Chapter 6.04
ANIMALS GENERALLY
Sections:
6.04.025 Livestock within city limits.
6.04.040 Animal waste prohibited.
6.04.060 Conditions when an animal, dog or reptile is a public nuisance.
6.04.070 Dangerous animals, dogs or reptiles.
6.04.090 Seizing certain animals, dogs or reptiles.
6.04.105 Feeding of wild animals prohibited.
6.04.010 Definitions.
As used in this chapter, the following words shall mean:
“At large” means off the premises of the owner while the dog, animal or reptile is not under the complete control of the owner or keeper by adequate leash or bridle. However, a dog in a duly recognized obedience school on field training exercise and under the direct supervision of a handler, a dog within a designated dog park; or a dog, animal, or reptile within a vehicle shall not be considered to be “at large” as defined in this section.
“Dangerous animal, dog or reptile” means any animal, dog or reptile which has:
1. Without provocation, placed a person in fear of imminent physical injury, said fear being reasonable under the circumstances; or
2. Has attacked a person or domestic animal without provocation; or
3. Is trained for or used in animal fighting.
“Keeper” means, in addition to its ordinary meaning, a person, firm, association or corporation which is in possession of, in temporary control of, or who is responsible for the care of an animal. The term “keeper” also means the parent or guardian of the owner of an animal, if the owner is under the age of 18 years and the owner resides with the parent or guardian on the date of the alleged violation.
“Nuisance abatement officer” means any peace officer as defined in ORS 133.005(3), the city recorder, city attorney, public works director, or any individual appointed by the Culver city council.
“Owner” means a person, firm, association or corporation owning, in possession of, in temporary control of, or who is responsible for the care of an animal, dog or reptile.
“Physical injury” means impairment of physical condition or substantial pain.
“Unconfined” means not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner or keeper of a dangerous animal, dog or keeper. Such pen or structure must be securely constructed and must be adequate to ensure the confinement of the dangerous animal, dog or reptile. [Ord. 23-03 § 1 (Exh. A), 2023.]
6.04.020 Cats.
This chapter does not pertain to domestic cats. [Ord. 23-03 § 1 (Exh. A), 2023.]
6.04.025 Livestock within city limits.
A. It is unlawful for any person, partnership, association or corporation to harbor, pasture, maintain or in any way keep any calf, heifer, steer, cow, bull, kid, goat, shoat, pig, hog, swine, mule, stallion, mare, horse, colt, llama, alpaca, or barnyard fowl, including peacocks and peafowl, in any area within the corporate limits of the city of Culver.
B. Notwithstanding subsection A of this section, chickens shall be permitted, but subject to the following limitations:
1. The number of adult chickens shall not exceed six per total lot area.
2. Animal runs, barns, or chicken pens shall be reasonably screened from public streets and neighboring properties.
3. Chickens shall be properly caged or housed, and proper sanitation shall be maintained at all times. All animal or poultry food shall be stored in metal or other rodent-proof receptacles.
4. Roosters are specifically prohibited. [Ord. 23-03 § 1 (Exh. A), 2023.]
6.04.030 Dog licensing.
A. Every person owning or keeping any dog that has a set of permanent canine teeth or that is six months old, whichever comes first, shall within 30 days after he or she becomes the owner or keeper of the dog, and yearly thereafter, procure from the county a license for the dog.
B. Every dog licensed under this section shall display its license tag in all instances when it is deemed to be at large under this chapter.
C. A dog not licensed according to this chapter may be impounded, and no dog impounded under the authority of this chapter shall be released from the impound facility until so licensed.
D. Licenses shall not be required for dogs owned by dealers, breeders or exhibitors if the dogs are kept in kennels exclusively for sale or exhibition purposes, or while such dogs are being transported by dealers, breeders, or exhibitors to and from a dog show or fair.
E. Licenses are required for dogs used by blind persons; however, no fee will be charged. [Ord. 23-03 § 1 (Exh. A), 2023.]
6.04.040 Animal waste prohibited.
It is unlawful for an owner or keeper to allow an animal, dog, reptile, or chicken, to deposit solid waste matter on any property other than that of the person owning or keeping said animal, dog, reptile, or chicken. It shall be a defense to this action if the owner promptly removes the solid waste deposited by said animal, dog, reptile or chicken and properly disposes of the waste. [Ord. 23-03 § 1 (Exh. A), 2023.]
6.04.050 At large.
No animal, dog or reptile shall run at large. The owner or keeper is responsible for an animal, dog or reptile at large. [Ord. 23-03 § 1 (Exh. A), 2023.]
6.04.060 Conditions when an animal, dog or reptile is a public nuisance.
An animal, dog or reptile is a nuisance if it:
A. Disturbs any person by frequent or prolonged noises in violation of Chapter 8.16 CMC.
B. Bites or injures a person.
C. Places a person in fear of imminent physical injury, without provocation.
D. Chases vehicles.
E. Chases people.
F. Damages or destroys property belonging to a person other than the owner or keeper of the animal, dog or reptile.
G. Injures, chases, or kills an animal or fowl belonging to a person other than the owner or keeper of the animal, dog or reptile.
H. Scatters garbage. [Ord. 23-03 § 1 (Exh. A), 2023.]
6.04.070 Dangerous animals, dogs or reptiles.
A. No owner or keeper of a dangerous animal, dog or reptile shall permit such animal, dog or reptile to go unconfined on the premises of the owner or keeper.
B. No owner or keeper of a dangerous animal, dog or reptile shall permit such animal, dog or reptile to go beyond the premises of such person unless such animal, dog or reptile is securely leashed and humanely muzzled or otherwise securely restrained and humanely muzzled.
C. An owner of a dangerous animal, dog or reptile shall be required to procure liability insurance insuring against injury that may be caused by the dangerous animal, dog or reptile no less than $150,000 coverage per occurrence.
D. An owner of a dangerous animal, dog or reptile shall be required to display a sign at all times on his or her premises where it may be easily seen by the public, warning that there is a dangerous animal, dog, or reptile on the premises.
E. An owner of a dangerous animal, dog or reptile shall be required to notify the city of Culver immediately if said animal is loose, unconfined, has attacked another animal or has attacked a human being. If the dangerous animal, dog, or reptile has been sold or given away, the owner or keeper shall notify the city of Culver within 24 hours and shall provide the city of Culver with the name, address, and telephone number of the owner, who, if within the jurisdiction of the city of Culver, shall comply with the requirements of this chapter.
F. Any dangerous animal, dog or reptile may be impounded by the nuisance abatement officer, peace officer, or duly authorized animal control officer if deemed necessary, until such time as the owner or keeper complies with the requirements of this chapter. All impoundment fees, fines, and county license fees shall be paid prior to the release of said animal. If the fees and/or fines are not paid within 10 days, then the animal shall be forfeited to the city. [Ord. 23-03 § 1 (Exh. A), 2023.]
6.04.080 Impound.
A. An animal, dog or reptile found at large or otherwise in violation of this chapter may be seized and impounded. If the nuisance abatement officer is unable to apprehend such animal, dog or reptile, and that animal, dog, or reptile presents an imminent threat of injury to the officer or other people, the officer may kill the animal, dog or reptile.
B. An animal, dog or reptile impounded pursuant to subsection A of this section shall be held at a licensed impound facility in Jefferson County.
C. An animal, dog or reptile that has been impounded for a violation of CMC 6.04.060(B), (C), or (G) or 6.04.070 may be held at a licensed impound facility in Jefferson County until any citations are issued to the animal’s, dog’s or reptile’s owner or keeper.
D. An animal, dog or reptile that has been impounded for a violation of this chapter or any other law, other than CMC 6.04.060(B) and (C), may be handled according to applicable law and licensed impound facility policies, rules and regulations.
E. If the owner or keeper of an impounded animal, dog or reptile fails to appear in court to answer the charges filed against the owner or keeper, which resulted in the animal’s, dog’s or reptile’s impoundment, or if the owner later fails to appear as required by the court, the court may issue an order terminating the rights of the owner or keeper to the animal, dog or reptile. The court may also order that the animal, dog or reptile be humanely destroyed. Prior to issuing a forfeiture order, the court shall mail a notice to the owner advising the owner that their rights to the impounded animal, dog or reptile will be forfeited unless they appear in court at the next scheduled court date. The notice to appear shall be mailed to the animal, dog or reptile owner or keeper at the address shown on the citation or at such address given to the court by the owner or keeper. [Ord. 23-03 § 1 (Exh. A), 2023.]
6.04.090 Seizing certain animals, dogs or reptiles.
Any animal, dog or reptile found biting, attacking or injuring or which has injured a person or injures or kills an animal fowl belonging to a person other than the owner or keeper of the animal, dog, or reptile, may be summarily seized by any person and promptly delivered to a policing agency. Further, any peace officer as defined in ORS 133.005(3) may apply to the court for a warrant authorizing the search for and seizure of any animal, dog or reptile that is found in violation of CMC 6.04.060(B), (C) or (G) or 6.04.070. Nothing in this section is intended to limit the search and seizure authority of a peace officer. [Ord. 23-03 § 1 (Exh. A), 2023.]
6.04.100 Rabid dogs.
A. To safeguard the public from dangers of rabies, the city shall, when necessary, issue a proclamation ordering every person owning or keeping a dog to confine it securely on the person’s premises unless the dog has a muzzle of sufficient strength to prevent its biting a person. An unmuzzled dog running at large during the time of proclamation shall be seized and impounded, unless noticeably infected with rabies. All dogs noticeably infected with rabies may be immediately euthanized by the Jefferson County animal control without notice to the owner or keeper.
B. If a dog is believed to have rabies or has been bitten by a dog suspected of having rabies, the dog shall be confined by a leash or chain on the owner’s premises and shall be placed under the observation of a veterinarian at the expense of the owner for a period of 10 days. The owner shall notify a licensed veterinarian of the fact that the dog has been exposed to rabies, and the licensed veterinarian may have the dog removed from the owner’s premises to a veterinary hospital and there placed under observation for a period of 10 days at the expense of the owner.
C. No person, knowing or suspecting a dog has rabies, shall allow the dog to be taken off the person’s premises or beyond the city limits unless authorized by subsection B of this section. An owner, or other person, on ascertaining a dog is rabid, shall immediately notify the licensed veterinarian or Jefferson County animal control, which shall remove the dog to the pound or summarily destroy it.
D. If a dog bites a human being, the owner of the dog shall display proof of vaccination. The Jefferson County animal control may impound the dog for 10 days at the owner’s expense or require the owner to quarantine the dog for 10 days. Failure by the owner to pay the impound fees required by this section is a violation of this code. [Ord. 23-03 § 1 (Exh. A), 2023.]
6.04.105 Feeding of wild animals prohibited.
A. A person, who knowingly places, deposits, distributes, stores or scatters food, garbage or any other attractant so as to constitute a lure, attraction or enticement for wild animals, with the exception of birds, may be issued a written notification by an agent of the city of Culver requiring the person to remove the food, garbage or other attractant within two days of notification.
B. A person who receives a written notification under subsection A of this section shall remove the food, garbage or other attractant as directed. [Ord. 23-03 § 1 (Exh. A), 2023.]
6.04.110 Penalties.
A. Any person, partnership, association or corporation violating any provision of this chapter may be punished by a fine of not more than $1,000. An animal, dog, or reptile that has repeatedly been a nuisance may be ordered destroyed or disposed of in a manner that the court considers necessary for the health and safety of the public.
B. Where a violation of this chapter is found, the judge may order the owner or keeper of an animal, dog or reptile to pay restitution to compensate any person for damages caused by the animal, dog or reptile. Restitution shall be limited to those damages that could be recovered as special damages in a civil action based upon the animal’s, dog’s or reptile’s conduct. The payment of restitution under this section is not intended to limit or impair the ability of an injured person to sue and recover damages from the owner or keeper in a civil action.
C. Where a violation of this chapter is found, the judge may order the owner or keeper of an animal, dog or reptile to reimburse the city of Culver for any and all impound costs incurred by the city.
D. Where a violation of CMC 6.04.060(B) and/or (G) is found, the judge may enter an order requiring that an animal, dog or reptile be humanely destroyed, unless the owner or keeper can establish by a preponderance of the evidence that the animal, dog or reptile was provoked into biting, injuring or attacking.
E. The judge may enter an order requiring that an animal, dog or reptile be humanely destroyed if the animal, dog or reptile has committed a total of two violations within a five-year period of any of CMC 6.04.060(B), (C), (G) or 6.04.070. If the owner or keeper establishes, by a preponderance of the evidence, that the animal, dog or reptile was provoked into committing one of the two violations, the judge may suspend said order.
F. If the judge determines that the violation of CMC 6.04.060(B), (C), (G) or 6.04.070 was caused in any part by the neglect, abuse or tormenting of the animal, dog or reptile by its owner or keeper, the judge may enter an order terminating the owner’s or keeper’s rights to the animal, dog or reptile and prohibiting the owner or keeper from owning or possessing an animal, dog or reptile within the city of Culver. Further, the judge may allow such an abused animal, dog or reptile to be placed with a qualifying Humane Society for possible adoption if the court believes that the abuse was the primary cause of the violation of CMC 6.04.060(B), (C), (G) or 6.04.070.
G. The court may stay the execution of his or her order to humanely destroy an animal, dog or reptile which has been entered pursuant to subsection D or E of this section, if the animal’s, dog’s or reptile’s owner or keeper can demonstrate by a preponderance of the evidence that the animal, dog or reptile is unlikely to be a repeat offender of this chapter. The stay of execution may last for up to five years upon such conditions as are reasonably related to the violation of this code. Such conditions may include, but are not limited to, the following:
1. Confinement of the animal, dog or reptile in a securely enclosed and locked pen or structure upon the premises of the owner or keeper or within the residence of the animal’s, dog’s or reptile’s owner or keeper;
2. Muzzling the animal, dog or reptile in a humane manner;
3. A requirement that the animal, dog or reptile or owner commit no further violation of animal, dog or reptile related laws;
4. A requirement that the animal owner post a bond of up to $5,000 which may be used to pay for future injuries caused to people, animals or property;
5. A requirement that the animal’s, dog’s or reptile’s owner or keeper pay court ordered fines and restitution resulting from the animal’s violation of this code. [Ord. 23-03 § 1 (Exh. A), 2023.]