HomeMy WebLinkAboutItem 12 Municipal Code Amendments AGENDA ITEM SUMMARY Meeting Date: 6/15/2020
Meeting Type: Regular Meeting
Staff Contact/Dept.: Brian Austin, ACO
Staff Phone No: 541-726-3729
Estimated Time: 10 Minutes
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Promote and Enhance
our Hometown Feel
while Focusing on
Livability and
Environmental Quality
ITEM TITLE: MUNICIPAL CODE AMENDMENTS – ANIMAL CONTROL UPDATE
ACTION
REQUESTED:
Conduct a First Reading and Public Hearing on the following Ordinance:
AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE
SECTIONS 5.400 THROUGH 5.476 REGARDING THE CONTROL OF DOGS
AND OTHER ANIMALS AND ADOPTING A SEVERABILITY CLAUSE.
ISSUE
STATEMENT:
The Police Department and Animal Control have been encountering situations that
are not clearly defined in the existing municipal code. The Police Department has
proposed updated definitions and provide additional penalty options to align with
the current needs of the City. In addition, the Police Department seeks to update
regulations for beekeeping in response to recent state legislation.
ATTACHMENTS: Attachment 1 – Animal Control Ordinance with Exhibit A Proposed code
Attachment 2 – Animal Related Ordinance Follow Up
DISCUSSION/
FINANCIAL
IMPACT:
In response to Animal Control encountering incidents not fully defined in the
existing animal related municipal code and City Council’s interest in review of the
same, the Animal Control Officer, Brian Austin, and City Attorney’s office propose
updates to select animal related municipal code definitions and codes.
For amendments related to the control of dogs and vicious dogs, municipal codes
from multiple local municipalities, as well as review of National Animal Interest
Alliance (NAIA) standards were reviewed in preparation of the proposed changes.
Changes to the beekeeping requirements are proposed to comply with a directive
from the state in response to the bee crisis. In 2015, the Oregon legislature adopted
House Bill 2653, which requires all local governments to review their beekeeping
regulations and consider whether to adopt new ordinances. The proposed changes
increase the number of hives on residential properties by one hive.
The Council Briefing Memo, Attachment 2, provides follow up information on City
Council inquiries identified during the October 21, 2019 work session.
The proposed changes to the animal related municipal codes are attached as Exhibit
A to the Ordinance. Proposed changes are shown in legislative format.
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CONTROL OF DOGS AND OTHER ANIMALS
5.400 Statement of Purpose.
Sections 5.400 to 5.476 of this code are intended to protect the members of the public from
personal injury and property damage arising from the conduct of dogs and other animals, to abate
nuisances and to reduce risks from hazards. The intent is not only to decrease opportunity for injury to
members of the public or damage to property from bites or attacks, but also to minimize the opportunities
for personal injuries and property damage arising out of dogs and other animals lunging, chasing,
knocking down, stinging, kicking, barking, running at large, and other similar conduct. Sections 5.400 to
5.476 are intended to not only provide the remedies set forth herein, but also intended to encourage civil
enforcement of these community objectives in accordance with the
legal doctrines of statutory tort and negligence per se.
5.402 Definitions.
As used in sections 5.400 to 5.476, the following mean:
Abandoned. Any dog or other animal left without proper food and water for a period of over 24
hours, or any barking dog without supervision for a period of over 24 hours.
Animal, Adult.
(1) Any fowl, poultry or rabbit over the age of six months.
(2) Any horse, cow, llama, sheep, goat, miniature horse, or pygmy goat over the age of one
year.
Animal Control Authority. The animal control enforcement authority appointed by the city. An
animal control officer is an officer of the animal control authority.
Animal Owner. Any person who is the licensed owner of an animal, or who has the right of
property in an animal, or who, without regard to any ownership interest, keeps an animal, harbors an
animal, or who has an animal in said person's care, possession, custody or control. Animal owner does not
include veterinarians or commercial kennel operators temporarily maintaining on their premises for a
period of not less than 30 days animals owned by other persons. Any person except a veterinarian or
commercial kennel operator, who resides where an animal is kept, harbored or cared for, shall be
presumed to be the owner of that animal. This presumption may be rebutted by proof that such person is
not harboring the animal, that the animal is not in that person's care, possession, custody, or control, or
that the person does not knowingly permit the animal to remain on any premises occupied by the person.
At Large. A dog or other animal inside the corporate limits of the city, off the premises of the
keeper, and not under complete control by adequate leash. The definition includes, but is not limited to,
any dog or other animal upon, or capable of reaching, any public right-of-way, except if the dog or other
animal is on a leash in full and complete compliance with sections 5.400 to 5.476. Excepted from this
definition are dogs in obedience or field training exercises under the direct supervision of a handler. A
dog or other animal inside the corporate limits of the city, off the premises of the owner or off the
premises the owner has permission to be upon, and not under complete control by adequate leash. A dog
in an area designated as a dog-off-leash area within a city park is exempted unless the dog causes personal
injury or property damage off the premises of the owner. This exception does not apply to any dog
identified as a vicious dog under section 5.456 or any dog under current bite quarantine under section
5.452.
Barking Dog, Continuous Annoyance. For purposes of violation of SMC Section 5.420;
permitting a barking dog to cause continuous annoyance occurs when a person unreasonably permits a
dog to cause continuous annoyance, alarm or disturbance for more than 105 minutes at any time of day or
night or in intermittent episodes lasting a minimum of 30 minutes, be it repeated barking, whining,
howling or other like sounds which can be heard beyond the boundary of the owner’s property.
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Bees. Honey-producing insects of the genus Apis and includes the adults, eggs, larvae, pupae or
other immature stages thereof, together with such materials as are deposited into hives by their adults,
except honey and beeswax in rendered form, excluding African honey bees.
Cruel Mistreatment. Includes, but is not limited to, intentionally, knowingly or recklessly
overdriving, overloading, overworking, torturing, tormenting, depriving of necessary sustenance, beating,
mutilating, killing, or otherwise inflicting cruelty on a dog or other animal or treating it in a cruel manner.
Cruel Neglect. Includes, but is not limited to, intentionally, knowingly or recklessly failing to
provide an animal with necessary and adequate food and water for a period in excess of 24 hours,
abandoning an animal, depriving an animal of an adequate air supply, failing to provide an animal with
necessary medical and/or veterinary attention, or failing to provide an animal with adequate shelter from
the elements.
Dangerous Animal. Any animal which has the propensity to bite or attack any person or animal
without provocation and the capacity to inflict serious harm on such person or animal. Additionally, any
animal that has injured a human being or animal, on two occasions without provocation is a
dangerous/animal.
Dog. A highly variable, carnivorous, domesticated mammal, probably derived from several wild
species. The term “dog” does not include wolf. The term “dog” includes male or female, of any age, size,
color or breed. Animals declared by the owner to be wolf-dog hybrids will be licensed under dog control
ordinances and all other animal control regulations that would apply to a dog shall apply. With the
exception of sections 5.404, 5.424(2), 5.460, 5.462 and 5.470, police service dogs or K-9 dogs actively
employed by a police agency are exempt from the provisions of sections 5.400 to 5.476.
Dog-off-leash Area. Any area within a city park designated by the Willamalane Park and
Recreation District as an area in which dogs may be allowed to run off leash.
Dog, Adult. Any dog over the age of four months.
Dog Kennel, Commercial. A place of business authorized by the Springfield Development Code
for the commercial care of dogs, including, but not limited to, the boarding, grooming, breeding, training
or selling of dogs. The term is not intended to include an animal hospital.A place of business where dogs
are boarded. No more than two of the dogs shall be used for breeding. The term is not intended to include
an animal hospital. Under Springfield Development Code, a Commercial Dog Kennel is allowed only in
locations zoned Community Commercial Zones with specific site development standards, where noise
and odor cannot disturb neighboring residences and businesses.
Dog Kennel, Non-Commercial. Under Springfield Development Code, Non-Commercial Kennels
are not permitted due to the prohibition in home occupation of boarding, breeding or grooming animals.
Exotic Animals.
(1) Any lion, tiger, leopard, cheetah, ocelot or any other cat not indigenous to Oregon, except
the species Felis catus (domestic cat);
(2) Any monkey, ape, gorilla or other non-human primate;
(3) Any wolf or any canine not indigenous to Oregon, except the species Canis familiaris
(domestic dog); and
(4) Any bear, except the black bear (Ursus americanus).
Farm Animal. Poultry and fowl (domestic birds commonly raised for meat or eggs, such as
chickens, ducks, geese or turkeys), rabbits, bees, horses, cows, llamas, sheep, goats, miniature horses, and
pygmy goats.
Fowl. Any of various birds of the order Galliformes; especially, the common, widely domesticated
chicken.
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Hive. Any receptacle or container made or prepared for use of bees, or box or similar container
taken possession of by bees.
Keeper. Any person, firm, association, entity or corporation who is the licensed keeper of, or who
keeps, or who harbors, or who possesses, or who maintains, or who has custody of, or who exercised
control over any animal (including but not limited to any barking dog, dangerous animal, dog, exotic
animal, farm animal, fowl, livestock, vicious dog, watchdog or wildlife) or who knowingly permits any
such animal to remain on any premises occupied by him or her. Except for purposes of sections 5.418,
5.430, and 5.442, “keeper” does not include licensed veterinarians or commercial kennel operators
temporarily maintaining on their premises, for a period of not more than 30 days, dogs kept by other
persons. Any person, except a licensed veterinarian or commercial kennel operator who resides where any
animal is kept, harbored, or cared for, shall be presumed to be the keeper. This presumption may be
rebutted by proof that the person has no right in the animal, is not the licensed keeper, and is neither
harboring nor caring for the animal.
Leash. Any humane device constructed of rope, leather strap, chain or other sturdy materia l not
exceeding eight feet in length, being held in the hand of person capable of controlling the animal to which
it is attached.
Livestock. Cattle, sheep, horses, miniature horses, goats, pygmy goats, swine, fowl, ratite (such as
ostrich, cassowary, emu, moa, etc.), poultry, and any furbearing animal bred and maintained
commercially or otherwise on property or within pens, cages and hutches.
Miniature Horse. A horse not to exceed 34 inches in height measured at the last hairs of the mane
at the base of the neck.
Neutered Dog. A female dog that has undergone the removal of the ovaries and uterus (ovarian
hysterectomy). A male dog that has undergone the removal of the gonads.
Pygmy Goat. A genetically small, cobby, and compact goat whose body circumference in relation
to height and weight is proportionately greater than other breeds of goats; having a maximum height of
not to exceed 23 inches for a doe (female), 24 inches for a buck (unneutered male), and 27 inches for a
wether (neutered male), with measurement taken at the highest part of the back at the base of the neck
where the shoulder blades almost touch.
Vicious Dog. Any dog that has the unreasonable propensity to bite, attack, lunge at, chase or
knock down a person or animal including domestic or farm animal, without provocation, at a time when
the dog is outside of the dog owner’s control or controlled property and has the capacity to inflict or cause
physical injury to, any person or animal as described above, shall be regarded as vicious. Additionally,
any dog that has bitten a person or domestic or farm animal on two occasions without provocation is a
vicious dog. A dog that has been found to engage in behavior specified in section 5.456.
Control of Dog. Means the dog is fully under the care, supervision and control of the dog’s owner
or handler. This includes being on a leash and totally controlled by the leash holder so that the dog may
not unreasonably interfere with other persons or property.
Controlled Property. Means private or public property in which a dog is located that is completely
secured or fenced in so that the dog may not unreasonably interfere with persons or property. A person’s
keeping of a dog in controlled property pursuant to this section may not otherwise be in violation of any
park regulation, state or city law.Eliminate this definition and include the specific levels of behavior
under 5.456.
Physical Injury. Means an injury that impairs a person’s physical condition or causes substantial
pain.
Serious Physical Injury. Physical injury which creates a substantial risk of death or which causes
serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of
the function of any bodily organ.
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Service Animal. Any dog that is individually trained to do work or perform tasks for the benefit
of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental
disability. Consistent with federal rules implementing the Americans with Disabilities Act, a miniature
horse that has been individually trained to do work or perform tasks for the benefit of the individual with
a disability may also be considered a service animal. The work or tasks performed by a service animal
must be directly related to the handlers’ disability. Examples of work or tasks include, but are not limited
to, assisting individuals who are vision impaired with navigation and other tasks, alerting individuals who
are hearing impaired to the presence of people or sounds, providing non-violent protection or rescue
work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of
allergens, retrieving items such as medicine or the telephone, providing physical support and assistance
with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric
and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime
deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or
companionship do not constitute work or tasks for the purposes of this definition.
Watchdog. A dog confined at a business or commercial establishment within a business or
industrial zone to protect merchandise, inventory or equipment.
Wildlife. Pursuant to ORS 496.004, wildlife includes, but is not limited to, amphibians, antelope,
beaver, black bear, bobcat, cougar, coyote, deer, elk, fisher, marten, mink, moose, mountain goat,
mountain sheep, muskrat, otter, raccoon, reptiles, red fox, silver gray squirrel and gray fox.
Wolf. Wolf but excepting therefrom animals declared by the owner to be wolf-dog hybrids.
Wolf-Dog Hybrid. A canine identified as a wolf-dog hybrid by declaration of the owner.
5.404 Number of Dogs Permitted—Residential Lots.
A maximum number of three adult dogs and their offspring of any number up to the age of four months
may be kept per residential lot. No more than one female dog may be used for breeding purposes at any
one time. The above offense is also punishable as a violation and may include a fine not exceeding
$720.00 pursuant to SMC section 1.205. A maximum number of three adult dogs and their offspring of
any number up to the age of four months may be kept per residential lotdwelling unit. No more than one
female dog may be used for breeding purposes at any one time. A dog is considered a resident of the
location after being there continuously for 30 days or for more than 60 days in a 90 day period. The above
offense is also punishable as a violation and may include a fine not exceeding $720.00 pursuant to SMC
section 1.205.
Lot Size and Numbers of Farm Animals Permitted
5.406 General.
(1) Keeping farm animals within the city limits shall be permitted on property zoned Low
Density Residential (LDR) district only.
(2) All persons keeping farm animals shall reside on or be adjacent to the property on which
the animals are kept.
(3) The number of animals permitted on a given property shall not be calculated separately by
type, e.g., two chickens and two rabbits would equal four animals.
(4) The offenses specified in subsections (1), (2) and (3) are also punishable as a violation and
may include a fine not exceeding $720.00 pursuant to SMC section 1.205.
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5.408 Fowl and Poultry.
(1) The keeping of fowl and poultry shall be limited to the following:
# of Adult Animals Minimum Lot Size
1-4 None
5 10,000 square feet
6 or more +1,000 square feet/each animal
(2) The number of permitted young shall be limited to three times the number of permitted
adult animals.
(3) Roosters over the age of six months are not permitted.
(4) The offenses specified in subsections (1), (2) and (3) are also punishable as a violation and
may include a fine not exceeding $720.00 pursuant to SMC section 1.205.
5.410 Rabbits.
(1) The keeping of rabbits shall be limited to the following:
# of Adult Animals Minimum Lot Size
1-4 None
5 10,000 square feet
6 or more +1,000 square feet/each animal
(2) The number of permitted young shall be limited to three times the number of permitted
adult animals.
(3) The offenses specified in subsections (1) and (2) are also punishable as a violation and
may include a fine not exceeding $720.00 pursuant to SMC section 1.205.
5.412 Bees.
The keeping of bees shall be limited to the following:
(1) Keeping of bees within the city limits shall be permitted on property zoned Low Density
Residential (LDR) district only.
# of Hives Minimum Lot Size
1 10,000 square feetNone
2 or more +2,500 square feet/each hive10,000 square feet
3 or more +2,500 square feet/each hive
(2) Standards. Bees kept at any residence, community garden, or on any premises owned by
a school or religious organization shall be subject to the following conditions:
(a) Hives shall comply with the setback requirements of the zone in which they are
located. Where a main building is located on a property, hives shall be located in the side or rear
yard.
(b) If a hive is located within 25 feet of a property line, either:
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(i) A flyaway barrier at least six feet in height shall be maintained parallel to
the property line for a minimum of ten feet in either direction of the hive. The flyaway
barrier shall consist of a wall, fence, dense vegetation or a combination thereof; or
(ii) The hive shall be elevated a minimum of ten feet above ground level.
(c) A constant supply of water shall be provided for the bees within 15 feet of each
hive on the property where the bees are located; and
(d) Each beekeeper shall ensure that no bee comb or wax is left upon the property
grounds to prevent robbing from other bees and attracting predators.
(e) Hives shall be maintained in a condition such that the bees do not produce noise
or odor that creates a nuisance for adjacent properties.
(3) Bees not in compliance deemed nuisance. Bees not kept in compliance with this section
shall be deemed a public nuisance. If the owner or keeper has not rectified the conditions by the date
provided in any notice provided, the City may abate the nuisance as provided in this code.
(4) Violation. Except as otherwise provided in this code, it shall be unlawful to keep bees in
a manner that does not comply with the provisions of this section. The aboveThis offense is also
punishable as a violation and may include a fine not exceeding $720.00 pursuant to SMC section
1.205.the following:
(a) $120.00 for the first violation;
(b) $250.00 for the second violation; and
(c) $500.00 for the third and each subsequent violation, and the violator shall be
prohibited from keeping bees for ten years.
5.414 Horses, Cows, Llamas, Sheep, Goats, Miniature Horses, and Pygmy Goats.
(1) The keeping of horses, cows, llamas, sheep and goats shall be limited to the following:
# of Adult Animals Minimum Lot Size
1 20,000 square feet
2 or more +20,000 square feet/ each animal
(2) The keeping of miniature horses, ratites and pygmy goats shall be limited to the following:
# of Adult Animals Minimum Lot Size
Not to exceed 2 20,000 square feet
3 or more +10,000 square feet/ each animal
(3) The number of permitted young shall be limited to two times the number of permitted
adult animals.
(4) At least 75 percent of the lot area shall be accessible to the animal without violation to the
required yard setbacks.
(5) The offenses specified in subsections (1), (2), (3) and (4) of this section are punishable as
a violation and may include a fine not exceeding $720.00 pursuant to SMC section 1.205.
5.416 Pigs.
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(1) Except as hereinafter provided in subsection (2), no pigs shall be permitted inside the city
limits. The above offense is also punishable as a violation and may include a fine not exceeding $720.00
pursuant to SMC section 1.205.
(2) The having or keeping of swine commonly referred to as Miniature Vietnamese, Chinese,
or Oriental Pot-Bellied Pigs (sus scrofa vittatus) is allowed subject to the following:
(a) If the pig is spayed or neutered, its maximum height is no greater than 18 inches at
the shoulder and weighs no more than 95 pounds.
(b) The owner or keeper obtains a certificate from a veterinarian certifying the pig is
spayed or neutered and a license in accordance with Springfield Municipal Code section 5.426, from
the city of Springfield.
(c) No pig keeper shall permit a pig to be “at large” as defined in SMC section 5.402.
(d) No more than one pig shall be kept at any one address.
(e) Prior to the issuance of a license, the keeper shall submit a written statement signed
by an individual or veterinarian with the name, address, and telephone number of that individual
residing or veterinarian with an office within 20 miles of Springfield stating the individual or
veterinarian has agreed to retrieve the pig from the police and secure the pig in the event the pig is
found to be at large and the keeper is unavailable. The keeper shall also be responsible for all costs
associated with, or arising out of, the capture and holding of a pig found to be at large.
(f) The pig keeper shall trim and maintain all tusks in a manner that no tusk appears
outside of the mouth of the pig when the mouth is closed.
General Regulations
5.418 Dogs and Other Animals At Large Prohibited.
(1) No dog keeper shall permit a dog to be at large.
(2) Except for bees and cats, it shall be unlawful for the keeper of farm animals to allow these
animals to run at large or be upon the premises of any other person, a public sidewalk or street.
(3) The offenses specified in subsections (1) and (2) of this section are punishable as a
violation and may include a fine not exceeding $720.00 pursuant to SMC section 1.205.
5.420 Barking Dogs/Continuous Annoyance.
No person shall unreasonably permit a dog to cause continuous annoyance as defined in section 5.402.
The above offense is also punishable as a violation and may include a fine not exceeding $720.00
pursuant to SMC section 1.205.
5.422 Dog and Horse Waste Matter.
(1) No dog keeper shall allow the dog to deposit dog feces on any improved property other
than that of the dog keeper. It shall be a defense to this section if the dog keeper immediately removes the
feces.
(2) No horse keeper shall allow the horse to deposit horse feces on any improved property
other than that of the horse keeper. It shall be a defense to this section if the horse keeper immediately
removes the feces.
(3) The offenses specified in subsections (1) and (2) of this section are punishable as a
violation and may include a fine not exceeding $720.00 pursuant to SMC section 1.205.
5.424 Sanitation.
(1) All farm animals shall be properly caged or housed and proper sanitation shall be
maintained. All food shall be stored in metal or other rodent-proof receptacles.
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(2) All structures designed to house farm animals and farm animal pens and runs shall be
located in the rear portion of the yard no closer than 40 feet from the front property line or 20 feet from
any interior property lines.
(3) The city and/or animal control authority shall have the right at any time to inspect the
premises where farm animals are kept. Owners or occupiers of premises not in compliance with this
section shall be notified in writing by the city to correct any deficiencies. If within one week of receiving
the notice, the owner or occupier shall fail to correct the deficiencies listed, the city shall declare the
premises to be a nuisance and the same to be abated.
(4) The offenses specified in subsections (1), (2) and (3) of this section are punishable as a
violation and may include a fine not exceeding $720.00 pursuant to SMC section 1.205.
5.426 Licenses, Fees and Exceptions.
(1) Dog Licenses.
(a) Every keeper of a dog or wolf-dog hybrid that has a set of permanent canine teeth or
has attained the age of six months, whichever event occurs first, shall immediately obtain a license
for the dog.
(b) Licenses shall be valid for one year from the date of issuance or until the sale or gift
of the dog, whichever first occurs.
(c) No license shall be issued until a certificate of vaccination for rabies, valid for the
license year, is presented to the animal control authority; provided however, the requirement for a
certificate of vaccination for rabies shall not apply to wolf-dog hybrids. In the event that a rabies
vaccine becomes licensed for use in wolf-dog hybrids, this exemption will be withdrawn.
(d) Dog keepers shall renew the dog license before it becomes delinquent for as long as
they keep or harbor the dog.
(e) A license tag issued to a dog keeper shall be attached securely to a collar or harness
on the dog for which it was issuedthat shall be worn at all times when off the premises of the owner.
If a license tag is lost, the keeper may obtain a duplicate license tag upon satisfactory proof of loss
and payment of the required fee.
(2) Commercial Kennel License.
(a) No person shall operate a commercial kennel without a commercial kennel license.
Kennel licenses shall be valid for one year from the date of issuance.
(b) Kennel licenses are in lieu of individual dog licenses. Dogs licensed under this
section must at all times be confined to the kennel premises.
(c) No kennel license will be issued under this section to anyone not in conformance
with applicable zoning statutes and ordinances.
(d) The following provisions shall govern revocation of kennel licenses:
(i) Three or more violations of this code within a period of 12 calendar months
shall result in revocation of licenses granted under this section.
(ii) Revocation may occur after the licensee has been mailed a notice of a time to
appear at a hearing at least five days in advance of the hearing. The notice shall include a
general statement of the reasons for commencing the revocation proceedings.
(3) Fees. Dog license fees are due and payable upon the issuance of licenses. Fees shall be
determined by council resolution. The types of licenses/fees required to be paid under the provisions of
this code shall be as follows:
(a) Dog License Fee—General.
(b) Dog License Fee—Neutered. Dog keepers applying for this reduced fee must present
a certificate from a licensed veterinarian stating that the dog to be licensed has been neutered.
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(c) Dog License Fee—Keepers, 60 Years of Age or Older. Dog owners applying for this
reduced fee must present proper proof of age as well as proof of rabies vaccination for the dog to be
licensed.
(d) Duplicate License.
(e) Commercial Kennel.
(f) Impoundment.
(g) Daily Care.
(h) Watchdog.
(i) Permits.
(4) License Fees—Exceptions.
(a) No license fee shall be required for a guide/service dog that is trained to provide
services to a visually impaired and/or physically challenged person. A license shall be issued for the
dog upon proper proof of rabies vaccination and upon filing of a statement by the impaired person
showing the dog to come within this exemption. The statement shall be filed with the animal control
authority.
(b) After application upon a form to be provided by the animal control authority, a
permit may be issued to the licensed business to use that dog as a watchdog. The fee for the permit
shall be in addition to the individual dog license fee.
(5) The offenses specified in subsections (1), (2), (3) and (4) of this section are punishable as
a violation and may include a fine not exceeding $720.00 pursuant to SMC section 1.205.
(6) License Vietnamese Pig.
(a) Every keeper of a Vietnamese Pig as set forth in section 5.416 shall obtain a license
for the pig. In order to obtain the license, the owner or keeper shall submit to the city the
veterinarian’s certificate specified in section 5.416(2)(b). The license fee shall be the same as a
license fee for a dog as specified in subsection (3).
(b) Licenses shall be valid for one year from the date of issuance or until the sale or gift
of the pig, whichever first occurs.
(c) Pig keepers shall renew the pig license before it becomes delinquent for as long as
they keep or harbor the pig.
(d) A license tag issued to a pig keeper shall be attached securely to a collar or harness of
the pig for which it was issued. In addition to a collar or license, a microchip identification shall be
utilized. If a license tag is lost, the keeper may obtain a duplicate license tag upon satisfactory proof
of loss and payment of the required fee.
(e) Failure to comply with any term or requirement of section 5.416 or this section by a
pig keeper is punishable as a violation and may include a fine not exceeding $720.00 pursuant to
SMC section 1.205.
(f) In the event that the keeper or the individual designated in section 5.416(2)(e) is
unavailable and short term housing for the pig is required, the keeper shall be responsible for such
short term housing and food costs and shall reimburse the city or city’s designee for all costs
expended.
5.428 Uses of Watchdogs.
Any business using a watchdog must conspicuously post the premises to warn the public of the
watchdog. The dog must not be allowed access to the public on the property during business hours. If the
dog is used outside of a building, the property must be fenced in a way to prohibit the dog access to any
public right-of-way. Failure to comply with this section is also punishable as a violation and may include
a fine not exceeding $720.00 pursuant to SMC section 1.205.
5.430 Abandoned Dogs and Other Animals.
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No dog or animal keeper shall permit the dog or other animal to be abandoned. Any peace officer or
animal control officer may:
(1) Provide food and water to abandoned dogs or other animals. The dog or other animal
keeper shall pay for such services.
(2) Impound any abandoned dog or other animal. As soon as practical, notice of impoundment
under this section shall be posted at the house or be mailed to the keeper, or if the keeper is unknown, to
the address at which the dog or other animal was found and impounded.
(3) If a person exercised control over a stray animal, the person shall turn the animal over to
the animal control authority, unless the person notifies the animal control authority of the description of
the animal, the address where the animal is being kept, and agrees to retain possession of the animal for
three days after notification.
(4) The offenses specified in subsections (1), (2) and (3) of this section are punishable as a
violation and may include a fine not exceeding $720.00 pursuant to SMC section 1.205.
5.432 Sick or Injured Dogs.
(1) Any peace officer or animal control officer may humanely destroy any dog too severely
injured to be moved and not on the property of its keeper, when the keeper is either unknown or cannot be
reached after reasonable effort.
(2) Any sick or injured dog found by a peace officer or animal control officer off the premises
of its keeper may be delivered to its keeper. If the keeper is either unknown or cannot be reached after
reasonable efforts, the dog may be delivered by the animal control authority to a veterinarian for medical
treatment. Upon delivery to a veterinarian, the following procedures shall apply:
(a) When the dog is unlicensed and the keeper is unknown, the veterinarian shall
determine whether the dog is so severely injured or incurably crippled that the humane thing to do
would be to destroy the dog. If a determination is made to destroy the dog, the dog may be destroyed
immediately. If the veterinarian determines instead that the dog should be given treatment, the
treatment may be given, provided, however, the dog may be destroyed if unclaimed by its keepers
within 72 hours after being delivered to the veterinarian.. Following treatment, the dog may be
impounded according to SMC section 5.442.
(b) When the dog is licensed or the keeper is known and cannot be reached, the
veterinarian shall determine whether the dog is so severely injured or incurably crippled that the
humane thing to do would be to destroy the dog. If a determination is made to destroy the dog, the
dog may be destroyed immediately. If the veterinarian determines instead that the dog should be
given treatment, the treatment may be given; provided however, that the dog may be destroyed if
unclaimed by its keeper within 120 hours after being delivered to the veterinarian. Following
treatment, the dog may be impounded according to SMC section 5.442.
(3) Arrangements for fees, selection of veterinarians, liability of veterinarians, etc., shall be
determined by separate contracts between the animal control authority and individual veterinarians.
(4) The keeper shall pay for all medical expenses incurred in accordance with this section.
5.434 Sick or Injured Animals.
(1) Any peace officer or animal control officer may humanely destroy any animal too severely
injured to be moved and not on the property of its keeper, when the keeper is either unknown or cannot be
reached after reasonable attempts to do so.
(2) Any sick or injured animal found by a peace officer or animal control officer off the
premises of its keeper may be delivered to its keeper if it is feasible to do so. Any animal for which the
keeper is either unknown or cannot be reached after reasonable attempts to do so may be delivered by the
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animal regulation authority to a veterinarian for medical treatment if the animal control authority
reasonably believes that such treatment is necessary. The veterinarian shall determine whether the animal
is so severely injured or incurably crippled that the humane thing to do would be to destroy the animal. If
the determination is made to destroy the animal, the animal may be destroyed immediately. If the
veterinarian determines treatment should be given, the treatment may be given; provided, however, the
animal may be destroyed if not claimed by its keeper within 72 hours after being delivered to the
veterinarian.
(3) Arrangements for fees, selection of veterinarians, liability of veterinarians, etc., shall be
determined by separate contracts between the animal control authority and individual veterinarians.
(4) The keeper shall pay for all medical expenses incurred in accordance with this section.
5.440 Impoundment of Dogs and Other Animals.
(1) Any peace officer or animal control officer may impound a dog or other animal that is in
violation of this code.
(2) The animal control authority shall impound a dog if the keeper of the dog has not posted
bail or paid a fine for a violation of this code imposed by the municipal judge. For any dog so seized, the
notice and disposition of the dog shall be in the same manner as for licensed dogs under the provisions of
this code.
(3) Any person whose property has been trespassed upon by any dog or other animal in
violation of this code may apprehend that dog or other animal upon the person’s premises. The person
may hold the dog or other animal or deliver it to the city’s designated impoundment facility. Any person
who so impounds a dog or other animal must immediately notify the animal control authority of such
impoundment.
(4) If an animal control officer or a peace officer has probable cause to believe that any
animal that is in an unoccupied motor vehicle may be in danger of dying, the officer may enter the motor
vehicle and impound the animal and leave a notice in the vehicle where the animal may be reclaimed.
5.442 Impounding Regulations and Disposition of Impounded Dogs.
(1) Unless claimed by its keeper, a dog impounded under this code will be impounded at least
three (3) days if the dog is without a license or identification tag and for at least five (5) days if it has a
license or identification tag following reasonable notification as provided in this section. A reasonable
effort will be made to notify the keeper of a dog before a dog is removed from impoundment, including
by not limited to notification by public posting, telephone contact, or mailing of impoundment notice. If
no keeper appears to redeem a dog within the allotted time, the dog may be killed in a humane manner or
sold or released to a responsible person upon receiving assurance that the person will properly care for the
dog. The animal control authority shall keep any dog impounded for the period of time hereinafter
specified. The animal control authority shall dispose of such dogs in accordance with the following
provisions:
(a) An unlicensed dog or a dog that the keeper is unknown which has not been redeemed
within 72 hours after impoundment may be sold or destroyed.
(b) A licensed dog or a dog for which the keeper is known which has not been redeemed
within 120 hours of notification of the owner by telephone contact or by mailing of impoundment notice
may be sold or destroyed.
(2) Except as provided in subsection (1)(a), the animal control authority shall notify the
keeper by telephone or by the mailing of an impoundment notice as soon as practicable after
impoundment. The impoundment notice shall advise the keeper of the place where the dog is kept, the
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procedures required for the redemption of the dog, the fees for the impoundment, daily care and
redemption, the consequences of failure to redeem the dog.
(3) A dog keeper whose dog is impounded as a vicious dog under section 5.456, or stock
molestation under section 5.448, within the period described in subsection (1)(a) or (1)(b), whichever is
applicable, may apply to the municipal judge for the release of the dog within three (3) days of
impoundment for a dog without a license or identification tag or within five (5) days if it has a license or
identification tag. , and the The municipal judge shall set a time and place for hearing the application and
notify the impounding officer. Upon a summary hearing, the municipal judge shall determine whether the
dog has been wrongfully impounded and whether it shall be returned to its keeper, and upon what terms.
(4) In addition to, and notwithstanding any other provision of sections 5.400 to 5.476, upon a
showing made by affidavit that there is probable cause to believe that a dangerous animal has been
exposed to the public in violation of code section 5.450(2), or that a person keeps a vicious dog in
violation of code section 5.456(1), a judge may issue an order requiring the keeper to appear at a time set
by the court and show cause why the animal should not be destroyed. The order may be served upon the
keeper by any method authorized by the Oregon Rules of Civil Procedure (ORCP) for services of
summons. The court may further order the dangerous animal or vicious dog be impounded by the animal
control officer or any peace officer and held pending conclusion of the show cause hearing in a veterinary
hospital, the Greenhill Humane Society, a kennel approved by either the appropriate county or state health
agency or the animal control authority. If a preponderance of the evidence at the show cause hearing
supports a finding that either sections 5.448, 5.450(2) or section 5.456(1) has been violated, the court
may:
(a) Order the dangerous animal or vicious dog be destroyed; and
(b) Require the keeper to pay the costs of impounding, holding and destroying the
dangerous animal or vicious dog.
5.446 Impoundment—Redemption and Sale.
(1) Redemption of impounded dogs or other animals shall be made by exhibiting satisfactory
proof that the person is the keeper, and by paying the following required fees and charges:
(a) Impoundment fee;
(b) Daily care fee;
(c) License and rabies vaccination fees, if required;
(d) Medical care fees, if required.
(2) Subject to the other requirements of this code, impounded dogs and other animals may be
sold.
(3) When a dog or other animal is sold to a Springfield resident by the animal control
authority, the purchaser shall pay any required license and rabies vaccination fees.
(4) No impoundment charge shall be made for dogs or other animals released after the
municipal court’s determination that no violation occurred.
(5) No live dog or other animal shall be sold to any person or entity for surgical or medical
demonstration or vivisection.
(6) Except as otherwise provided, if after 120 hours an impounded dog or other animal cannot
be sold, the dog or other animal may be destroyed by any humane method permitted under state law.
5.448 Killing and Chasing of Livestock.
(1) No dog or other animal keeper shall permit the dog or other animal to chase, kill, wound
or injure livestock not belonging to the dog keeper while off the premises owned or under the control of
the dog keeper.
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(2) If any dog not under the control of any person is found chasing livestock on property other
than that of its keeper, it shall be deemed prima facie as engaged in killing, wounding or injuring
livestock.
(3) No person shall own any dog with knowledge that it has killed or wounded livestock.
(4) No keeper shall permit a dog to be at large and to chase livestock not belonging to the dog
keeper.
(5) A dog found to be in violation of this section may be impounded and disposed of in
accordance with section 5.442.
(6) Violation of this section is punishable as a Class C misdemeanor pursuant to SMC section
1.205.
5.450 Dangerous Animals.
(1) No person, firm, association, or corporation who is the keeper of a dangerous animal, or
who has a right of property in, or who harbors, has in his care, possession, custody or control a dangerous
animal, shall allow a dangerous animal to be exposed to the public.
(2) A dangerous animal that has been exposed to the public may be impounded by a peace
officer or animal control officer and disposed of in accordance with the provisions of this code for the
impoundment and disposition of dogs. Before a dangerous animal is released, the municipal judge must
enter findings stating that proper precautions will be taken to insure the public health and safety.
(3) A dangerous animal running at large, that, because of its disposition or diseased condition,
is too hazardous to apprehend may be destroyed by a peace officer, animal control officer, or by a person
acting in defense of the person, the person’s family, another person, or another dog or animal.
(4) Violation of this section is punishable as a Class C misdemeanor pursuant to SMC section
1.205.
5.452 Reporting of Biting Dogs or Other Animals.
(1) The keeper of a dog or other animal that bites a human being shall immediately notify the
animal control authority of such bite, the time and circumstances of the bite and name and address of the
person bitten, if known.
(2) Any person who is bitten by a dog or other animal shall immediately notify the animal
control authority of such bite giving the description of the dog or other animal, the time and
circumstances of the bite and the name and address of the keeper, if known.
(3) When a doctor, veterinarian, hospital employee, or other person has information that a
person has been bitten by a dog or other animal, such person shall immediately notify the animal control
authority.
(1) The keeper of a dog or other animal that bites a human being shall immediately notify the
Lane County Health authority of such bite, the time and circumstances of the bite and name and address
of the person bitten, if known.
(2) Any person who is bitten by a dog or other animal shall immediately notify the Lane
County Health authority of such bite giving the description of the dog or other animal, the time and
circumstances of the bite and the name and address of the keeper, if known.
(3) When a doctor, veterinarian, hospital employee, or other person has information that a
person has been bitten by a dog or other animal, such person shall immediately notify the Lane County
Health authority.
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(4) When a bite incident is also potentially a Vicious Dog incident which falls under the
circumstances in Code 5.456, Lane County Health will be notified immediately and a report will also be
taken by SPD. The incident will be investigated under the provisions in SMC section 5.456.
5.454 Biting and Rabid Dogs and Other Animals—Quarantine.
(1) When either the animal control authority or the appropriate county or state public health
agency has grounds to suspect that a dog or other animal is infected with the disease of rabies, there shall
be delivered to the keeper of the dog or other animal, a written notice. The biting of any person by a dog
or other animal shall constitute adequate grounds for suspecting the dog or other animal to be so infected.
The keeper shall thereupon be required to quarantine the dog or other animal for 10 days. The delivery of
the notice to a member of the keeper’s family 15 years of age or older at the premises where the dog or
other animal is kept or at the keeper’s usual place of residence shall be considered a delivery of the notice
to the keeper. Any dog or other animal required to be quarantined shall be confined as follows:
(a) On the keeper’s premises in such a manner as to prevent it from being in contact with
any other animal or person; or
(b) At the keeper’s expense in a veterinary hospital, the Greenhill Humane Society, or a
kennel approved by either the appropriate county or state health agency or the animal control
authority.
(2) Any animal that has been bitten by a dog or other animal proved to be rabid shall be
destroyed.
(3) If a dog or other animal exhibits symptoms of rabies while it is under quarantine, the
appropriate county or state health agency may dispose of the dog or other animal in accordance with its
regulations.
(4) Notwithstanding the 10-day period specified in subsection (1) of this section, if a wolf-
dog hybrid bites a person or is exposed to a rabid animal the appropriate county or state health agency
may dispose of the wolf-dog hybrid in accordance with its regulations.
5.456 Vicious Dogs.
(1) No person shall own a vicious dog that is located within the city limits.
(a) Exception to Vicious Dog Classifications. No dog shall be classified as vicious if the
behavior in question was directed against a trespasser that has illegally entered any premises.
(b) Identification/Determination of Vicious Dog. The Springfield Municipal Court may
also determine if a dog is a “vicious dog” based upon information that includes observation of a
dog’s unreasonable behavior, non-specific to the breed, witnessed by: any Springfield animal
control officer, Springfield police officer, other Springfield public safety officer or by an individual
who personally observes the animal’s behavior and based upon any other relevant evidence as to the
dog’s unreasonable propensity to be vicious. Unreasonable dog behavior means unreasonable
propensity to be vicious.
(2) A vicious dog may be impounded by any peace officer or animal control officer and
disposed of in accordance with the provisions of this code for the impoundment and disposition of dogs.
(3) A vicious dog running at large that because of its disposition or diseased condition is too
hazardous to apprehend, may be destroyed by a peace officer, animal control officer, or by a person acting
in defense of the person, the person’s family, another person, or another dog or animal.
(4) Violation of this section is punishable as a Class C misdemeanor pursuant to SMC section
1.205.
(1) The purpose of this section is to establish a procedure whereby dogs that pose a
reasonably significant threat of causing serious injury to humans, domestic animals or livestock or
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property are identified and subjected to appropriate consequences and precautionary restrictions to
prevent initial or additional injuries.
(2) No person shall own or be the keeper of a dog in city limits which is found to engage in
the following behaviors:
(a) Level 1 behavior is established if a dog at large is found to menace, chase,
display threatening or aggressive behavior or otherwise threatens or endangers the safety of any
domestic animal or livestock.
(b) Level 2 behavior is established if a dog at large is found to menace, chase,
display threatening or aggressive behavior or otherwise threaten or endanger the safety of any
person or service animal.
(c) Level 3 behavior is established if a dog, while at large, bites or causes physical
injury to any domestic animal or livestock.
(d) Level 4 behavior is established if a dog, whether or not confined, without
substantial provocation, bites or causes physical injury to any person or service animal, or while
at large, causes serious physical injury to any domestic animal.
(e) Level 5 behavior is established if:
1. A dog, whether or not confined, causes the serious injury or death of any
person or service animal without substantial provocation; or
2. A dog, while at large, kills any domestic animal; or
3. A dog, while at large, kills any livestock; or
4. A dog engages in or is found to have been trained to engage in
exhibitions of fighting; or
5. A dog that has been previously classified at Level 3, 4 or 5 under Section
5.456 engages in any behavior described in subsection 5.456(2)(c), (d) or (e)
after the owner or keeper has been previously convicted under 5.456(2)(c), (d) or
(e).
(3) Notwithstanding subsection 5.456(2), the Animal Control Officer shall have discretion to
refrain from classifying a dog as Vicious even if the dog has engaged in the behaviors specified in
subsection 5.456(2) if the Animal Control Officer determines that the behavior was a result of the victim
abusing or tormenting the dog or other extenuating circumstances.
(4) No dog shall be classified as Vicious if the behavior in question was directed against a
trespasser on the property of a business which owns a licensed watchdog, providing the owner or keeper
has complied with section 5.428.
(5) No dog shall be classified as Vicious if the behavior in question was directed against a
trespasser that has illegally entered any residence or premises.
(6) Upon conviction under 5.456(1), the dog owner or keeper will comply with any
disposition of the dog or confinement regulations set forth by the judge or in agreement with the City
Prosecutor or Animal Control Officer. Failure to do so will be deemed a violation of 5.470 or may result
in revocation of any diversion or probationary agreement.
(7) Associated Penalties.
1. Level 1 Vicious Behavior is punishable by a Class C Violation and may include a
fine not exceeding $720.00 pursuant to SMC section 1.205.
2. Level 2 Behavior is punishable by a Class B Violation and may include a fine not
exceeding $720.00 pursuant to SMC section 1.205.
3. Level 3 Behavior is punishable by a Class A Violation and may include a fine not
exceeding $720.00 pursuant to SMC section 1.205.
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4. Level 4 Behavior is punishable as a Class C misdemeanor pursuant to SMC
section 1.205.
5. Level 5 Behavior is punishable as a Class B misdemeanor pursuant to SMC
section 1.205.
5.458 Dead Dogs and Other Animals—Removal of Carcasses.
No person shall knowingly permit a dog or other animal carcass owned by him or her to remain on public
property, or to be exposed on private property, for more than 24 hours. The above offense is also
punishable as a violation and may include a fine not exceeding $720.00 pursuant to SMC section 1.205.
5.460 Cruelty to Dogs or Other Animals.
No person shall:
(1) Subject a dog, farm animal or other animal to cruel mistreatment or cruel neglect; or
(2) Kill without legal privilege any dog, farm animal or other domesticated animal.
Violation of this section is punishable as a Class C misdemeanor pursuant to SMC section 1.205.
5.462 Poison.
No person shall place any poison where the poison is likely to harm any person, dog, farm animal or
other animal. The violation of this section is punishable as a
Class C misdemeanor pursuant to SMC section 1.205.
5.464 Non-Game Birds.
No person shall discharge any firearm or other similar device or to throw any missile at any non-
game bird with the intent to injure or kill the non-game bird. The violation of this section is punishable as
a Class C misdemeanor pursuant to SMC section 1.205.
5.466 Regulating the Sale of Certain Fowl, Poultry and Farm Animals.
(1) No baby chick, duckling, gosling or rabbit that has been dyed or otherwise colored
artificially may be sold or offered for sale, raffled, offered or given as a prize, premium or advertising
device; or displayed in any store, shop, carnival, or other public place.
(2) Baby chicks, ducklings, goslings, and rabbits younger than four weeks of age may not be
sold or offered for sale, raffled, or offered or given as a prize, premium, or advertising device, in
quantities of less than 12 to a person.
(3) Stores, shops, vendors, and others offering baby chicks, ducklings, goslings or rabbits for
sale, raffle, as a prize, premium, or for advertising purposes, or displaying these fowl or rabbits to the
public, shall provide and operate brooders or other heating devices that may be necessary to maintain
these fowl or rabbits in good health, and shall keep adequate food and water available to these fowl and
rabbits at all times.
(4) The offenses specified in subsections (1), (2) and (3) of this section are punishable as a
violation and may include a fine not exceeding $720.00 pursuant to SMC section 1.205.
5.468 Entry onto Private Land.
(1) Any animal control officer or any peace officer may enter onto private property,
including any building or dwelling, at all reasonable times with permission of the property owner or
occupant, in the course of the officer’s duties in enforcing the provisions of this code, but the officer shall
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not enter into any building or dwelling without legal authorization or permission of the owner or occupant
of the premises.
(2) When permission is not given by the property owner or occupant to enter onto private
property, the animal control officer or peace officer may obtain a warrant based on probable cause that a
violation of this code exists, except that a warrant is not needed in cases of emergency or exigent
circumstance.
5.470 Failure to Surrender Dog.
Failure Any person who fails to surrender a dog to a person identifiable as an animal control
officer or a peace officer upon a lawful demand, so the dog can be impounded for the purpose of
impoundment as provided for in sections 5.442 and 5.448 is in a violation of this code. The above offense
is also punishable as a violation and may include a fine not exceeding $720.00 pursuant to SMC section
1.205.
5.472 Resisting an Animal Control Officer or Peace Officer.
(1) If a person intentionally resists someone known by him or her to be an animal control
officer or a peace officer implementing this code, that person is in violation of this code.
(2) “Resists” as used in this chapter means the use or threatened use of violence, physical
force or any other means that creates a substantial risk of physical injury to any person.
5.473 False Reports.
The initiation of a false report or providing an unsworn falsification to an animal control officer.
(1) A person commits the offense of initiating a false report to an animal services officer if a
person contacts animal services agency in person, by telephone, in writing, by facsimile or other means
and reports a violation of this animal services code that the reporting person knows to be false; or
(2) A person commits the offense of unsworn falsification to an animal services officer if they
knowingly or with reckless disregard make a false statement of material fact or law, or willfully misleads,
misinforms, threatens, or deceives an animal services officer concerning any material and relevant matter
relating to a citation, case, call for service or incident.
The offenses specified in subsections (1) and (2) of this section are punishable as a violation and
may include a fine not exceeding $720.00 pursuant to section 1.205.
5.474 Enforcement.
(1) Any peace officer or animal control officer appointed by the city is hereby empowered to
enforce the provisions of sections 5.400 to 5.476.
(2) In addition to any other authority provided to any animal control officer or any peace
officer pursuant to sections 5.400 to 5.476, any animal control officer or any peace officer may impound:
(a) Any animal in violation of sections 5.400 to 5.476; and
(b) Any animal for which the keeper is issued a citation for violating any provision of
sections 5.400 to 5.476.
(3) The city attorney’s office and the city prosecutor’s office shall enforce sections 5.400 to
5.476 in accordance with section 1.205 of this code and are also authorized to seek and obtain injunctions
to halt conduct in violation of sections 5.400 to 5.476.
5.476 Wildlife and Exotic Animals.
(1) No person shall keep any wildlife that is located within the city limits.
(2) No person shall keep any exotic animal which is located within the city limits.
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(3) The provisions of subsections (1) and (2) shall not apply to wildlife and exotic animals in
a humane environment under trained supervision for which a permit has been issued for a carnival, circus,
or special event.
(4) The provisions of subsections (1) and (2) shall not apply to wildlife and exotic animals in
a humane environment located in facilities of School District #19 or private businesses for the sale of pets
which comply with all applicable federal, state, and local regulations regarding the possession, sale,
housing, and inoculations for such wildlife and exotic animals.
(5) The offenses specified in subsections (1), (2), (3) and (4) of this section are punishable as
a violation and may include a fine not exceeding $720.00 pursuant to SMC section 1.205.
Attachment 1, Page 18 of 18
M E M O R A N D U M City of Springfield
Date: 6/1/2020
To: Nancy Newton COUNCIL
From: Brian Austin, Animal Control Officer
Richard L. Lewis, Chief of Police
BRIEFING
Subject: Animal Related Ordinance Follow Up MEMORANDUM
ISSUE: MUNICIPAL CODE AMENDMENTS – ANIMAL CONTROL UPDATE
COUNCIL GOALS/
MANDATE:
Promote and Enhance our Hometown Feel While Focusing on Livability and Environmental
Quality
BACKGROUND:
The October 21, 2019 City Council work session discussion prompted further review of certain
animal related municipal code topics. Many of the code related topics requiring further review
were incorporated in to the proposed municipal code updates. The topics prompting further
review and Animal Control response are identified below.
Topic: Dogs - 5.442 Notification of impounded animals.
City Council discussion conveyed interest in including more detail regarding the start
time of impounded animals and impound notifications to clarify the process for
citizens and any future animal control staff.
Response: Upon further review of legal requirements, no change to the current code
will be necessary, as impound notification is legally required only when the owner is
known or the dog is being seized as Vicious, etc. If the owner is unknown, impound
notification is not required, although Springfield Animal Control does provide public
notification via Facebook as a public service.
Current municipal code, as well as Springfield Animal Control and Greenhill Humane
Society processes are clear and meet the legally required impound notification
requirements for impounded animals.
Topic: Definition: Animal Owner.
City Council requested that the municipal code definition remove reference to “…for
four weeks or more, or who knowingly permits an animal to remain on any permits
occupied by said owner…”.
Response: The proposed change was reviewed, accepted and incorporated within the
animal related municipal code updates.
Topic: Definition: Barking Dog, Continuous Annoyance.
City Council requested further options for the definition of continuous barking
(reduce the time permitted, include a limit to the number of minutes in each hour
based on time of day/night, etc.). Something similar to the SMC 5.220(2) and
Attachment 2, Page 1 of 2
MEMORANDUM 6/11/20206/5/2020 Page 2
5.220(3)(c). A request has also been made to see a sampling of the types of barking
complaints that are received monthly.
Response: Many local, regional and national agency barking dog codes were
reviewed. The Multnomah County code provides Springfield a code that could be
adapted to meet the interests of Springfield City Council and the Springfield
community. The Multnomah County code for barking dogs is “13.305- Any dog that
barks repeatedly for 10 minutes or in intermittent episodes lasting a minimum of 30
minutes is illegal.” The proposed Springfield animal related municipal code adopts
similar requirements. By slightly reducing the time for continuous annoyance and
adding a provision for intermittent episodes, the municipal code provides guidance
and recourse to the community.
Springfield Animal Control has not tracked barking complaints that do not meet the
current code requirements. Further, many barking complaints that do not meet current
code are not consistently conveyed to Springfield Animal Control, as the program’s
phone tree advises callers of the current code’s requirements to proceed with a
barking complaint. Anecdotal barking complaint concerns based on intermittent
conversations with citizens were discussed at the October 12, 2019 work session.
Topic: 5.412 Bees
Council requested information regarding the minimum lot size in Low Density
Residential areas that will allow one hive and information to address hive setback
requirements.
Response: The minimum lot size to fall within the Low Density Residential
classification permitting one hive appears to be 4,500ft² on East-West streets and
5,000ft² on North-South Streets. If current code is not changed, review of RLID
indicates there are 23,089 lots that are zoned LDR in the city limits of Springfield and
only 7,008 are over 10,000ft² allowing bees.
Hive setback requirements were modeled after City of Salem code and are addressed
in the proposed code 5.412, sections (c)(1) & (c)(2).
The information above responds to City Council inquiries and supports the proposed changes to
the animal related municipal codes. Thank you.
RECOMMENDED ACTION: Conduct a First Reading and Public Hearing on the following
Ordinance:
AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTIONS 5.400
THROUGH 5.476 REGARDING THE CONTROL OF DOGS AND OTHER ANIMALS AND
ADOPTING A SEVERABILITY CLAUSE.
Attachment 2, Page 2 of 2