Chapter 6.05
REGULATION OF ANIMALS
Sections:
6.05.010 Animals in City parks.
6.05.020 Posting of signs in City parks.
6.05.040 Livestock animals and fowl.
6.05.060 Removal of dog waste.
6.05.070 Limit on number of dogs.
6.05.090 Impounding certain animals – Disposing of animals.
6.05.110 Release of unlicensed dog.
6.05.130 Dog as public nuisance – Public nuisance prohibited – Complaint.
6.05.140 Reporting biting dogs.
6.05.160 Dog licenses required.
6.05.170 Dog license fees and exceptions.
6.05.010 Animals in City parks.
The City Council or City Manager may prohibit animals in a City park, or impose conditions and limitations on such animals in a City park during public events sanctioned or sponsored by the City or its designee. The owner or person responsible for an animal in a City park in violation of this section, or who fails to comply with any conditions or limitations imposed by the City Council or City Manager under this section, shall be guilty of a civil infraction. (Ord. 877, October 7, 1980; amended by Ord. 1288, § 1, June 7, 2011. Code 1983 § 42.125.)
6.05.020 Posting of signs in City parks.
(1) Each City park shall have posted within the park a sign or signs that can be read from without the park, informing persons that dogs must be kept on a leash or chain pursuant to MCC 6.05.050. This subsection shall not apply to any enclosed area of a City park officially designated as an off-leash dog park.
(2) In the event the City Council or City Manager prohibits or imposes conditions and limitations on animals in a City park under MCC 6.05.010, temporary signs informing persons of such prohibition or conditions and limitations shall be posted in the park during the event to which such prohibition or conditions and limitations apply. (Ord. 877, October 7, 1980; amended by Ord. 1288, § 2, June 7, 2011. Code 1983 § 42.126.)
6.05.030 Penalties.
Any owner or person charged with the control of a dog found in a City park in violation of MCC 6.05.010 shall be fined not less than $10.00 nor more than $100.00. (Ord. 716, § 2; repealed by Ord. 845, § 11, December 19, 1978; reinstated by Ord. 877, October 7, 1980. Code 1983 § 42.195.)
6.05.040 Livestock animals and fowl.
(1) Except as provided in MCC 6.05.045, no person shall keep or maintain any cattle, horses, goats, sheep, pigs, hogs, rabbits, poultry or other livestock or fowl in the City of Monmouth. This subsection shall not apply to the keeping of domesticated animals that can be claimed as common household pets, where such pets can be kept safely in a residential dwelling.
(2) A person who wishes to keep an animal otherwise prohibited in subsection (1) of this section may apply to the City Manager for an exemption. The City Manager may consider and approve exemptions on parcels of property not less than one-half acre in size that are not located on any highway, arterial street or collector street in the city, and upon such terms and conditions as the City Manager may establish. The City Manager may also revoke any exemption granted for violation of the conditions of approval or circumstances that render such exemption a hazard to public health or safety. All decisions of the City Manager under this subsection may be appealed to the City Council by written notice of appeal filed within 10 days of the City Manager’s decision.
(3) A violation of this section is a civil infraction. In addition, animals kept or maintained in violation of this section are hereby declared to be a public nuisance and may be abated as provided in MCC 8.05.170 through 8.05.220. (Ord. 1288, § 3, June 7, 2011; amended by Ord. 1348, § 1, October 7, 2014. Code 1983 § 42.215.)
6.05.045 Poultry.
(1) For the purposes of this section, the following definitions apply:
(a) “Chicken” means the common domestic fowl (Gallus gallus domesticus) or its young.
(b) “Coop” means an enclosed structure providing roofed shelter for poultry.
(c) “Duck” means a fowl recognized as a domestic duck breed by the American Poultry Association, or its young.
(d) “Poultry” means chickens and ducks.
(e) “Poultry run” means a fenced area connected to a coop.
(2) Except as provided in subsection (3) of this section, the raising and keeping of poultry shall be allowed in the rear and side yards of single-family dwellings located within low density residential (RS), medium density residential (RM) and mixed density residential (MX) zones within the city, subject to the following conditions and limitations:
(a) No more than five poultry fowl per residence are allowed. Roosters and capons are prohibited.
(b) Except when under the personal control of the owner or person responsible for the fowl, poultry shall be confined at all times within a coop or a poultry run.
(c) No coop, poultry run or any other structure or enclosure that houses poultry shall be located closer than five feet from a rear lot line or side lot line, nor closer than 15 feet from any dwelling or other structure capable of being used for human habitation, not including the owner’s dwelling.
(d) Except as otherwise expressly provided in this section, coops shall comply with accessory structure requirements in MCC 18.135.010, 18.135.020, 18.135.030 and 18.135.050.
(e) Coops shall be kept clean, dry, free of noticeable odors and in good repair.
(f) The yard within which poultry and a coop and poultry run are kept shall be fully enclosed by a fence that complies with the requirements of MCC 18.135.070.
(g) Poultry may be kept and used only for personal, family and household use. No person shall sell poultry eggs, engage in poultry breeding or fertilizer production for commercial purposes.
(h) The slaughtering of poultry is prohibited.
(3) Within a planned unit development (PUD) in the low density residential (RS), medium density residential (RM), and mixed density residential (MX) zones, poultry may be maintained collectively by a homeowners association, subject to the following requirements:
(a) Poultry shall be kept within a designated urban garden, as defined by MCC 17.30.020, subject to approval of a waste management plan required by MCC 17.30.100(5).
(b) No more than 25 poultry fowl are allowed to be maintained collectively within an urban garden. Roosters and capons are prohibited.
(c) Poultry shall be confined at all times within a coop or a poultry run.
(d) The minimum size for the enclosed area which includes coop, poultry run, or any other structure that houses poultry in an urban garden shall be 2,700 square feet.
(e) No coop, poultry run or any other structure or enclosure that houses poultry in an urban garden shall be located closer than 50 feet from a lot line.
(f) No on-site composting of poultry waste in an urban garden shall be located closer than 50 feet from a lot line.
(g) Except as otherwise expressly provided in this section, coops shall comply with accessory structure requirements in MCC 18.135.010, 18.135.020, 18.135.030, and 18.135.050.
(h) Coops shall be kept clean, dry, free of noticeable odors and in good repair.
(i) The yard within which poultry and a coop and poultry run are kept shall be fully enclosed by a fence that complies with the requirements of MCC 18.135.070.
(j) Poultry may be kept and used only for personal, family and household use. No person shall sell poultry eggs, engage in poultry breeding or fertilizer production for commercial purposes.
(k) The slaughtering of poultry is prohibited.
(4) A violation of any provision of this section is a civil infraction. Each day that a violation continues shall be deemed a separate infraction. In addition, any poultry kept or maintained in violation of this section are hereby declared to be a public nuisance and may be abated as provided in MCC 8.05.170 through 8.05.220.
(5) For the purpose of subsection (4) of this section, the owner or owners and the persons in charge of property on which poultry are maintained in violation of this section shall each be liable for such violation. “Persons in charge of property” includes tenants and agents of the owner of property having responsibility for the maintenance of poultry. (Ord. 1348, § 2, October 7, 2014; amended by Ord. 1359, § 1, July 21, 2015; Ord. 1366, § 1 (Exh. A), July 5, 2016. Code 1983 § 42.220.)
6.05.050 Dogs at large.
(1) No owner or custodian of a dog shall permit the dog to run loose or be at large. “Loose” or “at large” shall mean off the premises of the owner or the person having the control, custody, or possession of the dog, while the dog is not under complete control of the owner or such person by a leash or chain not exceeding 10 feet in length, but the use of such leash or chain shall not be required when said dog is in a motor vehicle.
(2) The owner or custodian of an unspayed female dog shall keep the dog confined within an enclosure inaccessible to other dogs during the female dog’s oestrual period.
(3) A police officer, animal control officer, or community service officer may impound a dog found to be loose or running at large.
(4) Subsections (1) and (3) of this section shall not apply in any enclosed area of a City park officially designated as an off-leash dog park.
(5) A violation of this section is a civil infraction, except as provided in subsection (6) of this section.
(6) If the dog has attacked, bit or otherwise injured any person or other domestic animal while at large or out of the company and control of the owner or custodian of the dog, the violation of this section shall be punishable as a Class C misdemeanor. (Ord. 845, § 1, December 19, 1978; amended by Ord. 967, February 4, 1986; amended by Ord. 1288, § 4, June 7, 2011. Code 1983 § 42.320.)
6.05.060 Removal of dog waste.
(1) Any person, with the exception of a sightless person, responsible for any dog off the premises of the owner or person responsible for the dog, shall be in possession of tools or articles for the removal of, and shall remove, excrement deposited by the dog:
(a) In any public area, including but not limited to streets, sidewalks, parking strips, City parks and trails, ditches, swales, culverts, and similar public property or facilities; or
(b) On any private property. It is an affirmative defense to a prosecution of any charge under this subsection that the property owner or person in charge of the property consented to such use of the property.
(2) A violation of this section shall be a civil infraction. (Ord. 1288, § 5, June 7, 2011. Code 1983 § 42.321.)
6.05.070 Limit on number of dogs.
(1) It shall be unlawful for any person to own, keep, or harbor more than four dogs at the same address or on the same premises, that are six months of age or older, unless the person has been authorized to operate a kennel, as defined in and subject to the Monmouth Zoning Ordinance.
(2) The limit established by subsection (1) of this section shall not apply to persons who, on the effective date of this section, own, keep or harbor more than four dogs properly licensed pursuant to MCC 6.05.160 that are six months of age or older, for the lifetimes of the dogs in their possession; provided, that such persons may not, after the date of this section, increase the number of dogs six months of age or older that are in their possession on the effective date of this section.
(3) A violation of this section shall be a civil infraction. Each day that a continuing violation exists shall be deemed a separate violation. (Ord. 1288, § 6, June 7, 2011. Code 1983 § 42.322.)
6.05.080 Dangerous dogs.
(1) Definitions. For purposes of this section, the following mean:
“Chief” means the Chief of the Monmouth Police Department, or the Chief’s designee.
“Keeper” means the person in actual or constructive charge of a dog at the time an alleged dangerous act occurs.
“Menaces” or “menacing” means lunging, growling, snarling or other behavior by a dog that would cause a reasonable person to fear for the person’s safety.
“Notice” means a dangerous dog notice.
“Officer” means a police officer, community service officer, the City of Monmouth Animal Control Officer, and the Polk County Animal Control Officer.
“Order” means a dangerous dog order.
“Owner” means the person(s) named on the dog’s license as the owner, and if a dog is not licensed, the person(s) who claim ownership of the dog.
“Provoking” means acting in a manner which a reasonable person would believe would cause the dog to act as a dangerous dog.
(2) A dog is a dangerous dog if it:
(a) Attacks, bites or otherwise injures any person or other domestic animal; or
(b) Menaces any person.
(3) Exception to Dog as a Dangerous Dog. A dog is not a dangerous dog if it commits an act described in subsection (2) of this section against a person:
(a) Wrongfully assaulting the dog, the dog’s owner, or another person;
(b) Provoking the dog;
(c) Trespassing upon premises occupied by the dog’s owner, or upon another premises where the dog is present with the consent of the person(s) in charge of that premises; and
(i) Provoking the dog;
(ii) Intending to commit an additional crime; or
(iii) After climbing over a fence or other enclosure with knowledge that the dog is enclosed.
(4) Reasonable Restrictions. Upon a finding that a dog is a dangerous dog, the owner of the dog can be ordered, pursuant to subsection (6) of this section, to impose reasonable restrictions on the dog, including, but not limited to, the following:
(a) Posting signs with “Beware Dangerous Dog” in letters not less than three inches high, which clearly contrast with the background color of the sign, on each portion of a fence or other enclosure that faces a sidewalk, street, or alley and encloses the dog, and one sign in any unenclosed area accessible to the dog when not under the direct control of the owner;
(b) Confining the dog in an outdoor kennel constructed of not less than nine gauge chain link with each side panel and roof panel reinforced on all four sides with a tension bar. The kennel shall be kept locked at all times the dog is in the kennel;
(c) Requiring the dog to be restrained by an adequate leash and muzzle and be under the direct control of the owner at all times when off the owner’s property;
(d) Requiring any area to which the dog has access when not under the direct control of the owner to be enclosed by fencing not less than six feet high or such other height as is allowed by the Monmouth Development Code, and constructed of materials and in a manner adequate to prevent escape;
(e) Impounding the dog, at the owner’s expense, until other imposed reasonable restrictions are in place;
(f) Prohibiting the dog from remaining in or returning to the City;
(g) Implanting an identifying microchip in accordance with the rules of the State Department of Agriculture. Implantation shall be made prior to any adoption or relocation of the dog. The microchip information and the record of the dog shall be forwarded to the Department of Agriculture. The City may charge reasonable fees to the dog owner to cover the cost of conducting and administering the microchip implantation program;
(h) Requiring the dog to be euthanized in a humane manner. In determining whether a dangerous dog should be euthanized, the following factors shall be considered:
(i) The circumstances of the bite, including whether the dog was provoked by the person bitten or any other person;
(ii) Whether the owner has a history of owning or keeping dangerous dogs, or a history of allowing dog(s) to run at large, within the City or at any other location;
(iii) The impact of owner’s actions on the behavior of the dog;
(iv) The severity of the bite;
(v) The ability and inclination of the owner to prevent the dog from behaving as a dangerous dog;
(vi) Whether the dog can be relocated to a secure facility;
(vii) The effect that a transfer of ownership would have on ensuring public safety;
(viii) Whether the dog acted as a dangerous dog prior to or after the notice and order; and
(ix) Any other factors the decision maker may deem relevant.
(5) Bite of Persons. In addition to the provisions of this chapter, a dog that bites a person shall be dealt with under the rules of the Oregon Health Division Acute and Communicable Diseases Program.
(6) Dangerous Dog Notice. Any officer with reasonable ground to believe a dog is a dangerous dog may issue the dog’s owner written notice which includes the following:
(a) That the dog is considered dangerous;
(b) A description of the alleged dangerous act, including the date, time, and approximate location where the dangerous act occurred;
(c) Temporary restrictions that are immediately effective;
(d) The penalties for failures to institute and maintain temporary or permanent restrictions;
(e) The name, address, and telephone number of the owner;
(f) That the owner may request a hearing on the notice by submitting a request to the Chief within 10 days of the date the notice was issued and if a hearing is not requested, that the notice shall, without further action, constitute a dangerous dog order.
(7) Owner to Be Served. If not initially served, the person named as the dog’s owner on the dog’s license shall be served the notice provided under subsection (6) of this section. If the dog is not licensed, or the owner cannot be determined or found, the dog may be impounded as provided in MCC 6.05.090. Failure to serve the owner shall not preclude a dangerous dog proceeding under this section.
(8) Emergency Temporary Restrictions. If an officer issuing a notice under subsection (6) of this section has reasonable grounds to believe the dog alleged to be dangerous will, before an order can be entered, commit another act described in subsection (2) of this section, the officer, at any time prior to the entry of an order, may, in the original notice or in an amended notice, impose temporary reasonable restrictions, except euthanasia, to keep the dog from committing another such act. The temporary restrictions shall be effective upon service of such notice.
(9) Conduct of Hearing. A hearing requested under subsection (6)(f) of this section shall be held before the Chief within 10 days of the date the notice was issued, and shall be informal, with such rules of evidence and procedure as the Chief believes are necessary for the reliability and expediency of the hearing, subject to the following:
(a) Proof of Payment Required. Before a hearing is scheduled, the owner must present written proof that all kennel, licensing, and veterinary costs of the dog have been paid in full. Additionally, if the dog will be impounded until the hearing takes place, kennel costs must be prepaid for a period of time which ends 14 calendar days after the date of the hearing.
(b) The officer who issued the notice may appear by report only. The person requesting the hearing, and any witnesses, may appear personally, by telephone, or by written statement.
(c) The Chief shall cause notice of the date of the hearing to be mailed to the owner on the same day the Chief sets the hearing. The owner shall be entitled to one rescheduling by submitting a written request to the Chief which includes acknowledgment that any temporary restrictions will continue until the Chief’s decision is issued.
(d) The Chief shall issue a written decision which affirms, modifies, or dismisses the notice and, unless dismissed, which sets forth any modifications to the reasonable restrictions set forth in the notice, within five business days of the hearing. The notice and the Chief’s decision shall constitute an order.
(e) Only the Chief may recommend euthanasia as a reasonable restriction. In the event of such a recommendation there shall be automatic review by the Municipal Court pursuant to subsection (11) of this section, without a filing fee, of each case where the Chief recommends euthanasia.
(f) The order shall be mailed to the owner within five days after the hearing. The decision shall include a statement that the recipient of the Chief’s decision is entitled to appeal the Chief’s decision to the Municipal Court by filing a notice of appeal and a $150.00 nonrefundable filing fee with the Municipal Court within 10 days after the date the decisions and dangerous dog order is mailed, except as provided in subsection (9)(e) of this section.
(g) Failure to serve the owner shall not preclude the availability of a hearing nor the effectiveness of the order.
(10) Proof of Compliance. The owner shall provide acceptable proof of compliance with the emergency temporary restrictions, and the terms of an order to the Chief on or before the tenth day after service of the notice or order.
(a) If proof of compliance is not provided within 10 days, there is a rebuttable presumption of a failure to comply. If the Chief finds the proof which was submitted is unacceptable, the Chief shall send notice of that finding to the owner within five days after the proof was submitted and the owner shall have 10 days from the date the finding was mailed to provide acceptable proof of compliance and upon a failure to do so, there is a rebuttable presumption of a failure to comply and the owner may then be cited into the Monmouth Municipal Court under subsection (12)(a) of this section.
(b) A dog that is subject to emergency temporary restrictions or an order may be seized and impounded by an officer until proof of compliance under subsection (10)(a) of this section is received.
(11) Appeal. The owner may appeal the Chief’s decision to the Municipal Court by filing a written request, with the owner’s name, address, telephone number, and the address where the dog is kept, if different, and except when euthanasia is recommended, a $150.00 fee with the Court within 10 business days after the Chief’s order was mailed. The appeal to the Municipal Court shall be de novo. The filing of an appeal does not stay the order.
(a) The Municipal Court shall schedule the hearing on the appeal for a date that is not more than 10 days after the Municipal Court receives the record, if the dog is impounded, or otherwise within 30 days, and shall provide written notice to the appellant, the Chief, and to the officer who issued the notice, of the hearing date.
(b) The Municipal Court’s decision shall be issued and mailed to the owner and the Chief within five days of the date of the hearing, if the dog is impounded, or otherwise within 30 days, and shall be effective when personally served upon the owner, or three days after it is mailed to the owner at the address in the appeal request, whichever first occurs.
(12) Violations.
(a) An owner who is served a notice or order, or who otherwise is aware of the restrictions in the notice or order, and fails to immediately institute and maintain such restrictions shall be guilty of a violation punishable by a fine of not to exceed $1,000 and an additional fine not to exceed $250.00 for each day the failure to institute and maintain such restrictions continues.
(b) The owner of a dog subject to reasonable restrictions who has knowledge of the restrictions and transfers possession or ownership of that dog to a keeper or new owner without notifying the new owner or keeper of the restrictions shall be guilty of a violation, punishable for a fine not to exceed $1,000.
(c) Any owner or keeper who knowingly hides or harbors a dog with the intent to hinder an investigation into whether the dog is a dangerous dog or whether reasonable restrictions have been implemented or maintained shall be guilty of a violation, punishable by a fine of not to exceed $1,000 and an additional fine of not to exceed $250.00 per day for each day the dog is hidden or harbored.
(d) An order of the Polk County Dog Board regarding a dangerous dog shall be considered an order subject to the provisions of this subsection (12) if the dog is within the City regardless of whether the restrictions in that order are set forth in subsection (4) of this section. Such violations are enforceable and punishable in the Monmouth Municipal Court in the same manner as if the order had been issued by the City, including the enhanced penalty under subsection (12)(e) of this section.
(e) If a dog subject to a notice or order bites a person while the owner is in violation of the provisions of subsection (12)(a), (b), or (c) of this section, the owner shall be guilty of a Class C misdemeanor.
(f) If a dog subject to a notice or order bites a person while a keeper of the dog is aware of noncompliance with the restrictions and exposes the dog to the person who was bitten, the keeper shall be guilty of a Class C misdemeanor.
(13) Nothing herein shall prevent or prohibit an officer from referring an alleged dangerous dog to Polk County.
(14) Concurrent jurisdiction to enforce the terms of this section is granted to Polk County. (Ord. 1288, § 7, June 7, 2011. Code 1983 § 42.323.)
6.05.090 Impounding certain animals – Disposing of animals.
(1) When any animal is found running at large or is impounded pursuant to MCC 6.05.080, the Chief of Police or the Chief’s designee may impound the animal pursuant to this section.
(2) When an animal at large is impounded, the Chief of Police, or the Chief’s designee, shall post on the bulletin board at the Police Department a notice giving the description of the animal, and the time and place where the animal was found to be running at large. Such notice shall be posted for three days for unlicensed animals and five days for licensed dogs. If the impounded dog is licensed, or if the owner of the impounded animal is otherwise personally known to the Chief, reasonable efforts shall be made to personally notify the owner while the notice is posted.
(3) A dog impounded pursuant to MCC 6.05.080 shall remain impounded until all conditions imposed under MCC 6.05.080 have been met and all other conditions for the redemption of the dog have been satisfied.
(4) If the owner fails to redeem an animal impounded under this chapter, within three days from the date of impoundment if it is an unlicensed animal, within five days from the date of impoundment if it is a licensed dog, or within 14 days of the date a final dangerous dog order issued under MCC 6.05.080 was issued, the animal may be euthanized in a humane manner or sold, adopted or delivered to a governmental or charitable organization for humane and appropriate care or disposition, if the Chief is of the opinion that public safety will not be jeopardized thereby.
(5) An animal impounded for biting or killing a person shall be held for not less than 10 days before destruction to determine if the animal is rabid.
(6) Any animal running at large which, because of its disposition or diseased condition, is deemed too hazardous to apprehend may be destroyed by a peace officer, animal control officer, or by any person acting in the person’s self defense or defense of family or another person.
(7) The owner of an animal impounded under this section may appeal to the City Manager for the release of the animal, provided the appeal is filed within three days of the date of the seizure and impoundment, and the City Manager shall thereupon set a time and place for a hearing on such appeal and shall notify the owner and the Chief thereof. The City Manager shall have authority to determine whether the animal has been wrongfully impounded and whether it should be returned to its owner, and on what terms. The City Manager’s decision on such an appeal shall be final. (Ord. 845, § 2, December 19, 1979; amended by Ord. 967, February 4, 1986; amended by Ord. 1288, § 8, June 7, 2011. Code 1983 § 42.325.)
6.05.100 License required.
No person shall own or keep a dog within the City unless the dog is licensed according to the laws of the State of Oregon and the ordinances of Polk County, Oregon. (Ord. 972, § 1, June 3, 1986. Code 1983 § 42.326.)
6.05.110 Release of unlicensed dog.
If a dog impounded pursuant to MCC 6.05.050 or 6.05.080 is found to be unlicensed, then, in addition to all other conditions of release that may be imposed, the owner or custodian of the dog shall be required to obtain a current license for the dog pursuant to MCC 6.05.160. (Ord. 972, § 2, June 3, 1986; amended by Ord. 1244 § 1, December 5, 2006; amended by Ord. 1288, § 9, June 7, 2011. Code 1983 § 42.327.)
6.05.120 Redemption.
Any person redeeming an impounded animal shall pay any other impound fee, plus the total of the daily care expenses incurred during the period of impoundment, together with any other expenses incurred by the City in the keeping of the animal. (Ord. 845, § 3, December 19, 1978; amended by Ord. 967, February 4, 1986; amended by Ord. 1288, § 10, June 7, 2011. Code 1983 § 42.330.)
6.05.130 Dog as public nuisance – Public nuisance prohibited – Complaint.
(1) A dog is a public nuisance if it:
(a) Bites, injures, or causes injury to a person;
(b) Chases or threatens vehicles or persons;
(c) Damages or destroys property of persons other than the owner of the dog;
(d) Scatters garbage;
(e) Trespasses on private property of persons other than the owner of the dog;
(f) Disturbs any person by frequent or prolonged noises; or
(g) Is a female in heat and running at large.
(2) The owner or keeper of a dog in the City shall not allow his or her dog to be a public nuisance under subsection (1) of this section.
(3) Any person who has cause to believe a dog is being maintained as a public nuisance may complain, either orally or in writing, to the Chief of Police or his designate. The complaint shall be considered sufficient cause for the City to investigate the matter and determine if the owner or keeper of the dog is in violation of subsection (2) of this section.
(4) A dog shall not be considered a public nuisance under this section or destroyed under MCC 6.05.090 if he bites a person wrongfully assaulting the dog or the dog’s owner or if he bites a person trespassing upon premises occupied by the dog’s owner after being provoked by that person. (Ord. 845, § 6, December 19, 1978; amended by Ord. 967, February 4, 1986. Code 1983 § 42.345.)
6.05.140 Reporting biting dogs.
(1) The owner of a dog which bites a human being shall immediately notify the City of such bite, giving the name and address of the person bitten, if known.
(2) Any person who is bitten by a dog shall forthwith notify the City of such bite, giving a description of the dog and the name and address of the owner, if known.
(3) When a doctor, veterinarian, or hospital employee has information that a person has been bitten by a dog, such person shall forthwith notify the City. (Ord. 845, § 7, December 19, 1978; amended by Ord. 967, February 4, 1986. Code 1983 § 42.350.)
6.05.150 Invalidity.
If any part or section of this chapter is declared by the courts to be unconstitutional, or in violation of any of the provisions of the Charter of the City of Monmouth, Oregon, or in violation of any State law of the State of Oregon or invalid for any other reason, such declaration shall not affect the validity of any other portion or section of this chapter. (Ord. 845, § 10, Dec. 19, 1978; amended by Ord. 967, Feb. 4, 1986. Code 1983 § 42.365.)
6.05.160 Dog licenses required.
(1) It shall be unlawful for any owner or custodian of a dog kept within the City to fail to obtain a license for such dog as required pursuant to this section and thereafter to securely fasten a license tag issued by the City to the dog’s collar or harness and insure that it is kept on the dog at all times when the dog is not in the immediate physical custody and control of the owner or custodian.
(2) Every person owning or having custody of a dog which has a set of permanent canine teeth or is six months old, whichever comes first, shall immediately obtain a license for the dog by paying to the City a license fee as provided by MCC 6.05.170. (Ord. 1015, § 1, June 6, 1989. Code 1983 § 42.375.)
6.05.170 Dog license fees and exceptions.
(1) The dog license fee which is due and payable upon the issuance of a license shall be as set forth by resolution of the City Council.
(2) Persons applying for the neutered or spayed dog license fee must present to the permit application center a certificate from a licensed veterinarian stating that the dog to be licensed has been so neutered or spayed.
(3) Licenses shall be valid for one to three years and may be prorated for any period of time more than one year and less than three years from the date of issuance if the rabies certificate required in subsection (4) of this section expires within that time frame. At the time of issuing a license the City shall supply a suitable identification tag, which shall be fastened to the dog as required by MCC 6.05.160.
(4) No license shall be issued until a certificate of vaccination for rabies, valid for the license year, is presented to the permit application center.
(5) No license fee shall be required to be paid for a dog that is an assistance animal, as defined in ORS 659A.143(1)(a). (Ord. 1015, § 1, June 6, 1989; amended by Ord. 1244, § 2, Dec. 5, 2006; Ord. 1403, § 1, December 7, 2021. Code 1983 § 42.380.)
6.05.180 Penalties.
Any person violating any provisions of MCC 6.05.160 or 6.05.170 shall be subject to a fine not to exceed $250.00. (Code 1983 § 42.385.)