Chapter 6.10
DOGS
Sections:
6.10.030 Menacing, potentially dangerous, dangerous dogs.
6.10.060 Rabid dogs – Nuisance.
6.10.070 Confinement on premises – Leash.
6.10.100 Disposal or destruction.
6.10.110 Dogs in Memorial Park during the Old Fashioned Festival.
6.10.010 Impoundment.
A. It shall be unlawful for any person, firm, corporation or association to permit or allow any dog or dogs owned by them or under their custody and control to run at large within the corporate limits of the city if said dog or dogs, while so running at large, shall interfere with the rights of other persons, firms, corporations or associations in the enjoyment of their property, peace, health or safety.
B. Any dog or dogs which shall be found, whether individually or collectively, running at large and at the same time interfering with the rights of other persons, firms, corporations or associations in the enjoyment of their property, peace, health or safety shall be deemed to constitute a nuisance within the terms of this chapter and shall be abated by the chief of police of the city in the following manner, to-wit:
1. Said chief of police shall notify the owner or person having the custody and control of any such dog or dogs, if such owner or custodian be known, requiring the owner or custodian to abate such nuisance within 48 hours after such notice.
2. In the event that such nuisance is not so abated by such owner or custodian, or in the event that such owner or custodian is not known, said chief of police shall take said dog or dogs into said chief of police’s custody and turn the same over to the county dog catcher of the county of Yamhill for disposal; and all costs incurred in capturing, keeping or disposing of such dog or dogs shall be charged against such owner or custodian, if known, and shall be added to any fine or other penalty assessed hereunder against such owner or custodian on account of such nuisance. [Ord. 1696, 6-4-73; Ord. 906, 3-25-40. Code 2001 § 92.25.]
Penalty: See NMC 6.10.120.
6.10.020 License required.
It shall be unlawful for any person being the owner or having the control of any dog to fail to procure a license from Yamhill County pursuant to the provisions of Yamhill County Ordinance No. 150 as amended. Any unlicensed dog found running at large within the corporate limits of the city shall be deemed to constitute a nuisance within the terms of this chapter and shall be abated in accordance with the provisions of NMC 6.10.010. [Ord. 2009, 5-13-80; Ord. 906, 3-25-40. Code 2001 § 92.26.]
Penalty: See NMC 6.10.120.
6.10.030 Menacing, potentially dangerous, dangerous dogs.
A. For the purpose of this section:
“Dangerous” means without provocation and in an aggressive manner inflicts serious bodily injury to a person.
“Menacing” means chasing, lunging, growling, snarling or other behavior by a dog in such a manner that would cause a reasonable person to fear for their safety.
“Potentially dangerous” means without provocation and while not on property from which the keeper may lawfully exclude others, engages in behavior that:
1. Requires a person to take defensive measures to avoid the infliction of bodily injury; or
2. Without provocation, inflicts bodily injury on a person that is less severe than serious bodily injury; or
3. Without provocation and while not on property from which the keeper may lawfully exclude others, inflicts injury or kills a domestic animal.
B. It shall be unlawful for any owner or person having control of any dangerous, potentially dangerous or menacing dog, whether licensed or not, to permit or allow such dog to run at large as herein defined. Any such dangerous, potentially dangerous or menacing dog, whether licensed or not, found running at large in violation of this section within the corporate limits of the city shall be deemed to constitute a nuisance within the terms of this chapter, and shall be abated as provided in NMC 6.10.010. If any dangerous, potentially dangerous or menacing dog so found running at large cannot be safely taken up by such chief of police or by a police officer, such dog may be killed by said chief of police or police officer. [Ord. 2633, 1-20-06; Ord. 1108, 8-6-51; Ord. 906, 3-25-40. Code 2001 § 92.27.]
Penalty: See NMC 6.10.120.
6.10.040 Killing dogs.
It shall be lawful for any person to kill any dog which is in the act of attacking any person. The proper use of firearms at such time shall not be unlawful under the city ordinances. [Ord. 906, 3-25-40. Code 2001 § 92.28.]
Penalty: See NMC 6.10.120.
6.10.050 Rabies regulations.
It shall be unlawful for any person during an outbreak of rabies to permit any dog owned or kept by the person to run at large on any street or highway or on any premises not enclosed by a dog-tight fence, unless such dog is securely muzzled so as to prevent its biting any person or animal. Nothing herein contained shall be held to require the muzzling of any dog if properly confined on private premises or when on any highway or street or any premises of a person’s own or under a person’s supervision, if such dog be held by chain or leash in such manner as to prevent such dog from biting any person or animal. [Ord. 906, 3-25-40. Code 2001 § 92.29.]
Penalty: See NMC 6.10.120.
6.10.060 Rabid dogs – Nuisance.
Any dog afflicted with rabies or any dog or animal suffering from rabies is declared to be a nuisance, and such dog must be slain by the owner or by an officer or an officer’s deputy; except that a permit may be issued by the city recorder to an owner exempting from slaughter any dog of great value that has been bitten by a supposedly rabid animal; provided, that the owner will agree to confine said dog securely for a period of three months or will submit the said animal to the Pasteur treatment. [Ord. 906, 3-25-40. Code 2001 § 92.30.]
6.10.070 Confinement on premises – Leash.
All persons owning dogs or having them under their control shall keep them confined on their premises; or upon taking such dog or dogs upon the streets, sidewalks or other public property or buildings in the city, shall keep such dog or dogs on a leash or in the control of the person then having said dog or dogs in their possession. [Ord. 1734, 6-3-74. Code 2001 § 92.40.]
Penalty: See NMC 6.10.120.
6.10.080 Impoundment.
Any dog found off the premises of its owner, or off the premises of the person having control of such animal, shall be subject to being picked up and confined in a place of confinement selected by the city council. [Ord. 1734, 6-3-74. Code 2001 § 92.41.]
6.10.090 Redemption.
The owner or person in control of such dog so picked up and/or confined may reclaim said animal upon paying to the city a per diem fee set by resolution for the care of such animal; and the term “one day” shall include any part of a day. [Ord. 1734, 6-3-74. Code 2001 § 92.42.]
6.10.100 Disposal or destruction.
After a dog has been in confinement for a period of five days, such animal may be disposed of or destroyed. [Ord. 1734, 6-3-74. Code 2001 § 92.43.]
6.10.110 Dogs in Memorial Park during the Old Fashioned Festival.
No dogs shall be allowed in Memorial Park, either on a leash or not on a leash, during the duration, as defined by resolution of the city council or proclamation of the mayor, of the Old Fashioned Festival. Working dogs in service to individuals, dogs involved in the Old Fashioned Festival activities, specifically entertainment or performances, and dogs used for security shall be exempt from this section. [Ord. 2515, 6-21-99. Code 2001 § 92.44.]
Penalty: See NMC 6.10.120.
6.10.115 Hobby kennel.
Any person wishing to keep four or more adult dogs at a residence shall first obtain a permit for a hobby kennel under NMC 6.05.055. [Ord. 2763 § 1 (Exh. A § 23), 9-16-13.]
6.10.120 Penalty.
A. Any person, firm, corporation or association who shall create or willfully maintain any nuisance as herein provided, or who shall violate any of the terms and provisions of this title, unless otherwise specified in this section, shall have committed a city Class 4 civil infraction and shall be processed in accordance with the procedure set forth in the uniform civil infraction procedure ordinance, Chapter 2.30 NMC.
B. A person who violates NMC 6.10.070 et seq. shall have committed a city Class 5 civil infraction and shall be processed in accordance with the procedure set forth in the uniform civil infraction procedure ordinance, Chapter 2.30 NMC.
C. A person who violates NMC 6.10.030 et seq. shall have committed a Class 2 civil infraction and shall be processed in accordance with the procedure set forth in the uniform civil infraction procedure ordinance, Chapter 2.30 NMC. [Ord. 2633, 1-20-06; Ord. 2163, 4-1-85; Ord. 1734, 6-3-74; Ord. 906, 3-25-40. Code 2001 § 92.99.]