Chapter 6.04
DOGS
Sections:
6.04.020 Prohibiting dogs running at large.
6.04.040 Habitually barking dogs.
6.04.050 Removal of animal wastes.
6.04.070 Dogs as public nuisance.
6.04.080 Vicious dogs prohibited.
6.04.120 Impoundment regulations.
6.04.150 Entry onto private land.
6.04.160 Failure to surrender dog.
6.04.010 Definitions.
As used in this chapter, the following words and phrases, unless the context otherwise requires, shall mean:
“Abandoned dog” means any dog 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 control officer” means any person operating under the authority of the city of Dundee or pursuant to an agreement with the city of Dundee, for the purpose of:
1. Providing shelter and other care for lost, homeless, or injured animals;
2. Serving as an information center concerning missing and found animals;
3. Protecting the public from hazardous or unsanitary conditions with animals that are running at large; or
4. Protecting animals from neglect, cruelty, or abuse.
“Dog running at large” means a dog which is off or outside the premises belonging to the owner, keeper, or person having control, custody, or possession of the animal, and not in the company of and under the control of its owner or keeper by means of an adequate leash, pen, cage, vehicle, or other means of confinement.
“Owner” means any person who owns, keeps, or harbors a dog.
“Vicious dog” means any dog which has the propensity to bite or attack any person without provocation. A dog shall not be considered a vicious dog if it bites a person wrongfully assaulting the dog or the dog’s owner, or if it bites a person trespassing upon premises occupied by the dog’s owner after being provoked by that person.
“Watch dog” means a vicious dog confined at a business or commercial establishment to protect merchandise, inventory, or equipment. [Ord. 570-2019 § 1; Ord. 453-2007 § 1].
6.04.020 Prohibiting dogs running at large.
No owner shall intentionally or negligently permit his dog to run at large. [Ord. 453-2007 § 2].
6.04.030 Abandoned dogs.
No owner shall permit his dog to be abandoned. Any animal control officer may provide food and water to abandoned dogs. The dog owner shall pay for such services. [Ord. 453-2007 § 3].
6.04.040 Habitually barking dogs.
No owner shall keep a dog on any premises in the city which, without provocation by any person, shall, by frequent and sustained barking, howling or yelping, unreasonably deprive a person of peace and quiet. [Ord. 453-2007 § 4].
6.04.050 Removal of animal wastes.
Any person in physical possession and control of a dog shall remove excrement or other solid waste deposited by the dog in any area not designed to receive such wastes, including but not limited to public areas such as streets, sidewalks, parking strips, public parks and any private property other than that of the dog owner. [Ord. 453-2007 § 5].
6.04.060 License required.
It shall be unlawful for any person being the owner or having control of any dog to fail to procure a license pursuant to the provisions of Yamhill County Ordinance No. 692 as amended. The license tag issued to the owner shall be attached securely to a collar or harness on the dog for which it was issued whenever the dog is not indoors or in an enclosed pen. [Ord. 453-2007 § 6].
6.04.070 Dogs as public nuisance.
No person shall own a dog which is a public nuisance, as defined in ORS 609.095. In addition, no owner shall permit a dog to be present at any event or place within the city that is clearly marked to exclude animals. [Ord. 453-2007 § 7].
6.04.080 Vicious dogs prohibited.
No person shall own, keep, or harbor a vicious dog, except a watch dog. Any dog which has the propensity to attack or bite any person without provocation and the capacity to inflict serious harm on such person shall be regarded as vicious. Vicious dogs shall be impounded by an officer. A vicious dog running at large, which because of its disposition or diseased condition is too hazardous to apprehend, may be destroyed by a police officer, animal control officer, or by a person acting in defense of himself, his family, or another person. [Ord. 453-2007 § 8].
6.04.090 Biting dogs.
No person shall keep a dog which, without provocation, has bitten a human being on two occasions. Such a dog shall be impounded by an officer. [Ord. 453-2007 § 9].
6.04.100 Uses of watch dog.
Any business using a watch dog shall conspicuously post the premises to warn the public of the watch dog. The dog shall not be allowed access to the public that is on the property during business hours. If the dog is used outside of a building, the property shall be fenced in a way to prohibit the dog access to any public right-of-way. [Ord. 453-2007 § 10].
6.04.110 Impoundment of dogs.
A. Any police officer or animal control officer may impound a dog that is in violation of this chapter; provided, however, the officer shall impound a vicious dog.
B. The animal control officer shall impound a dog if the owner of the dog has not posted bail or paid a fine for a violation of this chapter 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 chapter.
C. Any property owner or tenant whose property has been trespassed upon by a dog may hold the dog until delivery to an animal control officer or to any police officer, unless the dog owner has arrived and is demanding the return of the animal, at which time the property owner or tenant shall relinquish control if identification of the dog owner is established. Any person who so impounds a dog shall immediately notify the Newberg-Dundee police department. [Ord. 453-2007 § 11].
6.04.120 Impoundment regulations.
A. The animal control officer shall keep a daily record of dogs impounded at the place of impoundment and such record shall be made available to the public. A dog which has not been redeemed within five days after impoundment, excluding weekends and holidays, may be sold, adopted, or destroyed.
B. For a licensed dog or a dog for which the owner is known, the animal control officer shall notify the owner by telephone or by mailing of an impoundment notice as soon as practicable after impoundment. The impoundment notice shall advise the owner 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, and the consequences of failure to redeem the dog.
C. A dog owner whose dog is impounded as a vicious dog within the period described in subsection (A) of this section, believing himself aggrieved by the seizure and impounding of his dog, may apply to the municipal judge for the release of his dog, and the municipal judge shall thereupon set a time and a place for hearing the application and notify the impounding officer; and upon a summary hearing the municipal judge shall have full power to determine whether the dog has been wrongfully impounded and whether it shall be returned to its owner, and upon what terms. Payment of the impoundment fee shall not prejudice a dog owner’s right to appeal an allegedly wrongful impoundment.
D. Notwithstanding the previous subsections, any dog given to the animal control by the owner for disposal may be destroyed immediately, or, in the alternative, sold to any person. [Ord. 453-2007 § 12].
6.04.130 Redemption and sale.
A. Redemption of an impounded dog shall be made by exhibiting satisfactory proof of ownership and by paying the following required fees and charges:
1. Impoundment fee;
2. Daily care fee;
3. License and rabies vaccination fees, if required;
4. Medical care fees, if required.
B. Impounded dogs may be sold.
C. When a dog is sold, the purchaser shall pay any required license and rabies vaccination fees. [Ord. 453-2007 § 13].
6.04.140 Quarantine.
A. When either the animal control officer or the appropriate county or state public health agency has grounds to suspect that a dog is infected with the disease of rabies, there shall be delivered to the owner of the dog a written notice thereof. The biting of any person by a dog shall constitute adequate grounds for suspecting the dog to be so infected. The owner shall thereupon be required to quarantine the dog for 10 days. The delivery of the notice to an adult residing upon the premises where the dog is kept shall be considered a delivery of the notice to the owner.
B. Any dog required to be quarantined shall be confined on the owner’s premises in such a manner as to prevent it from being in contact with any other animal or person or confined at the owner’s expense in a veterinary hospital or a kennel approved by the animal control officer.
C. Any animal that has been bitten by a dog proved to be rabid shall be destroyed.
D. If a dog exhibits symptoms of rabies while it is under quarantine, the appropriate county or state public health agency may order in writing that it be destroyed. [Ord. 453-2007 § 14].
6.04.150 Entry onto private land.
The officers in the course of their duties in enforcing this chapter shall have the privilege of entering onto private land, but shall not enter into any building or dwelling without legal authorization or permission of the owner or occupant of the premises. [Ord. 453-2007 § 15].
6.04.160 Failure to surrender dog.
No person shall fail to surrender a dog to a person identifiable as an animal control officer or a police officer, upon their demand, so that the dog can be impounded or quarantined as provided for by this chapter. [Ord. 453-2007 § 16].
6.04.170 Severability.
Each section and subsection of this chapter is severable. If any provision of this chapter is found invalid by a state or federal court, the remaining provisions of this chapter remain valid and in effect. [Ord. 453-2007 § 17].
6.04.180 Penalties.
A person violating the provisions of this chapter or an order issued under authority of this chapter shall, upon conviction, be guilty of a violation. A sentence to pay a fine for a violation shall be an amount, fixed by the court, not to exceed $500.00. [Ord. 453-2007 § 18].