 22. Defenses. In any prosecution under
Section 21, it is an affirmative defense for the defendant
to prove the following:
(1) A person was bitten while trespassing within a
dwelling occupied by the dogs owner,
(2) The person bitten was wrongfully assaulting
the dog, the dog's keeper or any member of the household,
(3) The dog had not bitten a person before and,
while upon the property of its owner, bi.t a person tres -
passing upon the property who had taunted the dog,
(4) The dog bit the person by accident.
Section 23, Rabies Control; Adoption of State Law,
DRS 433,340 through 433,390, as now or hereafter consti-
tuted, are adopted by reference and made a part of this
ordinance,
Section 24. Notice of Impoundment of Dogs. Whenever
any dog is .impounded under authority of this ordinance,
the chief of police shall give written notice by personal
service or by certified mail upon the owner of such dog,
if such person is known to ,the chief of police or if the
dog is found to be wearing a collar to which is attached
a tag or plate bearing the name and address of the owner.
In all other cases, the chief of police shall cause to be
posted for 5 consecutive days at the city pound a
notice containing a general description of the impounded
dog and designating the date of the expiration and the day
upon which the described dog will be killed unless redeemed
as authorized by this ordinance, For the purpose of such
notice, the description of any dog impounded shall be
deemed sufficient if the notice states the color, sex and
breed, when the marks or markings are plainly enough dis-
tinguishable that the breed can be readily determined,
Section 25. Hearing Upon Demand of Owner. When
. the owner or custodian of any impounded dog files with
Council Bill No. 464
Ordinance No, 1638
Page 5
the chief of police a written notice or demand therefor,
before the expiration of the time provided for the killing
of such dog, such person shall be entitled to a hearing
before the municipal judge upon the question of the right-
ful impounding of such dog. Upon receipt of the notice,
the chief of police shall transmit it to the municipal
judge, who shall proceed to a trial of the question of
the right of the city to impound the dog under the terms
of this ordinance. The municipal judge shall enter judg-
ment sustaining the impounding or directing the release
of the impounded dog, 1f the entry of judgment sustains
the city in the impounding, the chief of police shall
proceed to dispose of the dog in the manner provided by
this ordinance, at any time after the expiration of 5
days from the date of the first impounding, unless the
owner or custodian pays the fee provided for the release
of impounded dogs.
Sectian 26. Redemption by Owner, An impounded dog
may be released to the owner or custodian by the pound
upon payment to the Humane Society of the Willamette valley
of a sum of money as may be set by contract between the
city and the Society.
Section 27. Redemption by Stranger, The Humane
Society of the Willamette Valley is authorized to deliver
to any person any doggy impounded under this ordinance after
the expiration of ~_ days from the impounding and upon
the payment to the Humane Society of the redemption fee
prescribed in Section 26, Such delivery shall be subject
to the claim of the rightful owner of the dog and the
payment by him of the redemption fee paid to the Humane
Society prior to the expiration of 3 days,
The Humane Society, at the time of delivery, shall
take a written receipt from such person acknowledging
that the person holds a dog subject to the claim of the
rightful owner upon the payment of the redemption fee.-
Section 28. Destruction. If the owner or custodian
of a dog impounded under this ordinance does not claim
the dog within the period of 5 days from the date of
the notice provided for in Section 24 and pay the redemp-
tion fee provided for in Section 26, such dog shall be
h~a.~nanely killed ?t the expiration of such period.
Council Bill I~do. 464
ordinance No , 163"8-'-
Page 6
Section 29. Records. The chief of police shall keep
a duplicate record describing all dogs impounded under this
ordinance which shall show the date and time when impounded,
a description by approximate wieght, age, color, sex and
breed when feasible, with the owner or custodian's name,
if the name is known. In the record an entry shall be made
of the disposition made of the dog. The duplicate and all
delivery receipts shall be filed monthly with the city
recorder and be deemed public records of the city,
Section 30. Expenses Paid From and Fees Paid to
General Fund. The expense of caring for dogs impounded
under this ordinance shall be paid out of the general fund
of the city, and all monies paid in redemption fees shall
be credited to the general fund of the city.
Exotic Animals
Section 31. Definitions. For the purposes of Sec-
tions 31 to 38:
(l) "Exotic, wild or dangerous animals" means and
includes any animal which, because of its size, vicious
nature, poisonous bite or sting, or other characteristics,
would constitute a danger to human life or property if
not kept or maintained under the immediate control of the
owner,
(2) "Exotic, wild ar dangerous animal" in eludes,
but is not limited to:
(a} Any cat other than the Felis catus.
(b} Any nonhuman primate.
(c} Any wolf, coyote or other canine not of
the species Canis familiaris,
(d) Any shark, dogfish or similar carnivorous
:fish.
(e) Any piranha fish.
(f) Any poisonous reptile, any crocodilian or
lizard whose average adult length is greater than
two feet, any snake whose average adult length is
greater than six feet or any snapping turtle.
(g) Any bat ,
(h) Any skunk, weasel, badger, fox, mammals: of
the racoon family or wolverine.
(i} Any boar or wild pig.
(j ~ Any ~3ear .
(k) Any kangaroo.
(L) Any eagle, hawk, buzzard or similar predatory
bird.
(m} Any poisonous or stinging insect or arachnid.
Council Bill No. 464
Ordinance rlo. 1638
Page 7
Section 32. Exotic An'
provided in Section 33 to 35,
maintain one or more exotic,
within the city. The keepin
wild or dangerous animal is a
be abated in conformity with
ordinance.
lmals Prohibited. Except as
no person shall keep or
wild or dangerous animals
g or maintenance of an exotic,
public nuisance and shall
the requirements of this
Section 33. Certain Animals Exempt. Subject to any
applicable sections of this ordinance, and any applicable
federal or state law in effect at the time of an alleged
offense, if an animal is not specifically identified as
an exotic, wild or dangerous animal in Section 31, a per-
son may lawfully keep or maintain such animal without an
exotic animal license, subject to the provisions of the
zoning ordinance, if the animal is:
(1} Of the species Felis catus.
(2) Of the species Canis familiaris.
(3} A fish kept in a tank.
(4} A nonpoisonous reptile..
(5) A gerbil, hamster, guinea pig, mouse, rat,
squirrel, chipmunk or similar rodent--like creature kept
in a cage.
(6) An amphibian less than one foot in length such
as a frog, toad, salamander or Chamaeleon.
(7) Livestock, as that term is defined in Section 1.
(8) A rabbit kept in a cage or hutch.
(9) Bees kept in a collection of hives or colonies.
Section 34. Animals_Exempt With a License.
(1) Subject to other applicable sections of this
ordinance and any applicable federal or state law in
effect at the time of an alleged offense, it shall be law-
ful for a person to keep or maintain those animals identi-
fied below, if the person keeping or maintaining such
animal has been issued and has maintained an annual exotic
animal license under the requirements of Section 35.
(2} The following animals are exempt if licensed:
(a} Any nonhuman primate of a species whose
average adult weight is less than 20 pounds.
(b} Any cat not of the species Felis catus,
but of another species whose average adult weight is
less than 20 pounds. However, any such cat with a
prior history of injury to humans or property shall
not be allowed under this section,
(c) Any poisonous or stinging insect or arachnid,
Council Bill No. 464
Ordinance No. 1638
Page 8
Section 35. Exotic Animal Licensing,
(1) The City Recorder... may issue an exotic
animal license for the keeping or maintenance of those
animals identified in Section 34, for a period of one year,
and he may renew the license for subsequent one-year
periods if it is found by the animal control officer, after
inspection of the premises where such animal is to be kept,
that:
(a) The animal is at all times kept or main-
tained in a safe manner and is at all times confined
securely so that keeping the animal will not consti-
tute danger to human life or property.
(b} Adequate safeguards are made to prevent
unauthorized access to the animal by a member of
the public.
(c} The health and well-being of the animal
is not in any way endangered by the manner of keep-
ing or confinement.
(d) The keeping of the animal will not harm
the surrounding neighborhood or disturb the peace
and quiet of the surrounding neighborhood,
(e} The quarters in which the anima], is kept
or confined are adequately lighted and ventilated
and are so constructed that they can be kept in a
clean and sanitary condition,
(f) The keeping of the animal will not create
or cause offensive odors or in any other way consti-
tute a danger to public health.
(g) The applicant for such a license has
proven ability to respond in damages up to, and in-~
eluding, the amount of $100,000 for bodily injury
or death of any person or persons, or for damage
to property owned by any other person which may re-
sult from the keeping or maintenance of such animal.
Such proof of ability to respond in damages may be
given by ,filing with the C~~~~~1'nr ~ ~r
a certif~.cate of a.nsurance, stating that the apple--
cant is at the time of his application, and will be
during the period of his license, insured against
liability for personal and property damages as de-
scribed in this subpart; or by posting a bond with
the City Recorder prior to the issuing
of the exotic animal license and operative to the
time of the license in the amount of $100,000, The
bond or certificate of insurance shah. provide that
no cancellation of insurance or bond will be made
unless 30 days' written notice is first given to the
Cit~r Recorder .
w
Council Bi~.l No. 464
Ordinance No. 1638
Page 9
(2} Prior to the annual renewal of an exotic animal
license, the animal control officer shall inspect the
premises subject to the license to determine if the person
to whom it has been issued is continuing to comply with all
of the conditions specified in this section. In addition,
the animal control officer shall have the authority to in-
spect the premises upon the receipt of any complaint re-
garding the maintenance of such premises or the animals
therein. If the officer determines, during his inspection,
that any of the conditions specified in Subsection 1 of
this section are being violated, he shall refuse to renew
the. license or he shall revoke the license unless the :.
violation is corrected within a period of time as he shall
direct, not to exceed 30 days.
(3) In addition to the requirements of Subsection (l}
of this section, the applicant for an exotic animal license
shall pay to the City Recorder a fee of $50.00
for each adult animal to be kept or maintained on the
premises subject to the license,
(4) No person shall sell or give away any exotic,
wild or dangerous animal to any person not holding an
exotic animal license issued and maintained under this sec-
tion,
(5) In no event shall an exotic animal license be
issued or renewed for the keeping of more than two adult
exotic wild or dangerous animals in any single location.
Section 36, Abatement of Exotic, Wild or Dangerous
Animal Nuisances, The chief of police shall execute any
judgment which may be rendered by the municipal judge after
a hearing as provided in Section 8 in the matter of abating
any nuisance described in Sections 32 and 34. When the
judgment requires the chief of police to abate a nuisance
caused by an exotic, wild or dangerous animal, the animal
shall be seized and confined so that the annoyance com-
plained of will not be continued. The chief of police
shall immediately advertise the animal for sale to the
highest bidder. The purchaser of the animal shall agree
to remove the same from the corporate limits of the city
or to otherwise conform its maintenance to provisions of
this ordinance and any applicable state or federal law
then in effect. The proceeds of the sale shall be applied
by the chief of police as follows:
(l} Ta the payment of any cost which may be incurred
in the municipal. court in the matter of the action for
abatement of the nuisance,
Council Bill No. 464
Ordinance No, ~$
Page 10
(2) To the payment of any cost which the chief of
police may incur in caring for such animal and in selling
the same.
(3) The suplus, if any, shall be delivered by the
chief of police to the owner of the animal.
Section 37. Exceptions to Provisions. The provisions
of Sections 32 to 35 shall not apply to the keeping of ex
otic, wild or dangerous animals in the following cases:
(1) The keeping of such animals in zoos, bona fide
educational ox medical institutions, museums or any other
place where they are kept as live specimens for the public
to view or for the purposes of instruction or study.
(2) The keeping of such animals for exhibition to
the public of such animals by a circus, carnival or other
exhibit or show.
(3) The keeping of such animals in a bona fide,
licensed veterinary hospital for treatment.
Section 38. Institutions. The institutions keeping
or maintaining exotic, wild or dangerous animals in conformity
with Section 37 shall comply with all federal and state
regulations regarding such maintenance.
Section 39. Interference With Officers. It shall be
unlawful for any person to interfere with, molest or harm
any police officer in the prosecution of his duties under
the terms of this ordinance.
Sec Section 40. Penalties. Violation of any provision
of this ordinance constitutes a Class 2 city infraction
and shall be dealt with according to the procedures established
by Ordinance No. 1610 (Civil Infractions).
Section 41. Severability. The sections and subsections
of this ordinance ar se everable. The invalidity of any section
or subsection shall not affect the validity of the remaining
sections and subsections.
Section 42. Repeal. Ordinance No. 1072, enacted
July 23, 1963, as amended by Ordinance No. 1257, enacted
November 3, 1970, and Ordinance No. 1492, enacted September 29,
1975; and Ordinance No. 1482, enacted July 14, 1975, are
are repealed.
Council Bill No. 464
Ordinance No. 1638
Page 11
APPRO VED "
Stan e~
Passed by the council Jul 2 ~
Submitted to the Mayor July 24. 1978 __
Approved by the Mayor July 25, 1978
Filed in the office of the
Recorder July 25, 197$
ATTEST: ~
Barney Bu ris, Recorder
City of Woodburn, Oregon
n4
Council Bill r1o. 464
Ordinance X30. 1638
Page 12
I, BARNBY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1638, one of which said copies posted in the
City Hall on the bulletin board adjacent to the entrance to
the Recorders Office, in full view of the traveling public;
a second one of said copies posted on the Woodburn 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.,
in full view of the traveling public; that all of said places
are public places within the corporate limits of the City
of Woodburn and all of said copies were posted on the
26th day of July , 1978.
,,~ r
4'r•"
Barney Burris, Recorder
City of Woodburn, Oregon