Chapter 6.05
GENERAL REGULATIONS
Sections:
6.05.010 Relationship to state laws.
6.05.030 Enforcement authority.
6.05.040 Complaint procedures.
6.05.050 Enforcement complaint.
6.05.060 Interference with animal control official.
6.05.070 Registration requirements.
6.05.080 Impoundment – Authority.
6.05.090 Impoundment – Notice.
6.05.100 Impoundment – Redemption by owner or keeper.
6.05.110 Sick or injured animals.
6.05.150 Exotic animals prohibited.
6.05.160 Disposition of habitual offenders.
6.05.170 Shelter requirements.
6.05.190 Dead animals – Carcass removal.
6.05.200 Summary destruction of certain animals.
6.05.010 Relationship to state laws.
ORS Chapter 609, pertaining to animal control, exotic animals and dealers, and ORS 167.31 through 167.388, pertaining to offenses against animals shall apply in the city of Hubbard except where expressly superseded by this chapter. (Ord. 234-2000 § 2, 2000)
6.05.020 Definitions.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have meaning given herein unless the context requires otherwise:
(1) “Animal” means any of the lower animals as distinguished from and not including man, belonging to the animal kingdom of the living beings, typically differing from plants, and including mammals, fowl, reptiles, and fish.
(2) “Appliances” means any implement or device used in the manipulating of honeybees or their brood or colony.
(3) “Beekeeping (apiculture)” means the maintenance of honeybee colonies, commonly in hives.
(4) “Colony” means a group of honeybees.
(5) “Dangerous animal” means any animal generally thought of as “wild” and capable of inflicting injury (such as cougars and boa constrictors – whether owned as pets or not) and including animals which are not dangerous under normal conditions but could become so under abnormal conditions (for example, a rabid dog or unconfined bull).
(6) “Disease” means pests, disease or any condition affecting bees or their brood.
(7) “Domestic animal” means any animal raised for food, profit or other practical use, including but not limited to farm animals, livestock, poultry, rabbits, and bees.
(8) “Flyway barrier” means a barrier which directs the bees quickly into the sky.
(9) “Hive” means any receptacle or container made or prepared for use of honeybees, or box or similar container taken possession of by honeybees.
(10) “Honeybee” means honey-producing insects of the genus Apis and includes the adults, eggs, larvae, pupae or other immature states thereof, together with such material as are deposited into hives by their adults, except honey and beeswax in rendered form.
(11) “Keeper” means any person, firm, or association having the custody of or authority to control the animal.
(12) “Livestock” means horses, mules, jackasses, burros, cattle, sheep, goats, donkeys, swine, and animals bred commercially or otherwise.
(13) “Owner” means owning, keeping, or harboring an animal.
(14) “Owner of property” means any person who has legal or equitable interest in real property, or who has a possessory interest therein, or who resides on the property, or is a guest of any person who owns, rents, or leases said property.
(15) “Poultry” means domestic fowl, such as chickens, turkeys, ducks, geese, or other fowl raised for meat or eggs.
(16) “Running at large” means an animal which is off or outside the premises belonging to the owner, keeper, or person having control, custody, or possession of the animal, or not in the company of or under the control of its owner or keeper by means of an adequate leash, pen, cage, coop, vehicle, or other means of confinement or immediate supervision.
(17) “Wild animal” means any animal which normally lives in a state of nature and is not ordinarily tame or domesticated and usually not amenable to human habitats.
(18) “Domesticated rabbits” shall mean rabbits kept for personal use. (Ord. 346-2016 § 1; Ord. 313-2010; Ord. 234-2000 § 3, 2000)
6.05.030 Enforcement authority.
The chief of police or any other police officer or any other person designated or appointed by the chief of police. For the purposes of this chapter, those officers or persons are referred to as the “animal control official.” (Ord. 234-2000 § 4, 2000)
6.05.040 Complaint procedures.
(1) Filing a Complaint.
(a) Any person who has cause to believe any animal regulated by this chapter is being maintained as a public nuisance may complain, either orally or in writing, to a city police officer or a Marion County animal control officer. The complaint shall be considered sufficient cause for the officer to investigate the matter and determine if the owner or keeper of the animal is in violation of a provision of this chapter. The city police officer may use discretion in referring the matter to a county animal control officer for prosecution.
(b) Should the city or the appropriate officer find cause to request dismissal of the charge, such motion shall be made on the city’s requisite form.
(2) Subpoena. Issuance and service of a subpoena to require a person’s attendance in court or the production of documents or tangible things and to permit inspection thereof shall be made as provided in Rule 55, Oregon Rules of Civil Procedure (ORCP), except that:
(a) A subpoena may be issued by the municipal judge or by an attorney of record of the party on whose behalf the witness is required to appear;
(b) Service shall be made as provided in ORCP 55-D; and
(c) Witness fees shall be payable in accordance with ORS 44.415(2).
(3) Jurisdiction. The municipal court of the city of Hubbard has exclusive jurisdiction over violations of any of the provisions of this chapter within the corporate limits of the city. (Ord. 234-2000 § 5, 2000)
6.05.050 Enforcement complaint.
(1) Any person authorized to enforce the provisions of this chapter may issue an enforcement complaint to any person found in violation of the provisions of this chapter.
(2) The issuing official shall cause the enforcement complaint to be delivered to the person alleged to have violated the provisions of this chapter. (Ord. 234-2000 § 6, 2000)
6.05.060 Interference with animal control official.
(1) It is unlawful for any person to interfere in anyway with an animal control official engaged in enforcing, seizing, impounding, or lawfully disposing of any animal under the authority of this chapter.
(2) It is unlawful to release any animal from the custody of the animal control official after such animal has been seized or impounded under the authority of this chapter. (Ord. 234-2000 § 7, 2000)
6.05.070 Registration requirements.
(1) Every person owning or keeping an animal requiring registration or a license as may be defined by federal, state, county, or municipal law or regulation shall register or license such animal in accordance with the specific regulation or law requiring the registration or license.
(2) Registration tags, when required, shall be attached to the animal when such animal is not in the immediate possession or direct supervision of the owner or keeper. (Ord. 234-2000 § 8, 2000)
6.05.080 Impoundment – Authority.
(1) Any animal control official is authorized to impound any animal found in violation of any of the provisions of this chapter.
(2) Any animal which bites a person or another animal or which has caused injury to any person or another animal may be summarily seized by any person and, if seized, shall be promptly delivered to the animal control official.
(3) Any animal control official may house an animal impounded under the provisions of this chapter at a kennel, veterinary clinic, or other animal shelter. (Ord. 234-2000 § 9, 2000)
6.05.090 Impoundment – Notice.
(1) Whenever an animal is impounded pursuant to the provisions of this chapter, if the owner or custodian of the animal is known to the city police and the animal has not been accused of biting a person, the police shall make reasonable attempts to deliver the animal to its owner.
(2) In case the owner or custodian of the animal is not known to the city police, the animal shall be delivered forthwith to a Marion County animal control officer or directly to a suitable animal shelter. (Ord. 234-2000 § 10, 2000)
6.05.100 Impoundment – Redemption by owner or keeper.
(1) Fees for redemption of the animal by its owner shall be due and payable to the county in accordance with county regulations.
(2) The city of Hubbard retains the right to collect from the animal’s owner, or keeper, reimbursement of any actual costs incurred by the city of Hubbard for interim care of the animal while in the temporary custody of the city. A statement of expenses shall be mailed to the owner or presented in person and a copy shall be forwarded to the county office of animal control within 48 hours of the animal’s transfer to the county’s custody. In addition to any fees payable to the county, costs owed to the city must be paid to the city prior to redemption of the animal.
(3) The owner, or keeper, shall pay for any boarding, care or medical expenses incurred in accordance with HMC 6.05.110. (Ord. 234-2000 § 11, 2000)
6.05.110 Sick or injured animals.
(1) No person shall permit any animal or bird owned or controlled by that person to be at large within the city if such animal or bird is afflicted with a communicable disease.
(2) Any animal control official who has found or lawfully seized or impounded an animal under the provisions of this chapter and determines that the animal is in apparent need of immediate medical attention due to illness or injury, may authorize the necessary medical attention and/or have the animal destroyed. (Ord. 234-2000 § 12, 2000)
6.05.120 Offenses.
(1) No dog, livestock, domesticated rabbit, or poultry shall run at large within the city limits upon any public street or other public place or trespass upon private property not owned or controlled by the owner or keeper of such animal. Animals at large may be taken into custody by the city and disposed of in accordance with the procedures provided by ORS Chapter 609.
(2) No domestic or wild animal shall:
(a) Make excessive or unreasonable noise in such a manner as to disturb or annoy any person or deprive any person of peace and quiet, other than the owner or keeper of such animal;
(b) Cause injury to a person, animal, or property, or show a propensity to cause injury to persons, animals, or property;
(c) Chase persons or vehicles;
(d) Injure or kill an animal belonging to a person other than the owner or keeper of such animal;
(e) Chase, injure, or kill any animal raised or kept for use or profit;
(f) Damage property belonging to a person other than the animal’s owner or keeper.
(3) No person who keeps, possesses, or otherwise maintains any animal shall allow the accumulation of raw or untreated animal manure which creates an offensive odor to occur upon any property, whether public or private.
(4) No person shall:
(a) Subject any animal to mistreatment;
(b) Kill any animal under the custody or control of another without legal privilege.
(5) The owner, keeper, or person in charge of an animal found to have committed an offense is punishable in accordance with HMC 6.05.210. (Ord. 313-2010; Ord. 234-2000 § 13, 2000)
6.05.130 Dangerous animals.
(1) No person shall keep, possess, or otherwise maintain under their control any dangerous, ferocious, or biting animal.
(2) “Dangerous, ferocious, or biting animal” includes any such animal which, with a lack of provocation, is likely to injure, attack, or otherwise threaten the lawful presence of any person or animal.
(3) In addition to any fines or other penalties provided in this chapter, the council may order such disposition of any dangerous, ferocious, or biting animal as it considers necessary for the safety or health of the public. (Ord. 234-2000 § 14, 2000)
6.05.140 Wild animals.
(1) No person shall keep or possess or otherwise maintain any wild animal within the city limits, except for purposes of public display.
(2) “Public display” means keeping in a public place approved by the council for the sole purpose of exhibiting wild animals held in captivity and open to the general public during reasonable hours.
(3) No wild animal shall be allowed to run at large or to run at large upon the property of the person authorized to keep, possess, or otherwise control such animal. A violation of any section of this chapter constitutes a Class I civil infraction and shall be handled according to the procedures established by ordinance relating to civil infractions. (Ord. 234-2000 § 15, 2000)
6.05.150 Exotic animals prohibited.
Subject to ORS 609.205, “exotic animal” as defined in ORS 609.305, no person shall keep or maintain one or more exotic, wild or dangerous animals. The keeping or maintenance of an exotic, wild or dangerous animal is a public nuisance and shall be abated in conformity with the requirements of this chapter. (Ord. 346-2016 § 1; Ord. 234-2000 § 16, 2000)
6.05.160 Disposition of habitual offenders.
In addition to any fines or other penalties provided herein, the council may order such disposition of the animal as it considers necessary for the safety or health of the public. (Ord. 234-2000 § 17, 2000)
6.05.170 Shelter requirements.
(1) The owner or keeper of any animal shall provide adequate shelter for such animal. Adequate shelter means that which provides protection from the meteorological elements.
(2) The council may prohibit the housing or keeping of any animal within the city limits when such housing or keeping may impair the public health, welfare, safety, or create a nuisance.
The council may direct the animal control official to deliver a written notice to the owner or keeper of such animal, directing the owner or keeper to remove the animal with seven days from the service of such notice. (Ord. 234-2000 § 18, 2000)
6.05.180 Keeping of livestock, certain chickens and/or domesticated rabbits within the city limits of the city of Hubbard.
(1) No person owning, possessing, or having control of livestock, shall keep such animals unless they are contained in a secure fenced area on a lot having an area of at least 32,670 square feet (0.75 acre) per animal.
(2) Up to four female chickens or domesticated rabbits, or any combination thereof, may be kept on any lot with a minimum area of 5,000 square feet, up to five of such animals on any lot with a minimum area of 7,000 square feet, up to six of such animals on any lot with a minimum area of 10,000 square feet, or up to eight of such animals on any lot over 10,000 square feet. Waste from such animals shall not be allowed to accumulate. Chicken and rabbit food shall be stored in rodent-proof containers at all times.
(3) Male chickens (roosters) and any other poultry shall not be owned, possessed or maintained within the city limits of the city of Hubbard.
(4) Pens, hutches, fencing or other containment shall be maintained to confine such animals to owner’s property at all times.
(5) All structures that house livestock, female chickens and rabbits shall be subject to Building Code and Development Code requirements and shall be located at least 20 feet from all neighboring residences, at least five feet from any side property line and at least 10 feet from the rear property line and shall not be located in front of the primary residential structure.
(6) No livestock, poultry or rabbits shall be slaughtered on the subject property for commercial purposes.
(7) Nonconforming Use. For livestock being kept on parcels of less than 32,670 square feet (0.75 acres) per animal, this section shall not preclude any person from continuing to keep or replace livestock which were being kept within the city limits of the city of Hubbard on or before the adoption date of the ordinance codified in this chapter.
(8) Cessation of Use. For parcels of less than 32,670 square feet (0.75 acres), if a nonconforming use for keeping of the livestock is discontinued for a period of 90 days or more, or if the property comes under different ownership, the keeping of livestock shall cease and may not be resumed. (Ord. 313-2010; Ord. 292-2006 § 1; Ord. 234-2000 § 19, 2000)
6.05.185 Keeping bees.
Honeybees may be kept in the city consistent with the following standards:
(1) Honeybee colonies shall only be kept on a lot or parcel that has a single-family detached dwelling in which the beekeeper resides.
(2) The number of colonies shall not exceed one on any lot with a minimum area of 5,000 square feet, up to two colonies on any lot with a minimum area of 7,000 square feet, and up to three colonies on any lot 10,000 square feet or larger. The number of hives per lot may be increased by two during the current beekeeping season when those additional hives are formed by the making of splits or the collection of swarms. Every February the hives shall be reduced to the original lot requirement.
(3) All portions of the hives/colony enclosures shall be located in side and/or in rear yards.
(4) A flyway barrier at least six feet in height consisting of a solid wall, solid fencing material, dense vegetation or combination thereof that is parallel to the property line and extends 10 feet beyond the colony in each direction, unless the adjoining property is undeveloped for a minimum of 25 feet past the property line.
(5) Colonies shall be maintained in moveable-frame hives with adequate space and management techniques to prevent overcrowding.
(6) Beekeeper shall maintain an adequate supply of water for colonies located within 25 feet of each hive on the property where the honeybees are located.
(7) Beekeeper will abide by any disease prevention directive issued by the State of Oregon Department of Agriculture.
(8) Beekeeping appliances shall be kept in a clean condition at all times by taking such action as deemed necessary to prevent any condition which may be dangerous or detrimental to the public health, the health of the colony or constitute a nuisance.
(9) Bees kept on agriculture-use property that are properly registered with the state of Oregon are exempt from this code. (Ord. 346-2016 § 2)
6.05.190 Dead animals – Carcass removal.
No person may permit the carcass of any animal kept, possessed, or otherwise maintained under that person’s control to remain upon any public street or other public place or upon any private property for over 24 hours. Honeybees are exempt from this section. (Ord. 346-2016 § 1; Ord. 234-2000 § 20, 2000)
6.05.200 Summary destruction of certain animals.
Any animal, whether domestic or wild, which presents an imminent threat of serious physical injury or death to any person or other animal, or which has caused injury or death to any person or other animal, and which, under the immediate circumstances, cannot be captured or impounded as provided in this chapter, may be summarily destroyed in as humane a manner as is practicable under the existing circumstances. (Ord. 234-2000 § 21, 2000)
6.05.210 Violation – Penalty.
A violation of any section of this chapter constitutes a Class I civil infraction and shall be handled according to the procedures established by ordinance relating to civil infractions. (Ord. 234-2000 § 22, 2000)