Chapter 6.05
DOGS
Sections:
6.05.040 Impoundment procedures and fees.
6.05.060 Sick, injured and dead dogs.
6.05.080 Public nuisance prohibited.
Legislative history: Ords. 506 and 600.
6.05.010 Title and purpose.
(1) Short Title. This chapter shall be referred to as the city of Myrtle Creek dog control ordinance.
(2) Purpose. The purpose of this chapter is to provide for a humane dog control program which will benefit both the human and animal populations. [Ord. 501 § 1, 1981].
6.05.020 Definitions.
For purposes of this chapter, certain terms and words are defined as follows:
“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 over a period of 24 hours.
Animal. Unless the context of the sentence expressly indicates otherwise, “animal” shall mean dog.
“Animal shelter” means facility designated or recognized by the city of Myrtle Creek for the purpose of impounding and caring for dogs; includes the terms “dog pound” or “city pound.”
“Barking dog” means a dog which persistently barks or howls, thereby creating a nuisance.
“County” means Douglas County, Oregon, and includes the Douglas County department of animal and predator control and other departments as appropriate.
“Court” means the municipal court of the city of Myrtle Creek.
“Dog” includes both male and female.
“Identification tag” means a tag supplied by Douglas County upon issuance of a dog license.
“Kennel” means a parcel of land used for breeding or boarding four or more dogs which are six months old or older.
“Leash” means any humane device constructed of rope, leather strap, chain or other sturdy material not exceeding eight feet in length, being held in the hand of a person capable of controlling the animal to which it is attached.
“Livestock” means cattle, sheep, horses, goats, swine, fowl, poultry, and any fur bearing animal bred and maintained commercially or otherwise within pens, cages and hutches.
“Owner” means any person, firm, association, or corporation who is the licensed owner of a dog, or who has a right of property in a dog, or who harbors a dog or who has it in his care, possession, custody or control or who knowingly permits a dog to remain on any premises occupied by him.
Parks. For the purpose of this chapter, the term “parks,” unless otherwise stated, shall mean Millsite Park, Evergreen Park, the RV park, and all other public parks within the city limits.
Restraint. A dog shall be considered under “restraint” if it is within the real property limits of its owner, or secured by a leash, or under the control of a responsible person.
“Running at large” means a dog, inside the corporate limits of the city of Myrtle Creek, off the premises of the owner and not under complete control by adequate restraint.
Vicious Dog. Any dog which has the propensity to bite or attack any person without provocation and the capacity to inflict serious harm on that person shall be regarded as “vicious.” It shall be presumed that any dog which has bitten a human being on two occasions without provocation is a vicious dog. [Ord. 501 § 2, 1981].
6.05.030 Dog licenses.
(1) License Required. Every person owning or keeping any dog which has a set of permanent canine teeth or is six months old, whichever comes first, shall, not later than March 1st of each year or within 30 days after he becomes owner or keeper of the dog, procure from Douglas County a license for the dog by paying to Douglas County a license fee which shall be determined by the Douglas County governing body. Douglas County may provide for dates other than March 1st for annual payment of fees.
(2) Guide Dogs.
(a) No license fee shall be required to be paid for any dog owned by a blind person who uses it as a guide. A license shall be issued for such dog upon filing with Douglas County an affidavit by the blind person showing such a dog to come within this exemption.
(b) No license fee shall be required to be paid for any dog owned and used as a guide dog by a deaf person.
(3) Identification Tag. The license tag issued by Douglas County shall be fastened by the licensee to a collar and kept on the dog at all times when not in the immediate possession of the licensee.
(4) Exceptions. The provisions of this section do not apply to dogs whose owners are nonresidents. [Ord. 501 § 3, 1981].
6.05.040 Impoundment procedures and fees.
(1) Authorization for Impoundment. When any dog is found running at large in the city of Myrtle Creek, or when a dog is a public nuisance described in MCMC 6.05.080, it shall be the duty of each and every police officer or dog control officer to impound the dog in the city pound or other suitable place or cite the owner or keeper to court or do both.
(2) Impoundment Period.
(a) Except as otherwise stated herein, all dogs taken up and impounded under this section shall be held for at least three days if the dog is without a license or identification tag and for at least five days if the dog has a license or identification tag. A reasonable effort shall be made to notify the owner of a dog before the dog is removed from impoundment.
(b) Any dog impounded for biting a person shall be held in quarantine in accordance with MCMC 6.05.050.
(c) Any dog impounded for violation of MCMC 6.05.080(6) may, in lieu of impoundment in the city pound, be immediately turned over to the Douglas County animal control authority for impoundment, testing and determination in accordance with state law.
(3) Release. If no owner appears to redeem a dog within the allotted time, the dog may be released for adoption or to the Douglas County animal control authority for disposition in accordance with state law.
(4) Redemption and Payment of Fees.
(a) If the owner appears and redeems the dog at the city of Myrtle Creek pound, he shall pay the applicable impoundment fee, in accordance with subsection (5) of this section, and also pay the expense of keeping the dog during the time it was impounded in accordance with subsection (5) of this section. If the dog is unlicensed, the owner shall also purchase a license. The dog control officer may release the dog in order that the license may be procured upon receiving assurance from the owner that a license will be purchased in accordance with MCMC 6.05.030.
(b) Except as provided in subsection (3) of this section, if no owner appears to redeem a dog within the allotted time, the dog control officer may release the dog to a responsible person upon payment of cost of keep during its impoundment in accordance with subsection (5) of this section and (i) upon receiving assurance that the person will properly care for the dog and not allow it to become a nuisance and (ii) upon receiving assurance that the person will purchase a license, if applicable. The person shall thereafter be liable as owner of the dog as provided by this chapter.
(c) Any unlicensed dog which appears to be suffering from an infectious or dangerous disease or which has been impounded for biting a person shall not be released for sale.
(5) Impoundment Fees and Costs of Keep.
(a) The impoundment fee shall not be less than $10.00 for the first impoundment and not less than $30.00 for each subsequent impoundment.
(b) The expense of keeping any dog during the time it is impounded at the city pound shall be charged at a rate of $2.50 per day.
(6) Disposal by Owner. Any dog given to the dog control officer by the owner for disposal may be immediately turned over to the Douglas County animal shelter to be destroyed or, in the alternative, sold to any person. Dogs specifically requested by the owner to be destroyed shall be destroyed and a fee of $3.50 shall be charged by the city of Myrtle Creek for the disposition of such animal. [Ord. 501 § 4, 1981].
6.05.050 Quarantine.
(1) Notice of Quarantine. When either the dog control officer or the departments of public health and sanitation or public safety of Douglas County 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 owner shall thereupon be required to quarantine the dog for 10 days. The biting of any person by the dog shall constitute adequate grounds for suspecting the dog to be infected. The delivery of the notice to a member of the owner’s family 14 years of age or older at the premises where the dog is kept or at the owner’s usual place of abode shall be considered a delivery of the notice to the owner. Any dog required to be quarantined shall be confined as follows:
(a) On the owner’s premises in such a manner as to prevent it from being in contact with any other animal or person; or
(b) At the owner’s expense in a veterinary hospital, the Douglas County humane society, or a kennel approved by either the department of health and sanitation or the dog control officer.
(2) Any dog that has been bitten by a dog or other animal proved to be rabid shall be adequate grounds for suspecting the dog to be rabid and the dog shall be quarantined per subsection (1) of this section.
(3) If a dog exhibits symptoms of rabies while it is under quarantine, the director of public health may order in writing that it be destroyed and that its head be submitted to the Oregon State Health Laboratory. [Ord. 501 § 5, 1981].
6.05.060 Sick, injured and dead dogs.
(1) Sick or Injured Dogs. Any sick or injured dog found by a peace officer or dog control officer off the premises of its owner may, at the officer’s discretion, be delivered to its owner or impounded. Any such dog for which the owner is either unknown or cannot be reached after reasonable attempts to do so may be immediately delivered to the Douglas County animal control authority for impoundment in accordance with state law. The Douglas County animal control authority shall determine whether:
(a) The dog is so severely injured or incurably crippled that the humane thing to do would be to destroy the dog; or
(b) Any police officer or dog control officer may humanely destroy any dog too severely injured to move and not on the property of its owner, when the owner is either unknown or cannot be reached after reasonable attempts to do so.
(2) Removal of Carcass. No person shall knowingly permit a dog carcass owned by him to remain on public property or to be exposed on private property. Such carcass shall be removed and properly disposed of within 24 hours. [Ord. 501 § 6, 1981].
6.05.070 Running at large.
(1) Running at Large Prohibited.
(a) Dogs are hereby prohibited from running at large within the corporate limits of the city of Myrtle Creek.
(b) As used in this section, running at large does not include:
(i) Use to control or protect livestock or use in other related agricultural activities; or
(ii) In obedience or field training exercise under the direct supervision of a handler.
(2) Violation. Any person who is owner or who has control or possession of a dog that is, or has been, running at large is guilty of a violation of this section if he permits or causes the dog to run at large in the city of Myrtle Creek. [Ord. 501 § 7, 1981].
6.05.080 Public nuisance prohibited.
(1) Public Nuisance Defined. A dog is a public nuisance if it:
(a) Bites a person;
(b) Chases vehicles or persons;
(c) Damages or destroys property of persons other than the owner of the dog;
(d) Soils, defiles or defecates on private property other than the owner’s or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner;
(e) Scatters garbage;
(f) Causes unsanitary, dangerous or offensive conditions;
(g) Trespasses on private property of persons other than the owner of the dog;
(h) Molests, attacks or interferes with persons or other domestic animals on public property;
(i) Disturbs any person by frequent or prolonged noises;
(j) Is a female in heat and running at large; or
(k) Is not under complete control of an adequate leash while in the parks.
(2) Violation. The owner or keeper of a dog in the corporate limits of the city of Myrtle Creek shall not allow his dog to be a public nuisance under subsection (1) of this section.
(3) Complaint. 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 city of Myrtle Creek police department. The complaint shall be considered sufficient cause for the dog control officer or other police officer to investigate the matter and determine if the owner or keeper of the dog is in violation of subsection (1) of this section.
(4) Owner May Forfeit Bail. A citation issued for violation of this section shall give the person cited the option of forfeiture of bail in lieu of appearance in court.
(5) Exception. A dog shall not be considered a public nuisance under this section or destroyed under MCMC 6.05.040 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.
Dogs may be allowed in parks on special occasions with the written approval of the city administrator.
(6) Dog that Kills or Injures Livestock. ORS 609.140 through 609.190 are hereby adopted by reference to provide for dogs which are suspected of killing or injuring livestock. [Ord. 501 § 8, 1981].
6.05.090 Vicious dogs.
(1) Keeping of Vicious Dogs Prohibited. No person shall own a vicious dog.
(2) Impoundment. A vicious dog may be impounded by any police officer or dog control officer and disposed of in accordance with the provisions of this chapter for the impoundment and disposition of dogs.
(3) Authorization to Destroy. 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, dog control officer, or by a person acting in defense of himself, his family, or another person.
(4) Appeal. A dog owner whose dog is impounded as a vicious dog under the provisions of this section, believing himself aggrieved by the seizure and impounding of the dog, may apply to the municipal judge for the release of his dog, and the municipal judge shall thereupon set a time and 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. [Ord. 501 § 9, 1981].
6.05.100 Enforcement.
(1) The chief of police is hereby designated as the animal control authority and is directed to take all steps necessary to enforce this chapter. Upon reasonable complaint by any person, the chief of police is hereby authorized and directed to determine the ownership of any animal found running at large. Where a violation of this chapter is determined to have occurred, based on investigation, the chief of police is authorized and directed to file a complaint in the municipal court of the city of Myrtle Creek against said person found to be in violation of this chapter.
(2) Any dog control officer or any police officer shall have the privilege of entering onto private land in the course of the officer’s duties in enforcing the provisions of this chapter but such officer shall not enter into any building or dwelling without legal authorization or permission of the owner or occupant of the premises.
(3) No person shall interfere with, hinder, or molest any agent of the animal control authority in the performance of any duty as herein provided.
(4) Any person violating this section shall be deemed guilty of a misdemeanor and shall be subject to a fine of not less than $100.00 nor more than $250.00. [Ord. 501 § 11, 1981].
6.05.110 Penalties.
(1) Violation of MCMC 6.05.030, Dog licenses, 6.05.040, Impoundment procedures and fees, 6.05.070, Running at large, or ORS 609.169 is punishable by a fine of not less than $25.00 nor more than $250.00.
(2) Violation of MCMC 6.05.080, Public nuisance prohibited, is punishable by a fine of not more than $25.00 for the first violation, or not more than $50.00 for each additional violation occurring within six months of the first violation. In addition to any fines, if a dog has been repeatedly found to be a public nuisance under MCMC 6.05.080, the court may order such disposition of the dog as the court considers necessary for the safety or health of the public. [Amended during 2012 recodification; Ord. 501 § 12, 1981].