Chapter 6.08
DOGS
Sections:
6.08.000 Construction and interpretation.
6.08.020 Dangerous dogs – Liability.
6.08.030 Violation – Enforcement.
6.08.070 Violations – Forfeiture – Continuing violations.
6.08.080 Nuisances – Additional remedies.
6.08.090 Investigation, impoundment and destruction.
Prior legislation: Ords. 82-15 and 84-14.
6.08.000 Construction and interpretation.
A. This chapter is intended to require control of dogs within the city, establish penalties for violation, and provide for enforcement.
B. The provisions of this chapter are intended to harmonize with ORS Chapter 609, as amended by SB 844 (C. 840, Oregon Laws 2005) and as may be amended hereafter. If interpretation of any provision of this chapter is required in order to apply or enforce its requirements, the more restrictive provision shall apply. (Ord. 2006-02 § 2)
6.08.010 Definitions.
As used in this section, the following words have the following meaning:
“Dangerous dog” means a dog that:
1. Without provocation and in an aggressive manner inflicts serious physical injury, as defined in this section, on a person or kills a person;
2. Acts as a potentially dangerous dog, as defined in this section, after having previously committed an act as a potentially dangerous dog that resulted in the keeper being found to have violated ORS 609.095 or LCMC 6.08.030(B); or
3. Is used as a weapon in the commission of a crime.
“Keeper” means a person who owns, possesses, controls or otherwise has charge of a dog, other than:
1. A licensed business primarily intended to obtain a profit from the kenneling of dogs;
2. A humane society or other nonprofit animal shelter;
3. A facility impounding dogs on behalf of a city or county; or
4. A veterinary facility.
“Menaces” means lunging, growling, snarling or other behavior by a dog that would cause a reasonable person to fear for the person’s safety.
“Muzzle and restrain” means use of muzzle that is made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any human being or animal and restraint by a lead not exceeding four feet in length.
“Potentially dangerous dog” means a dog that:
1. Without provocation, and while not on premises from which the keeper may lawfully exclude others, menaces a person;
2. Without provocation, inflicts physical injury on a person that is less severe than a serious physical injury; or
3. Without provocation, and while not on premises from which the keeper may lawfully exclude others, inflicts physical injury on or kills a domestic animal, other than livestock, which is owned or possessed by a person.
“Proper enclosure” means secure confinement indoors or secure confinement in a locked pen, fenced yard, or structure measuring at least six feet in width, 12 feet in length, and six feet in height, capped if there is a dog house inside or if a dog can climb fences, with secure sides, which provides proper protection from the elements for the dog, is suitable to prevent the entry of young children, and is designed to prevent the animal from escaping while on the property.
“Running at large” means that a dog is off or outside of the premises from which the keeper of the dog may lawfully exclude others, or is not in the company of and under the control of its keeper, except if the dog is within any part of a vehicle.
“Serious physical injury” means 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. (Ord. 2006-02 § 2)
6.08.020 Dangerous dogs – Liability.
A. Except as provided in subsection (B) of this section, if a court has determined that a dog is a potentially dangerous dog, and subsequent to that determination the dog causes physical injury to a person or damage to real or personal property, the keeper of the dog is strictly liable to the injured person or property owner for any economic damages resulting from the injury or property damage.
B. Subsection (A) of this section does not apply if a physical injury is to a person provoking the dog or assaulting the dog’s keeper or to a person who trespasses upon premises from which the keeper may lawfully exclude others. (Ord. 2006-02 § 2)
6.08.030 Violation – Enforcement.
A. A person commits the crime of maintaining a dangerous dog if the person is the keeper of a dog and the person, with criminal negligence, fails to prevent the dog from engaging in the following behavior:
1. Without provocation and in an aggressive manner, the dog inflicts serious physical injury on a person or kills a person;
2. The dog acts as a potentially dangerous dog as defined in LCMC 6.08.010 after having previously committed an act as a potentially dangerous dog that resulted in the keeper being found to have violated subsection (B) of this section.
B. A person commits the crime of maintaining a potentially dangerous dog if the person is the keeper of a dog and the dog:
1. Without provocation, and while not on premises from which the keeper may lawfully exclude others, menaces a person;
2. Without provocation, inflicts physical injury on a person that is less severe than a serious physical injury; or
3. Without provocation, and while not on premises from which the keeper may lawfully exclude others, inflicts physical injury on or kills a domestic animal, other than livestock, which is owned or possessed by a person.
C. A law enforcement officer or dog control officer may cite a keeper, impound a dog, or both if:
1. The dog is found running at large in violation of LCMC 6.08.040.
2. The dog is a public nuisance as described in LCMC 6.08.060.
3. The officer has a reasonable belief that the dog is a potentially dangerous or dangerous dog. (Ord. 2006-02 § 2)
6.08.040 Dog control.
A. The keeper of any dog shall not permit such dog to run at large within the boundaries of the city except on the premises owned or controlled by the keeper of the dog.
B. The keeper of a dog who removes the dog from the premises shall have the dog under complete control at all times, by leash, cage or other means sufficient to prevent escape and injury to persons and damage to property. (Ord. 2006-02 § 2)
6.08.050 License required.
Every person owning or keeping any dog which has a set of permanent canine teeth or is six months old shall procure from the county a dog license as provided by ORS Chapter 609. (Ord. 2006-02 § 2)
6.08.060 Nuisance declared.
A. A dog is a public nuisance if it:
1. Is on probation by order of a court or county animal control board and is not secured in a proper enclosure while outdoors on the premises or muzzled and restrained in public;
2. Chases persons or vehicles on premises other than premises from which the keeper of the dog may lawfully exclude others;
3. Damages or destroys property of persons other than the keeper of the dog;
4. Scatters garbage on premises other than premises from which the keeper of the dog may lawfully exclude others;
5. Trespasses on private property of persons other than the keeper of the dog;
6. Disturbs any person by frequent or prolonged noises;
7. Is a female in heat and running at large;
8. Is a dog on probation and not contained in a proper enclosure as defined in LCMC 6.08.010; and
9. Acts as a potentially dangerous dog.
B. The keeper of a dog in the city shall not allow his or her dog to be a public nuisance under subsection (A) of this section. Failure to comply with reasonable restrictions imposed pursuant to LCMC 6.08.070(G) shall be considered evidence of allowing a dog to be a public nuisance.
C. A dog shall not be considered a public nuisance under this section 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.
D. Any person who has cause to believe a keeper is maintaining a dog that is a public nuisance may complain, either orally or in writing, to the city. The receipt of any complaint is sufficient cause for the city to investigate the matter and determine whether the keeper of the dog is in violation of this section. (Ord. 2006-02 § 2)
6.08.070 Violations – Forfeiture – Continuing violations.
A. Any person who violates LCMC 6.08.030(B) (maintaining a potentially dangerous dog) commits a Class B violation, subject to a forfeiture of $600.00 as provided in LCMC 1.16.070(A)(2).
B. Any person who violates LCMC 6.08.060(A) (public nuisance) commits a Class C violation, subject to a forfeiture of $250.00 as provided in LCMC 1.16.070(A)(3).
C. Any person who violates LCMC 6.08.040 (running at large) commits a Class D violation, subject to a forfeiture of $100.00, as provided in LCMC 1.16.070(A)(4).
D. Any person who violates LCMC 6.08.050 (license required) is subject, upon conviction, to a fine of not more than $50.00.
E. In addition to any forfeiture required under this section, the court may order a person who violates LCMC 6.08.030(B) or 6.08.060 to pay restitution for any physical injury or property damage as a result of the violation.
F. Each day’s violation of a provision of this chapter constitutes a separate offense.
G. The court shall have the authority to impose reasonable restrictions on the keeping of the dog. The keeper must pay the cost of complying with the reasonable restrictions. (Ord. 2015-10 § 5; Ord. 2006-02 § 2)
6.08.080 Nuisances – Additional remedies.
A. The city may, as an alternative to other remedies, institute injunctive or other appropriate proceedings to prevent, enjoin temporarily or permanently, or remove a nuisance that is in violation of this chapter.
B. The abatement of a nuisance is not a penalty for violation of this chapter, but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance; however, abatement of a nuisance within 10 days of the date of notice to abate or, if written protest has been filed, then abatement within 10 days of council determination that a nuisance exists will relieve the person responsible from the imposition of any forfeiture or fine under LCMC 6.08.070. (Ord. 2006-02 § 2)
6.08.090 Investigation, impoundment and destruction.
A. The city may investigate any complaint arising under this chapter and issue a citation for violation of any of its provisions as provided in Chapter 1.16 LCMC.
B. Nothing in this chapter shall prevent the city from relying on the procedures of ORS 609.090 through 609.095 to investigate and prosecute a complaint or citation under state law involving a dangerous dog or potentially dangerous dog.
C. Nothing in this chapter shall limit or restrict the authority of the city or the county board of commissioners to impound and humanely destroy dogs found to be a public nuisance pursuant to ORS Chapter 609. (Ord. 2006-02 § 2)