Chapter 6.10
OFFENSES RELATING TO ANIMALS
Sections:
6.10.010 Definitions relating to dogs.
6.10.020 Dogs as public nuisances.
6.10.030 Repealed.
6.10.050 Dogs must be on leash.
6.10.080 Injured and dead animals.
6.10.100 Restrictions relating to dogs on the fourth of July.
6.10.010 Definitions relating to dogs.
Unless the context otherwise indicates:
“Dog” shall mean a male or female dog, including a dog which has been neutered or spayed and a puppy.
“Immediate control” means on a leash or in the vicinity of, and under the complete verbal command of, the keeper.
“Keeper” shall mean any person or persons, firm, association or corporation who is responsible for or harboring a dog.
“Leash” shall mean a leash, cord, chain, rope or other such physical restraint.
“Running at large” shall mean a dog that is off the premises of the keeper of the dog and not under the immediate control of the keeper.
“Unreasonable noise” shall mean barking, whimpering or other noise that a typical person would find disturbing because of its volume, duration or frequency. [Ord. 851, 2007; Ord. 688 § 51, 1995.]
6.10.020 Dogs as public nuisances.
No keeper shall permit a dog to be a public nuisance. A dog shall be considered a public nuisance if it:
1. Bites, injures or causes injury to a person or other animal;
2. Chases or threatens vehicles or persons;
3. Damages or destroys property of persons other than the keeper of the dog;
4. Scatters garbage;
5. Trespasses on private property;
6. Disturbs any person by causing unreasonable noise;
7. Is found to be running at large;
8. Is rabid;
9. Defecates on public or private property other than the keeper of the dog and the excrement is not immediately removed and properly disposed of; or
10. Causes an unsanitary condition to exist on the premises of the keeper which causes odors, attracts flies or is otherwise a hazard to public health and safety, or interferes with the comfortable enjoyment of life or property by neighbors or other persons.
However, except in a situation where a dog has caused injury to a person or another animal, or damage to property, a citation shall not be issued without first notifying the keeper of the violation and allowing an opportunity to correct the violation. [Ord. 851, 2007; Ord. 688 § 52, 1995.]
6.10.030 Dangerous animals.
Repealed by Ord. 906. [Ord. 851, 2007.]
6.10.040 Animal waste.
1. No person shall permit or allow to accumulate or remain in, on, or about any yard, lot, place, or premises owned or resided in by such person any dead animals, or the refuse or offensive part of any dead animals, or any animal waste or excrement; nor shall such person suffer such yard, lot, place, or premises, to be or remain in such condition as to cause or create a noisome or offensive smell or atmosphere or thereby to become, cause or create a public nuisance.
2. No owner shall permit any dead animal or part thereof to remain upon a street or public place, or private property, for a period of time longer than is reasonably necessary to remove or dispose of such dead animal or part thereof. [Ord. 688 § 53, 1995.]
6.10.050 Dogs must be on leash.
It shall be unlawful for any person to take any dog, bitch, or puppy within the boundaries of any municipal park or City-owned right-of-way in the City of Harrisburg without it being confined by a leash.
The Animal Officer or Sheriff’s deputy may seize and impound any animal causing a public nuisance and a violation of this section is hereby declared a public nuisance. [Ord. 919 § 1 (Exh. A), 2014; Ord. 688 § 54, 1995.]
6.10.060 Cruelty to animals.
1. Except as otherwise authorized by law, no person shall intentionally or recklessly:
a. Subject any animal under human custody or control to cruel mistreatment.
b. Subject any animal under his/her custody or control to cruel neglect.
c. Kill, without legal privilege, any animal under the custody or control of another, or any wild bird.
2. As used in this section, “animal” includes birds. [Ord. 688 § 55, 1995.]
6.10.070 Poisoning animals.
No person shall put out or place any poison where the same is liable to be eaten by any horse, cattle, sheep, hog, dog or other domestic animals. [Ord. 688 § 56, 1995.]
6.10.080 Injured and dead animals.
1. Any person operating a vehicle within the City who runs over, strikes, injures or kills any domestic animal shall immediately:
a. Take reasonable precautions to protect the animal and other motorists from further injury;
b. Make a reasonable attempt to locate the owner of the animal and to inform the owner of the incident;
c. If unable to contact the owner of the animal, then contact Linn County Dog Control or the Linn County Sheriff’s Office; and
d. If the animal appears to be dead and it is at a location within a traffic lane of a street, then move the animal to the side of the road.
2. No person shall permit an animal carcass owned or controlled by that person to remain upon public or private property longer than is reasonably necessary to remove or dispose of the carcass. [Ord. 851, 2007; Ord. 688 § 57, 1995.]
6.10.090 Beekeeping.
1. Definitions.
“Bee” means any stage of development of the common domestic honeybee, Apis mellifera species.
“Beekeeper” means a person owning, possessing or controlling one or more colonies of bees.
“Colony” means a hive and its equipment and appurtenances, including one queen, bees, comb, honey, pollen and brood.
“Hive” means any Langstroth-type structure with movable frames intended for the housing of a bee colony. A hive typically consists of a cover, honey supers, brood chambers and a bottom board.
2. It shall be the duty of any person, firm or corporation having bees on its property to maintain each colony in the following condition:
a. Colonies shall be maintained in movable-frame hives.
b. Adequate space shall be maintained in the hive to prevent overcrowding and swarming.
c. Colonies shall be requeened following any swarming or aggressive behavior.
d. Every beekeeper shall maintain on their property an adequate supply of water for bees.
3. The number of colonies is limited to one per 5,000 square feet of property, up to a maximum of eight colonies regardless of lot size.
4. Colonies shall not be located within 25 feet of any property line that adjoins developed property unless situated behind a solid fence or hedge six feet or more in height that extends at least 20 feet beyond the hive in both directions.
5. Bees living in trees, buildings, or any other space except in movable-frame hives, abandoned colonies, and diseased bees shall be removed within 10 days from the date the enforcement authorities have observed the bees.
6. Activities or places not meeting these standards, in addition to being subject to a fine as stated in HMC 9.05.060, are deemed a public nuisance and subject to abatement.
7. A beekeeper with more than five colonies shall register with the Oregon Department of Agriculture Commodity Inspection Division.
8. Any beekeeper who sells honey shall first become licensed with the Food Safety Division of the Oregon Department of Agriculture. [Ord. 851, 2007; Ord. 688 § 58, 1995.]
6.10.100 Restrictions relating to dogs on the fourth of July.
1. Except for dogs at their normal place of residence, or in the case of service dogs, no person shall allow a dog to be in the area bounded by the Willamette River on the west, Territorial Street on the north, 2nd Street on the east and LaSalle Street on the south after the hour of 7:00 a.m. on July 4th each year.
2. A violation of this section is punishable by a fine not to exceed $100.00. [Ord. 873, 2008; Ord. 688 § 60, 1995.]