HomeMy WebLinkAboutOrdinance 6421 10/19/2020
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. ___________ (GENERAL)
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.
WHEREAS, the City of Springfield has adopted comprehensive regulations for the control of dogs and
other animals in Springfield Municipal Code (SMC) Sections 5.400 through 5.476 for the purposes as
stated in SMC 5.400, and the City Council now finds it appropriate to update and amend those
regulations;
WHEREAS, public hearings were held on October 21, 2019 and June 15, 2020, regarding the
proposed amendments;
WHEREAS, these regulations are adopted through the City of Springfield’s broad home rule authority
under the Chapter II of Springfield City Charter:
Section 4. Powers of the City. The City has all powers that the constitutions, statutes and
common law of the United States and of the State of Oregon now or hereafter expressly or
impliedly granted or allowed the City, as fully as though this Charter specifically enumerated
each of those powers.
Section 5. Construction of Powers. In this Charter no specification of power is exclusive or
restricts authority that the City would have if the power were not specified. The Charter shall be
liberally construed, so that the City may exercise as fully as possible all powers possible for it
under this Charter and under United States and Oregon law. A power of the City continues
unless the grant of the power clearly indicates the contrary.
WHEREAS, the City Council finds that it is in the public interest to regulate the conduct of dogs to
protect the public from personal injury and property damage;
WHEREAS, the City Council finds that it is in the public interest to amend the provisions of the Animal
Control Code regarding dog licenses and vicious dogs to provide clearer definitions and standards for
the benefit of dog owners and keepers, the general public, and City officials responsible for animal
control;
WHEREAS, in 2015, the Oregon legislature adopted House Bill 2653 directing local governments to
review existing ordinances and determine whether to adopt new ordinances regarding residential
beekeeping; and
WHEREAS, the City Council finds that it is in the public interest to amend the provisions of the Animal
Control Code regarding the number of hives permitted on residential properties within the City,
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. Springfield Municipal Code Sections 5.400 through 5.476 are amended as shown
in Exhibit A.
Ordinance No. 6421
Section 2. Savings Clause. Except as specifically provided herein, Chapter 5 of the
Springfield Municipal Code shall continue in full force and effect.
Section 3. Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portion hereof.
ADOPTED by the Common Council of the City of Springfield this ___ day of _________, ____,
by a vote of _____ for and ____ against.
APPROVED by the Mayor
this ______ day of __________, ____.
_______________________
ATTEST:
10-19-20
__________________________
City Recorder
Ordinance No. 6421
Exhibit A, Page 1 of 16
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 5.400to 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
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 10minutes at any time of day or
nightor in intermittent episodes lasting a minimum of 30 minutes, be it repeated barking, whining,
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.
Ordinance No. 6421
Exhibit A, Page 2 of 16
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, ontwo occasions without provocation is a
dangerous/animal.
Dog. A highly variable, carnivorous, domesticated mammal, probably derived from several wild
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 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 birdscommonly 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.
Hive. Anyreceptacle 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
Ordinance No. 6421
Exhibit A, Page 3 of 16
such animal to remain on any premises occupied by him or her. Except for purposes of sections 5.418,
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, leatherstrap, chain or other sturdy material 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.A dog that has been found to engage in behavior specified in section 5.456.
Control of Dog
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.Eliminate this definition and include the specific levels of behavior under
5.456.
Physical Injury
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.
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
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
-being, comfort, or
companionship do not constitute work or tasks for the purposes of this definition.
Ordinance No. 6421
Exhibit A, Page 4 of 16
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 PermittedResidential 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 dwelling 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.
5.408 Fowl and Poultry.
(1) The keeping of fowl and poultry shall be limited to the following:
# of Adult AnimalsMinimum Lot Size
1-4None
510,000 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 AnimalsMinimum Lot Size
1-4None
510,000 square feet
Ordinance No. 6421
Exhibit A, Page 5 of 16
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 HivesMinimum Lot Size
1None
210,000 square feet
3 or more+2,500square 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:
(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 keeperhas not
rectified the conditions by the date provided in any notice provided, the City may abate the nuisanceas
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. Thisoffense is punishable as a
violation and may include a fine not exceeding 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.
Ordinance No. 6421
Exhibit A, Page 6 of 16
(1)The keeping of horses, cows, llamas, sheep and goats shall be limited to the following:
# of Adult AnimalsMinimum Lot Size
120,000 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 AnimalsMinimum Lot Size
Not to exceed 220,000 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.
(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)
(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 thepig 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.
Ordinance No. 6421
Exhibit A, Page 7 of 16
(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 propertyother
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.
(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 farmanimals 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.
Ordinance No. 6421
Exhibit A, Page 8 of 16
(e) A license tag issued to a dog keeper shall be attached securely to a collar or harness
that 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 thissection.
(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 therevocation 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 shallbe as follows:
(a) Dog License FeeGeneral.
(b) Dog License FeeNeutered. 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.
(c) Dog License FeeKeepers, 60 Years of Age or Older. Dog owners applying for this
reduced fee must present proper proof of age aswell as proof of rabies vaccination for the dog to be
licensed.
(d) DuplicateLicense.
(e) Commercial Kennel.
(f) Impoundment.
(g) Daily Care.
(h) Watchdog.
(i)Permits.
(4) License FeesExceptions.
(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
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.
Ordinance No. 6421
Exhibit A, Page 9 of 16
(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 punishableas 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
expended.
5.428 Uses of Watchdogs.
Any business using a watchdog must conspicuously post the premises to warn the public ofthe
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.
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, unlessthe 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 unknownor 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
Ordinance No. 6421
Exhibit A, Page 10 of 16
treatment may be given.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.Following treatment, the dog may be impounded
according to SMC section 5.442.
(3) Arrangements forfees, 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 doso may be delivered by the
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 injuredor 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 isin
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
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.
Ordinance No. 6421
Exhibit A, Page 11 of 16
(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 tagfollowing 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 manneror
sold or releasedto a responsible person upon receiving assurance that the person will properly care for the
dog.
(2) Except as provided in subsection (1), 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 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) Akeeper whose dog is impounded may apply to the municipal judge for the release of the
dogwithin 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. Themunicipal 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 ImpoundmentRedemption 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) Licenseand 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 otheranimal is sold by the animal control authority, the purchaser shall pay
any required license and rabies vaccination fees.
Ordinance No. 6421
Exhibit A, Page 12 of 16
(4) No impoundment charge shall be made for dogs or other animals released after the
mun
(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.
(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
(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
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.
Ordinance No. 6421
Exhibit A, Page 13 of 16
(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.
(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 section5.456.
5.454 Biting and Rabid Dogs and Other AnimalsQuarantine.
(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
to the keeper. Any dog or other animal required to be quarantined shall be confined as follows:
(a)
any other animal or person; or
(b) erinary 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 rabidshall 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)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
property are identified and subjected to appropriate consequences and precautionary restrictions to
prevent initialor 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.
Ordinance No. 6421
Exhibit A, Page 14 of 16
(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.
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 AnimalsRemoval 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:
Ordinance No. 6421
Exhibit A, Page 15 of 16
(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.
(2)When permission is not given by the property owner or occupantto 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 to surrender a dog to a person identifiable as an animal control officer or a peace officer
upona lawful demandfor the purpose of impoundmentas provided for in sections 5.442 and 5.448 is 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.
Ordinance No. 6421
Exhibit A, Page 16 of 16
(1) If a person intentionally resists someone known by him or her to be an animal control
officer or a peace officer implementing thiscode, that person is in violation of this code.
(2)
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 animalcontrol 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)
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.
(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.
Ordinance No. 6421