Chapter 6.05
DOGS
Sections:
6.05.040 Exemptions from licenses.
6.05.050 Rabies inoculation required.
6.05.070 Dogs running at large.
6.05.080 Dogs as a public nuisance.
6.05.090 Dangerous dogs to be penned and muzzled.
6.05.100 Classification of levels of dangerousness.
6.05.110 Identification of potentially dangerous dogs – Appeals – Restrictions pending appeal.
6.05.120 Regulation of potentially dangerous dogs.
6.05.130 Reporting of potentially dangerous dogs.
6.05.140 Violation and penalties.
Prior legislation: Ords. 256, 274, 286, 324, 332, 335, 338, 342, 352, 357 and 365.
6.05.010 Police power.
This chapter is adopted as an exercise of the police power of the city of Pilot Rock and shall be known and may be cited as the dog control ordinance. [Ord. 443 § 1, 1995].
6.05.020 Definitions.
As used in this chapter:
“Animal control officer” means the person appointed by the police chief to enforce this chapter.
“Assistance (or service) dog” means a dog that has been individually trained to do work or perform tasks and in actual use as an aid for the benefit of an individual.
“Board” means the daily charge made for maintenance of the dog during its impoundment.
“Council” means the city council of the city of Pilot Rock.
“Dangerous dog” means:
(a) Any dog with a propensity, tendency, or disposition to attack, to cause injury to, or to otherwise endanger safety of humans or other domestic animals; or
(b) Any dog which attacks a human being or other domestic animal one or more times without provocation; or
(c) Any dog which has the propensity to attack or bite any person or other domestic animal without provocation and the capacity to inflict serious harm on that person or animal.
“Dog” means any animal of the canine species. A male or female dog including a dog which has been neutered or spayed.
“Impoundment fee” means the charge made for placing a dog in the animal shelter.
“Leash” means a cord, chain, strap or other such physical restraint, of sufficient strength to control the dog.
“License” means the license required by this chapter.
“Muzzle” means a device constructed of strong, soft material or metal muzzle such as that used commercially with greyhounds. The muzzle must be made in a manner which will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.
“Neutered dog” means a male dog incapable of producing young.
“On a leash” means having a leash securely attached to the dog and held by the person in charge of the dog.
“Owner” or “keeper” means the head of the household where the dog is kept or any person or persons, firm, association or corporation owning, keeping or harboring a dog.
“Pound” means the animal shelter provided by the city of Pilot Rock.
“Running at large” means while the dog is off of or outside of the premises belonging to the owner of such dog, and not in the company of and under the control of the owner.
“Spayed bitch” means a female dog incapable of producing young. [Ord. 583, 2017; amended during 2011 codification; Ord. 443 § 2, 1995].
6.05.030 License required.
All dogs in the city of Pilot Rock shall be licensed unless specifically exempt under this chapter. It shall be the duty of each owner or keeper of a dog to obtain a license(s) for their dog(s). The initial licensing of a dog shall be accomplished within 30 days of the date of acquiring a dog by a city resident or moving a dog into the city. License shall be renewed annually on or before the first day of each year. No license shall be required of a dog less than six months old. [Ord. 443 § 3, 1995].
6.05.040 Exemptions from licenses.
(1) Dogs owned by dealers, breeders, or exhibitors which are kept in kennels exclusively for sale or exhibition are not required to be licensed.
(2) All assistance or service dogs.
(3) Any dog under the supervision of its owner or manager which is actively engaged in the herding or control of livestock is exempt from the provisions of this chapter while engaged in such activity.
(4) Dogs less than six months old. [Ord. 583, 2017; Ord. 443 § 4, 1995].
6.05.050 Rabies inoculation required.
An applicant for a dog license must present a current certificate of rabies inoculation to the city before the city may issue a license for the dog. [Amended during 2011 codification; Ord. 443 § 5, 1995].
6.05.060 Fees.
(1) All rates, fees, or other charges shall be subject to the approval of the city council and established by resolution of the city council.
(2) The chief of police may provide for lesser fees or fines to promote the adoption of abandoned dogs; to promote the earlier registration and licensing of dogs; and to allow for special promotions by nonprofit civic groups. [Ord. 443 § 6, 1995].
6.05.070 Dogs running at large.
(1) Any dog running at large within the corporate limits of the city is hereby declared to be a public nuisance.
(2) It is unlawful for any owner or keeper of a dog to permit it to run at large. Proof that a dog, not on a leash or in the vehicle of its owner, is off the premises of its owner or keeper is prima facie evidence of a violation of this section.
(3) Dogs running at large may be picked up by the animal control officer or police officer and impounded in the animal shelter provided by the city.
(4) The animal control officer or any police officer may lawfully kill any vicious or dangerous dog running at large.
It shall be unlawful for any owner or keeper of a dog to permit any such dog to be at large as described and shall be considered in violation of this chapter. [Amended during 2011 codification; Ord. 443 § 6.5, 1995].
6.05.080 Dogs as a public nuisance.
Any dog within the corporate limits of the city and engaged in the following behavior is hereby declared a public nuisance:
(1) Bites a person or other domestic animal.
(2) Chases vehicles or persons.
(3) Damages or destroys property of persons other than the owners or keepers of the dog.
(4) Scatters garbage.
(5) Trespasses on private property of persons other than the owner or keeper of the dog.
(6) Disturbs any person by frequent or prolonged noises.
(7) Is a female in heat and running at large.
(8) Any unlicensed dog over six months of age.
It shall be unlawful for any owner or keeper of a dog to permit any such dog to be a public nuisance as described and shall be considered in violation of this chapter. [Amended during 2011 codification; Ord. 443 § 7, 1995].
6.05.090 Dangerous dogs to be penned and muzzled.
(1) No person owning or harboring or having the care of a dangerous dog shall suffer or permit such animal to go unconfined on the premises of such person.
(2) No person owning or harboring or having the care of a dangerous dog shall suffer or permit such dog to go beyond the premises of such person unless such dog is secured.
(3) Sale of Dangerous Dogs Prohibited. It shall be unlawful for any person to sell to any other person a dangerous dog within the city limits of Pilot Rock. [Amended during 2011 codification; Ord. 443 § 8, 1995].
6.05.100 Classification of levels of dangerousness.
A dog shall be classified as potentially dangerous based upon specific dangerous behaviors exhibited by the dog. For purposes of this chapter behaviors establishing various levels of potential dangerousness are as follows:
(1) Level 1 behavior is established if a dog at large is found to menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any domestic animal.
(2) Level 2 behavior is established if a dog at large is found to menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any person or any dog which previously has been classified as having exhibited Level 1 behavior and subsequent to that classification has violated any provision of this chapter.
(3) Level 3 behavior is established if a dog, while confined, aggressively bites any person or any dog which previously has been classified as having exhibited Level 2 behavior and subsequent to that classification has violated any provision of this chapter.
(4) Level 4 behavior is established if a dog which previously has been classified as having exhibited Level 3 behavior and subsequent to that classification has violated any provision of this chapter.
(5) Level 5 behavior is established if:
(a) A dog, whether or not confined, causes the serious injury or death of any person; or
(b) A dog, while at large, kills any domestic animal; or
(c) A dog engages in or is found to have been trained to engage in exhibitions of fighting; or
(d) A dog, while at large, aggressively bites or causes physical injury to any person or domestic animal; or
(e) A dog which previously has been classified as having exhibited Level 4 behavior and subsequent to that classification has violated any provision of this chapter.
(6) Notwithstanding subsections (1) through (5) of this section, the police chief shall have discretionary authority to refrain from classifying a dog as potentially dangerous, even if the dog has engaged in the behaviors specified in subsections (1) through (5) of this section, if the police chief determines that the behavior was the result of the victim abusing or tormenting the dog. The police chief may decline to classify a dog as potentially dangerous if, during the behavior in question, the dog or another person present were provoked by wrongful criminal behavior or trespassing by the victim of the dog’s behavior, or other extenuating circumstances. [Ord. 597 § 1, 2023].
6.05.110 Identification of potentially dangerous dogs – Appeals – Restrictions pending appeal.
(1) The police chief shall have authority to determine whether any dog has engaged in the behaviors specified in this chapter. This determination shall be based upon an investigation that includes observation of and testimony about the dog’s behavior, including the dog’s upbringing and the owner’s control of the dog. These observations and testimony can be provided by Pilot Rock police officers, other employees of the city of Pilot Rock, or by other witnesses who personally observed the behavior. Each witness shall sign a written statement attesting to the observed behavior and agree to provide testimony regarding the dog’s behavior if necessary.
(2) The police chief shall give the dog’s owner written notice and findings by certified mail or personal service of the dog’s dangerous specified behavior, of classification of the dog as a potentially dangerous dog and of the additional restrictions applicable to that dog by reason of its classification level. The notice shall include specific facts and findings to support the determination of the dog’s level of dangerousness and the restrictions ordered.
(3) An owner that has received notice of finding by the police chief of dangerous classification and restrictions may request review of that finding to the Pilot Rock Municipal Court at 143 W. Main St. in Pilot Rock, OR 97868, by contacting the court clerk and requesting a review hearing, or mailing a request. The request must be in writing, must make reference to the notice, and must be submitted within 10 days of the date the notice was mailed or personally served.
(4) Within a reasonable time of a request for review the municipal court shall hold a hearing to determine the following:
(a) Whether, by a preponderance of the evidence, the dog engaged in the dangerous specified behavior described in the notice;
(b) Whether the dangerous specified behavior was justified by other circumstances;
(c) What, if any, level of classification of dangerousness shall apply to the dog;
(d) What restitution for damages to be ordered in favor of any person damaged or injured by the dangerous specified behavior;
(e) What level of regulation shall apply to the dog and require owner to pay for the costs associated with those requirements.
(5) Once the owner has received notice of the dog’s classification as a Level 1, 2, 3, 4, or 5 potentially dangerous dog pursuant to this chapter, the owner shall comply with the restrictions specified in the notice until such time as the police chief’s decision may be reversed on review by the municipal court. Failure to comply with the specified restrictions pending the completion of all appeals shall be a violation of this chapter for which a fine can be imposed. Additionally, the police chief shall have the authority to impound the dog pending completion of all appeals.
(6) The final determination of potential dangerousness of a dog under this chapter by the chief of police, or the municipal court upon review, shall be permanent and may not be subject to additional reconsideration.
(7) To ensure correct identification, all dogs that have been classified as potentially dangerous shall be fitted with an identifying dangerous dog collar. The police chief shall adopt rules specifying the character, location and manner of this collar. [Ord. 597 § 2, 2023].
6.05.120 Regulation of potentially dangerous dogs.
In addition to the other requirements of city ordinances, the owner of a potentially dangerous dog shall comply with the following regulations:
(1) If the dog has engaged in Level 1 behavior, the dog shall be restrained by a physical device or structure that prevents the dog from reaching any public sidewalk or adjoining property whenever that dog is outside the owner’s home and not on a leash. The police chief shall specify the required device or structure.
(2) If the dog has engaged in Level 2 behavior, the owner shall confine the dog within a secure enclosure whenever the dog is not on a leash or inside the home of the owner. The secure enclosure must be located so as not to interfere with the public’s legal access to the owner’s property.
(3) If the dog has engaged in Level 3 behavior, the owner shall meet the requirements of subsection (2) of this section, and shall also, within three days of classification, post and maintain posted warning signs in the form specified by the city on the property where the dog is kept.
(4) If the dog has engaged in Level 4 behavior, the owner shall meet the requirements of subsections (2) and (3) of this section and shall, additionally, not permit the dog to be off the owner’s property unless the dog is muzzled and restrained by an adequate leash and under the control of a capable person.
(5) Any dog that has been found to have engaged in Level 5 behavior may be euthanized, banned from the city or otherwise restricted in the discretion of the police chief. In addition, the police chief may suspend, for a period of time specified by the police chief, that dog owner’s right to own any dog in Pilot Rock, including dogs currently owned by that person. The owner of a euthanized dog will be responsible for veterinary, laboratory and other associated costs.
(6) To ensure correct identification, all dogs that have been classified as potentially dangerous shall wear the reflectorized orange collar. The police chief shall adopt rules specifying the character, location and manner of this collar.
(7) Any dog that has been determined to be dangerous under this chapter at any level, may not be placed with any animal rescue organization for adoption by anyone residing within or who will bring the dog within the city of Pilot Rock.
(8) In addition to the normal licensing fees, there shall be an annual fee of three times the normal fee for dogs that have been classified as potentially dangerous. This additional fee shall be imposed at the time the license of the potentially dangerous dog expires, and shall be payable at the time the license is renewed. [Ord. 597 § 3, 2023].
6.05.130 Reporting of potentially dangerous dogs.
Any person who observes or has evidence of behavior as described herein shall forthwith notify the police chief. [Ord. 597 § 4, 2023].
6.05.140 Violation and penalties.
(1) A violation of this chapter shall be punishable by a fine not to exceed $500.00.
(2) Every full day during which an activity continues to be conducted in violation of this chapter shall be considered a separate offense.
(3) Offenses under this section shall be tried in the municipal court as a violation and not as a crime. As a violation there is no right to jury trial or court appointed counsel.
(4) Additional Remedies.
(a) Restitution for damages to be ordered in favor of any person injured or damaged by the dangerous specified behavior.
(b) In addition to the penalties provided in this chapter, the city may sue in a court of competent jurisdiction to obtain a judgment for a fee due under this chapter and to enforce collection of the judgment by execution.
(c) The city may seek an injunction to prohibit a person from violating this chapter.
(d) In an action authorized by this section, if the city prevails, it shall recover reasonable attorney’s fees to be set by the court in addition to its costs and disbursement. These fees are recoverable at all levels of trial and appeal.
(e) Whenever a fee required by this chapter is not paid when due, the city recorder shall add as a penalty to the fee an amount equal to 10 percent of the fee for each month or part thereof during which the fee and accumulated penalty amounts remain unpaid. The total amount of penalties shall not exceed 100 percent of the original fee. [Ord. 597 § 5, 2023; amended during 2011 codification; Ord. 443 § 11, 1995. Formerly 6.05.120].