Chapter 6.05 ANIMAL REGULATIONS*

(1) “Abandoned animal” means any animal which appears to have been neglected; left without proper food and water for a period of over 24 hours; any sick or injured animal which appears to have been left without care or treatment for over 24 hours; any barking dogs which appear to have been without supervision for a period of over 24 hours; or any unlicensed dog running at large.

(2) “Animal” means any nonhuman mammal, reptile, bird, amphibian, or fish.

(3) “Animal control authority” means the animal control enforcement authority appointed by this city and empowered to enforce the provisions of this chapter.

(4) “Animal control officer” means any person or government entity employed or contracted by this city’s animal control authority.

(5) “Animal keeper” means any person who owns or harbors an animal or who has the animal in the person’s care, possession, custody, or control, or who knowingly permits an animal, other than a wild animal, to remain on premises occupied by the person. Except for the purposes of VMC 6.05.020, 6.05.030, 6.05.040, 6.05.060, 6.05.070, 6.05.100, 6.05.110, 6.05.120, 6.05.140 and 6.05.160, a “keeper” does not include veterinarians or commercial kennel operators temporarily maintaining animals on their premises for a period of not more than 30 days.

(6) “Barking dog” means a dog which persistently barks or howls and thereby unreasonably deprives any person of peace and quiet, as defined by resolution adopted by the city council.

(7) “Cattery” means a place of business, establishment, premises, or residence used for the care of cats, including but not limited to the boarding, grooming, breeding, show breeding, training, or selling of cats, but not including an animal hospital, veterinary clinic, or animal shelter.

(8) “City” means the city of Veneta, Lane County, Oregon.

(9) “Commercial dog kennel” means a place of business, establishment, premises, or residence used for the care of dogs, including but not limited to the boarding, grooming, breeding, show breeding, training, or selling of dogs, but not including an animal hospital, veterinary clinic, or animal shelter.

(10) “Dangerous animal” means any animal, including a dog, which has the propensity to bite or attack any person without provocation and the capacity to inflict serious harm on that person. It shall be presumed that any animal which has injured a human being on one occasion without provocation is a dangerous animal. “Dangerous animal” also includes any animal used as a weapon in the commission of a crime.

(11) “Domestic animal” means an animal typically kept as a pet.

(12) “Estrus” means the time during the reproductive cycle in animals when the female displays interest in mating. In most cases the animal is about to or has just ovulated, and is therefore impregnable.

(13) “Euthanasia” means the act of destroying or putting an animal to death in a humane manner by a licensed veterinarian or a certified euthanasia technician.

(14) “Exotic animal” means (a) any lion, tiger, leopard, cheetah, cougar, or other wild large cat species; (b) any nonhuman primate; (c) any wolf, except animals declared by their keeper to be wolf-dog hybrids; or (d) any other animal defined by the Oregon Revised Statutes as being exotic.

(15) “Feral cat” means a wild and untamed offspring of a domestic or stray cat that has not been neutered or spayed.

(16) “Game animal” means any animal regulated as a “game bird” or “game mammal” by the Oregon Department of Fish and Wildlife pursuant to ORS Chapter 496.

(17) “Habitually” means happening on two or more occasions, within a one-week period.

(18) “Impound” means to take into possession, seize and hold in the custody of the city or city agents.

(19) “Leash” means any humane device constructed of rope, leather strap, chain or other sturdy material not exceeding 20 feet in length, held by a person capable of controlling the animal to which the device is attached.

(20) “Livestock” means cattle, sheep, horses, goats, swine, fowl, poultry, and any fur or feather-bearing animal bred and maintained commercially or otherwise within pens, cages, or hutches.

(21) “Menace” means lunging, growling, snarling or other behavior by a dog that would cause a reasonable person to fear for that person’s safety.

(22) “Muzzle” means a device constructed of strong, soft material or metal, used to cover an animal’s mouth. The muzzle must be made in a manner that will not cause injury to the animal or interfere with its vision or respiration, but must prevent it from biting any person or animal.

(23) “Neutered” means the removal of the ovaries and uterus, ovarian hysterectomy, in female dogs, also known as “spaying”; the removal of the male gonads in male dogs.

(24) “Noncommercial dog kennel” means an establishment or premises where three or more dogs over four months of age are boarded, kept, or maintained for the hobby of the householder, but not including an animal hospital.

(25) “Nuisance dog” means any dog which habitually chases vehicles or persons, damages or destroys property of persons other than the keeper of the dog, scatters garbage, has been cited for barking or running at large on more than three occasions, or is a female in heat and running at large.

(26) “Person” means any individual, firm, partnership, association, or corporation.

(27) “Physical injury” means impairment of physical condition or substantial pain.

(28) Run at Large. An animal “runs at large” when the animal is off or outside the premises from which the keeper may lawfully exclude others and is not under the keeper’s control by adequate leash. Any animal fully enclosed within a vehicle shall not be considered to be at large.

(29) “Secure enclosure” means an enclosure, not including a residence, in which an animal is confined in such a way that the animal does not have access to humans or other animals. The enclosure shall not be less than eight feet long, four feet wide, and five feet tall. If the floor is not concrete, the outside walls must extend into the ground not less than one foot to prohibit the digging out of the animal. The top of the enclosure must be covered.

(30) “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.

(31) “Stray animal” means an animal that was once a domesticated pet but then became lost or abandoned.

(32) “Watchdog” means a dog for which a permit has been issued pursuant to VMC 6.05.050(6)(c) and which is trained to attack intruders or which is confined at a business or commercial establishment to protect merchandise, inventory, or equipment.

(33) “Wild animal” means any animal living in a natural, undomesticated state but does not include feral cats or stray animals. (Ord. 521 § 2, 2015; Ord. 502 § 1(A), 2011; Ord. 500 § 1, 2011)

6.05.020 Animals running at large prohibited.

No animal keeper shall permit an animal, other than a cat, to run at large. (Ord. 500 § 2, 2011)

6.05.030 Barking and nuisance dogs prohibited.

(1) No person shall keep a barking or howling dog. The city council shall adopt complaint procedures and penalties for the keeping of barking or howling dogs by resolution.

(2) No person shall keep a nuisance dog. (Ord. 500 § 3, 2011)

6.05.040 Animal waste matter.

It shall be unlawful for an animal keeper, other than a cat keeper, to allow the animal to deposit solid waste matter on any improved property other than premises from which the keeper may lawfully exclude others, unless the animal keeper immediately and completely removes the solid waste. (Ord. 500 § 4, 2011)

6.05.050 Licenses, fees, and exceptions.

(1) Dog Licenses.

(a) Every keeper of a dog which has a set of permanent canine teeth or which has attained the age of six months, whichever event occurs first, shall immediately obtain a license for the dog. If the dog keeper moves into this city of Veneta, the keeper must obtain a city license not later than 30 days after moving into this city or the expiration of a valid license previously issued to the dog by another jurisdiction in this state.

(b) Licenses shall be valid for one, two or three years from the date of issuance or until the person who obtained the license ceases to be the dog’s keeper, whichever occurs first.

(c) No license shall be issued until a certificate of vaccination for rabies, valid for the term of the license, is presented to the animal control authority.

(d) Dog keepers shall renew the dog license before it becomes delinquent for as long as they keep the dog.

(e) A license tag issued to a dog keeper shall be attached securely to a collar or harness on the dog for which it was issued. If the license tag is lost, the keeper may obtain a duplicate license upon satisfactory proof of loss and payment of the required fee.

(f) Except as provided in subsections (3) and (4) of this section, no dog keeper shall be entitled to obtain licenses for more than three dogs, and no more than three dogs of licensing age may be kept or maintained at any one residence, regardless of who is the keeper of the dogs; provided, however, that the dog keepers shall be entitled to obtain licenses for up to five dogs, if all such dogs are kept on property which is not less than one acre in size and which is zoned as rural residential property in accordance with the Veneta land development ordinance. No more than five dogs of licensing age may be kept on any such property.

(g) Notwithstanding the provisions of subsection (1)(f) of this section, any dog keeper shall be entitled to obtain licenses for all dogs properly licensed as of the effective date of the ordinance codified in this chapter. However, if the total number of dogs kept by a keeper or at any one residence exceeds the number permitted by subsection (1)(f) of this section, neither the dog keeper nor any other person residing on said premises shall be permitted to keep or license individually any dogs other than those which were kept on the effective date of the ordinance codified in this chapter, until such time as the total number of dogs kept upon such premises drops below the maximum number of dogs allowed under subsection (1)(f) of this section.

(2) Cats.

(a) Cats must be licensed if the city so requires by resolution. If a resolution is not in effect for cats, a keeper may voluntarily purchase a license for their cat under subsection (1) of this section as a way to help identify their cat if it becomes lost.

(b) No person shall keep more than three cats over the age of four months, nor shall more than three cats over the age of four months be kept at any one residence, regardless of who is the keeper of the cats; provided, however, that up to five cats may be kept if they are maintained on property which is not less than one acre in size and which is zoned rural residential in accordance with the Veneta land development ordinance.

(c) Notwithstanding the provisions of subsection (2)(b) of this section, all cats kept at any one residence upon the effective date of the ordinance codified in this chapter may, if licensed within 90 days of the effective date of any city resolution requiring cats to be licensed, continue to be kept until their deaths or until the cats cease to be kept by the person in possession of the residence. However, if the total number of cats kept at any one residence exceeds the number permitted by subsection (2)(b) of this section, neither the cat keeper nor any other person residing on such premises shall be permitted to keep any cats other than those kept upon the effective date of the ordinance codified in this chapter, until such time as the total number of cats kept upon such premises drops below the maximum number permitted in subsection (2)(b) of this section.

(d) No person shall operate a cattery without a cattery license. A license under this section shall not permit any cats kept, maintained, or boarded on the premises licensed for the cattery to be at large.

(e) Cattery licenses will be issued only for premises which are not less than one acre in size and zoned rural residential property in accordance with the Veneta land development ordinance, and such licenses may be revoked in accordance with the procedure set forth in subsection (3)(d) of this section.

(3) Commercial Kennel License.

(a) No person shall operate a commercial kennel without a commercial kennel license. Commercial kennel licenses shall be valid for one year from the date of issuance.

(b) Commercial kennel licenses function in lieu of individual dog licenses. Dogs licensed under this subsection (3) must at all times be confined to the kennel premises so as not to be at large.

(c) No commercial kennel license will be issued under this subsection (3) to anyone not in conformity with applicable zoning statutes and ordinances. Commercial kennel licenses will be issued only for property which is not less than one acre in size and in accordance with the Veneta land development ordinance.

(d) The following provisions shall govern revocation of kennel licenses:

(i) Three or more violations of this chapter within a period of 12 calendar months shall result in revocation of licenses granted under this subsection (3).

(ii) Such revocation may occur only after a hearing before the municipal court judge and after the licensee has been mailed a notice of a time to appear at least five days in advance of the hearing. The notice shall include a general statement of the reasons for the revocation proceedings.

(iii) If the license is revoked, the licensee shall have 10 days in which to file a written appeal, on a form to be provided by the animal control authority, to this city council. Should no appeal be made, the revocation is effective upon the expiration of the appeal period.

(4) Noncommercial Kennel License. Noncommercial kennel licenses are not permitted in the city of Veneta.

(5) Fees. The dog and cat license fees which are due and payable upon the issuance of a license, and the other fees required to be paid under the provisions of this chapter shall be set by separate resolution adopted by the council.

(6) License Fees – Exceptions.

(a) No license fee shall be required for any dog kept by a disabled person who uses the dog as a guide or aide. A license shall be issued for such dog upon proper proof of rabies vaccination and upon filing of an affidavit by the blind person showing such dog comes within this exemption. Such affidavit shall be filed with the animal control authority.

(b) One-half price individual dog and cat licenses will be provided for animals which have been spayed or neutered. Dog and cat keepers applying for this reduced fee must present to the animal control authority a certificate from a licensed veterinarian stating that the animal to be licensed has been spayed or neutered.

(c) After application upon a form to be provided by the animal control authority, a permit may be issued to the keeper of a dog to use that dog as a watchdog. The fee for such permit shall be in addition to the individual dog license fee.

(d) An additional 50 percent discount off the reduced fee for individual dog and cat licenses will be provided for any dog or cat kept by a person 65 years of age or older upon proof of rabies vaccination, proof the dog has been spayed or neutered, and proof of person’s age.

(7) Late Fee. A late fee established by resolution of the council will be charged if the license is not renewed within 30 days of the expiration date of the license. (Ord. 500 § 5, 2011)

6.05.060 Abandoned animals.

No animal keeper shall permit an animal for which the keeper is responsible to be neglected or abandoned. Any law enforcement officer or animal control officer may:

(1) Provide food or water to abandoned animals. The fee for such services shall be set by separate resolution of the city council.

(2) Impound any abandoned animal. As soon as practical, notice of impoundment under this section shall be posted at the house or be mailed to the keeper or, if the keeper is unknown, to the address at which the animal is found and impounded. (Ord. 521 § 1, 2015; Ord. 500 § 6, 2011)

6.05.070 Sick or injured animals.

(1) Any sick or injured animal found by a law enforcement officer or animal control officer off the premises of its keeper shall be delivered to its keeper if it is feasible to do so. Any sick or injured animal whose keeper is either unknown or cannot be reached after reasonable attempts to do so may be impounded. If the animal control officer or law enforcement officer determines that the animal is too severely injured to move, the animal control officer or law enforcement officer may elect to destroy or have the animal immediately destroyed by any humane method permitted under state law. If the method of destruction is to be euthanasia, this will be performed by a licensed veterinarian or technician. If the animal control officer believes that the animal should not be destroyed and that treatment is necessary, the animal may be delivered to a veterinarian for medical treatment. If the veterinarian determines that treatment should be given, such treatment may be given; provided, however, the animal may be euthanized if not claimed by its keeper within 72 hours after being delivered to the veterinarian.

(2) The city may contract for veterinarian services to be provided under this section.

(3) The keeper of any animal treated under this section shall pay the cost of such veterinary treatment, together with all costs of moving, euthanizing, or disposing of an animal in accordance with this section. (Ord. 521 § 1, 2015; Ord. 500 § 7, 2011)

6.05.080 Impoundment of animals.

(1) Any law enforcement officer, animal control officer, or city employee may impound any animal which is in violation of this chapter.

(2) The animal control authority shall impound an animal if the keeper of the animal has not paid a fine for a violation of this chapter imposed by the municipal judge. The notice and disposition of an animal seized pursuant to this subsection shall be as described in VMC 6.05.090 and 6.05.100.

(3) Any person whose property has been trespassed upon by any animal in violation of this chapter may immediately apprehend that animal upon his property and hold the animal until delivery to an animal control officer, city employee, or to any law enforcement officer. Any person who so impounds an animal shall immediately notify the animal control authority of such impoundment.

(4) If an animal control officer or a law enforcement officer has probable cause to believe that any animal which is in an unoccupied motor vehicle may be in danger of harm or death, the animal control officer or law enforcement officer may enter the motor vehicle and impound the animal. (Ord. 521 § 1, 2015; Ord. 500 § 8, 2011)

6.05.090 Impounding regulations and disposition of impounded animals.

(1) Except as provided in VMC 6.05.070, the animal control authority shall keep any animal impounded for the period of time specified in this subsection (1). A daily record of animals impounded by the animal control authority shall be kept at the place of impoundment and shall be made available to the public upon request. Unless the animal’s keeper files an appeal with the municipal court pursuant to subsection (3) of this section, the animal control authority shall dispose of such animals in accordance with the following provisions:

(a) Unlicensed animals or animals for which the keeper is unknown and which have not been redeemed within 72 hours after impoundment may be sold, released to a new keeper, or euthanized.

(b) A licensed animal or animal for which the keeper is known which has not been redeemed within 120 hours of notification of the keeper by telephone contact, mailing of impoundment notice, or delivery of impoundment notice to the keeper’s residence may be sold, released to a new keeper or euthanized.

(2) Except as provided in VMC 6.05.070 or in subsection (1)(a) of this section, the animal control authority shall notify the keeper by telephone, by mailing an impoundment notice to the keeper’s residence, or by delivering an impoundment notice to the keeper’s residence as soon as practicable after impoundment. If the keeper’s residence and telephone number are unknown or the city is unsuccessful in contacting the keeper by telephone after not less than two attempts, notice of impoundment shall be posted at Veneta City Hall. The impoundment notice shall advise the keeper of the place where the animal is kept, the procedures required for the redemption of the animal, the fees for the impoundment, daily care and redemption, and the consequences of failure to redeem the animal.

(3) Except as provided in VMC 6.05.070, an animal keeper whose animal is impounded, within the period described in subsection (1)(a) or (b) of this section, whichever is applicable, may appeal the seizure and impounding by applying to the municipal judge for the release of the animal, and the municipal judge shall thereupon set a time and place for hearing the appeal and shall notify the impounding officer; and upon a summary hearing at such time and place, the municipal judge shall have full power to determine whether the animal has been wrongfully impounded and whether the animal shall be returned to its keeper, and upon what terms. Payment of the impoundment fee shall not prejudice an animal keeper’s right to appeal from an allegedly wrongful impoundment. (Ord. 500 § 9, 2011)

6.05.100 Impoundment – Redemption and sale.

(1) No animal accused of chasing, killing, wounding or injuring livestock, biting or attempting to bite a human being, or carrying any dangerous disease, shall be redeemed except upon order of the municipal court entered after hearing pursuant to VMC 6.05.090(3). The municipal court may impose conditions of redemption to prevent any further violation of this chapter, including but not limited to requirements that the animal be confined, quarantined, de-fanged, de-clawed, examined, muted, or trained.

(2) Redemption of an impounded animal shall be made by the keeper of the animal who exhibits satisfactory proof that the person is the animal’s keeper and pays the following required fees and charges, which shall be set by separation resolution of the city council:

(a) Impoundment fee.

(b) Daily care fee.

(d) Medical care fees, if required.

(3) The animal control authority or municipal court may require that an impounded animal be vaccinated for rabies and licensed as a condition of redemption.

(4) No impoundment charge shall be made for an animal released because the municipal court determines that no violation occurred.

(5) Impounded animals may be sold after the amount of time specified in VMC 6.05.090(1) has passed. When an animal is sold by the animal control authority, the purchaser shall pay any required license and rabies vaccination fees.

(6) No live animal shall be sold by the animal control authority for surgical or medical demonstration or vivisection.

(7) Except as otherwise provided, 72 hours after impoundment the animal may be sold, released to a new keeper, or euthanized. (Ord. 500 § 10, 2011)

6.05.110 Killing and chasing livestock, pets or wildlife.

(1) No animal keeper shall permit his animal, while off the premises owned or under the control of the animal keeper, to chase, kill, wound or injure livestock, pets or wildlife not belonging to the animal keeper.

(2) If any animal, not under the control of its keeper, is found chasing or feeding upon the warm carcass of livestock, pets or wildlife not the property of such keeper, it shall be deemed (prima facie) as engaged in killing, wounding, or injuring livestock.

(3) Except as provided in subsection (4) of this section, any animal, whether licensed or not, which, while off the premises owned by or under control of its keeper, kills, wounds, or injures any livestock, pet or wildlife not belonging to the keeper of such animal is a public nuisance and may be killed immediately by any person. However, nothing in this section applies to any animal acting under the legal direction of its keeper, or the agents or employees of such keeper, as long as such direction is not in violation of any state statute or city ordinance.

(4) No person shall kill any animal wherever located for killing, wounding, injuring, or chasing chickens within the corporate limits of this city.

(5) No person shall keep any animal with knowledge that it has killed or wounded livestock, pets or wildlife.

(6) No keeper shall permit an animal to be at large and to chase, kill, wound, or injure livestock, pets or wildlife not belonging to the animal keeper.

(7) An animal found to have chased, killed, wounded or injured livestock, pets or wildlife in violation of this section may be impounded and disposed of in accordance with VMC 6.05.090 and 6.05.100. (Ord. 500 § 11, 2011)

6.05.120 Dangerous animals and behavior.

It is the intent of the city to promote a safe coexistence between pet owners and citizens and to apply restrictions only in those instances where there is a need to protect public safety, health and welfare. The purpose of this section is to establish a procedure whereby dogs and other animals that pose a reasonably significant threat of causing serious injury to humans, domestic animals, or property are identified and subjected to reasonable restrictions. For the purpose of this section, “animal” means dogs, domestic animals or livestock, not including cats.

(1) Level 1 dangerous behavior is established if an animal at large, without provocation, is found to have menaced, displayed threatening or aggressive behavior, or otherwise threatened or endangered the safety of any domestic animal or livestock.

(2) Level 2 dangerous behavior is established if an animal at large, without provocation, is found to have menaced, displayed threatening or aggressive behavior, or otherwise threatened or endangered the safety of any person.

(3) Level 3 dangerous behavior is established if an animal, without provocation, is found to have:

(a) While at large, bitten or caused physical injury to any domestic animal which is not livestock;

(b) Bitten any person;

(d) While at large, bitten or caused physical injury to livestock; or

(e) Whether or not at large, caused serious injury to or the death of any person.

(4) Notwithstanding subsections (1) through (3) of this section, the animal control officer shall have discretionary authority to refrain from prosecuting a violation, even if the animal has engaged in the behaviors specified in subsections (1) through (3) of this section, if the animal control officer determines that the behavior was a result of the victim abusing or tormenting the animal or other extenuating circumstances.

(5) No violation shall be found under subsections (1) through (3) of this section if:

(a) The behavior in question was directed against a trespasser on the property of a business with a licensed watchdog; or

(b) The behavior in question was directed against a trespasser that has illegally entered any residence.

(6) A dangerous animal may be impounded by any law enforcement officer, animal control officer, or city employee, and disposed of in accordance with VMC 6.05.090 and 6.05.100.

(7) A dangerous animal running at large which, because of its disposition or diseased condition, reasonably appears to be hazardous to apprehend may be destroyed by any humane method permitted under state law by any law enforcement officer, animal control officer, or city employee. A dangerous animal running at large may be destroyed by any humane method permitted under state law by any other person upon property owned or controlled by such person if such person reasonably believes such action is necessary to prevent imminent physical harm to any person. (Ord. 521 § 3, 2015; Ord. 500 § 12, 2011)

6.05.125 Dangerous behavior restrictions.

(1) For the purpose of this section, “animal” means dogs, domestic animals, and livestock, not including cats.

(2) In addition to the other penalties and requirements of these animal control regulations, the court may impose one or more of the following restrictions on an owner of a dangerous animal:

(a) Level 1 dangerous behavior pursuant to VMC 6.05.120(1): (i) restrict animal with a physical device or structure that prevents the animal from reaching any public right-of-way or adjoining property; (ii) not permit the animal to be off the owner’s property unless the animal is restrained by an adequate leash, not to exceed six feet in length, and under the control of a capable person over the age of 18.

(b) Level 2 dangerous behavior pursuant to VMC 6.05.120(2) or Level 3 dangerous behavior pursuant to VMC 6.05.120(3)(a): (i) comply with subsection (2)(a) of this section; (ii) confine the animal within a secure enclosure or inside the home; and (iii) post warning signs on the property where the animal is kept.

(c) Level 3 dangerous behavior pursuant to VMC 6.05.120(3)(b): (i) comply with subsections (2)(a) and (2)(b) of this section; and (ii) not permit the animal to be off the owner’s property unless the animal is muzzled and restrained by an adequate leash, not to exceed six feet in length, and under the control of a capable person over the age of 18.

(d) Level 3 dangerous behavior pursuant to VMC 6.05.120(3)(c) through (e): euthanasia.

(e) Level 3 dangerous behavior pursuant to VMC 6.05.120(3)(e): suspend, for a period of time, the animal owner’s right to possess any animal within the city of Veneta, including animals currently owned by that person.

(3) To ensure correct identification, all animals that have engaged in dangerous behavior described in VMC 6.05.120 shall be required to wear an identifying collar and ID tag, to be issued by the city, in addition to any other license fees and other requirements.

(4) In addition to the normal licensing fees established in VMC 6.05.050, there shall be an additional licensing and supervision fee for dogs that have been determined to have engaged in dangerous behavior pursuant to VMC 6.05.120 in amounts provided by resolution of the city council. This additional fee shall first be payable at the time that determination is made. Renewals are due upon the anniversary of the determination. (Ord. 521 § 4, 2015)

6.05.130 Reporting of biting dogs or other animals.

(1) The keeper of an animal which bites a human being shall immediately notify the animal control authority of such bite, the time and circumstances of such bite, and the name and address of the person bitten, if known.

(2) Any person who is bitten by an animal shall forthwith notify the animal control authority of such bite, giving a description of the animal, the time and circumstances of the bite, and the name and address of the keeper, if known.

(3) When a doctor, veterinarian, hospital employee, emergency medical technician, or other person, has information that a person has been bitten by an animal, such person shall forthwith notify the animal control authority. (Ord. 500 § 13, 2011)

6.05.140 Biting and rabid animals – Quarantine.

(1) When either the animal control authority or the Department of Public Health and Human Services or Department of Public Safety of Lane County has grounds to suspect that an animal is infected with the disease of rabies, there shall be delivered to the keeper of the animal a written notice thereof, if the keeper’s name and address are known to the animal control authority. Upon receipt of the notice, the keeper shall be required to quarantine the animal for 10 days, or such other time period as the animal control authority may designate, at a location designated by the animal control authority. The biting of any person by an animal shall constitute adequate grounds for suspecting the animal to be infected with rabies, even if the animal has a current rabies vaccination. The delivery of the notice to the keeper’s residence or usual place of abode, or the premises where the animal is usually kept, shall be considered delivery of notice to the keeper. If the animal is quarantined in a veterinary hospital, kennel, or other institution, the keeper shall pay a fee for the quarantine which shall be set by separate resolution of the city council.

(2) Any animal which has been bitten by another animal proved to be rabid shall be destroyed by any humane method permitted under state law.

(3) If an animal exhibits symptoms of rabies while it is under quarantine, the Director of Public Health may order in writing that it be euthanized and that its head be submitted to the Oregon State Public Health Laboratory. (Ord. 500 § 14, 2011)

6.05.145 Restrictions imposed after quarantine.

(1) The purpose of this section is to establish optional restrictions which the Veneta municipal judge may impose upon owners and keepers of animals that have been cited into Veneta municipal court for a violation of VMC 6.05.120(1), (2) or (3) prior to their court arraignment date on the issued citation.

(2) The municipal judge shall have the authority to determine whether any animal has engaged in the behaviors for which the citation was issued, based upon affidavit testimony provided by city staff, officers, or other witnesses who personally observed the behavior.

(3) Based upon the municipal judge’s independent investigation conducted pursuant to subsection (2) of this section, as a precautionary measure prior to a court arraignment, the municipal judge may impose one or more of the following restrictions:

(a) The animal shall be confined by a physical device or structure that prevents the animal from reaching any public right-of-way or adjoining property.

(b) The animal shall be on a leash not to exceed six feet in length whenever off the owner’s property and under control of a capable person over the age of 18.

(d) The animal shall not be allowed off the owner’s property unless the animal is muzzled.

(e) The owner shall post warning signs on the property where the animal is kept.

(f) The owner and dog shall attend and complete a dog behavior class approved by the court.

(g) The owner shall spay or neuter the dog.

(h) The owner shall not sell, destroy or remove the animal from city limits without prior approval from the court.

(4) The municipal judge shall provide written notice to the animal’s owner or keeper of the precautionary restrictions placed upon the animal by certified mail or personal service, identifying the citation, as well as the specific behavior meriting the precautionary restrictions. The notice shall also inform the owner or keeper that he or she may contest the behavior in question in court, on the day provided on the issued citation.

(5) If the keeper of the animal fails to comply with the restrictions imposed by the court under this section, any law enforcement officer, animal control officer, or city employee may impound the animal. (Ord. 521 § 5, 2015)

6.05.150 Dead animals – Removal of carcasses.

No person shall knowingly permit an animal carcass owned by him to remain on public property or to be exposed on private property for more than 24 hours. (Ord. 500 § 15, 2011)

6.05.160 Exotic animals.

No person shall keep an exotic animal within the city limits of Veneta. (Ord. 500 § 16, 2011)

6.05.165 Feeding of game animals.

No person shall intentionally, knowingly, recklessly or with criminal negligence place or allow to be placed in any manner food or other substance which attracts game animals. (Ord. 502 § 1(B), 2011)

6.05.170 Entry on sidewalk or street.

No animal shall be picketed or tied in such a manner that it may go onto a public sidewalk or into a public street. (Ord. 500 § 17, 2011)

6.05.180 Entry onto private land.

Any law enforcement officer, animal control officer, or city employee may enter onto private property in order to enforce the terms of this chapter. This privilege shall be exercised by the officer or employee within applicable legal authorizations. (Ord. 521 § 1, 2015; Ord. 500 § 18, 2011)

6.05.190 Enforcement authority.

Officers of any animal control authority contracted or appointed by the city, and all city employees, are hereby empowered to enforce the provisions of this chapter, and said officers shall enforce such ordinance by citing alleged violators to appear in Veneta municipal court. (Ord. 500 § 19, 2011)

6.05.200 Exemption for law enforcement animals.

An animal owned by a law enforcement agency is exempt from the provisions of this chapter, so long as the animal is under the care and control of a law enforcement officer. (Ord. 500 § 20, 2011)

6.05.210 Penalties.

(1) A person violating any section of this chapter or an order issued under authority of this chapter shall, upon conviction, be punished by a fine not to exceed either $500.00 or the applicable amount set forth by separate resolution setting the fees and fines for violations of this chapter. Each day during which violation of this chapter continues or occurs shall constitute a separate violation.

(2) Notwithstanding subsection (1) of this section, if the conduct violating this chapter also violates provisions of a state statute identical to the provisions of this chapter and to which a lesser penalty attaches under state law, punishment of the violation shall be limited to the lesser penalty prescribed by state law. (Ord. 500 § 21, 2011)