[Repealed by Ord. No. 1780, 2-17-1981]
[Ord. No. 1780, 2-17-1981; Ord. No. 1852, 10-26-1982; Ord. No. 1950, 7-21-1987; Ord. No. 2002, 3-6-1990; Ord. No. 2037, 7-16-1991; Ord. No. 2231, Amended, 3-21-2000; Ord. No. 2858, Amended, 12-15-2020]
The terms used in this chapter shall have the following meanings
unless the context requires otherwise:
Any mammal, bird or reptile.
Any dog or livestock which is off or outside of the premises
occupied by the keeper or is not in the company of and under the control
of its keeper, unless restrained by a leash, tether or other physical
control device.
Any animal that bites any human being, dog, cat, rabbit or
livestock, or that chronically demonstrates menacing behavior toward
human beings, dogs, cats, rabbits or livestock. For purposes of this
chapter, "menacing behavior" shall include, but not be limited to,
baring of teeth, charging at a victim, growling in a threatening manner
or approaching a victim within 10 feet while barking.
Bovine species, horses, mules, burros, asses, sheep, goats,
swine and domestic fowl.
A person or legal entity who owns, or has a possessory property
right in an animal or who harbors, cares for, exercise control over,
or knowingly permits any animal to remain on premises occupied by
that person.
Any natural person, association, partnership, firm, or corporation.
A dog used primarily in law enforcement under the direction
of a law enforcement officer handler. A police canine retains its
status as such whether or not it is engaged in law enforcement activities.
Any animal belonging to the order rodentia of the class mammalia
and closely related species.
Incapable of reproduction by reason of age or physical condition,
or incapable of being subjected to a medical procedure to be rendered
unreproductive and certified by a licensed veterinarian to be such.
[Ord. No. 1780, 2-17-1981]
It shall be the responsibility of the City Manager or those
designated by the City Manager to enforce the provisions of this chapter.
[Ord. No. 1780, 2-17-1981; Ord. No. 1852, 10-26-1982; Ord. No. 2037, 7-16-1991; Ord. No. 2231, Amended, 3-21-2000; Ord. No. 2858, Amended, 12-15-2020]
1.
The
Clackamas County Animal Control Shelter is designated as the facility
to receive, care for and safely confine any animal delivered to its
custody under the provisions of this chapter. The facility shall be
accessible to the public at times to be determined by Clackamas County
Animal Control for the conduct of necessary business concerning impounded
animals.
2.
Any
animal may be impounded and held at the facility when it is the subject
of a violation of this chapter, when an animal requires protective
custody and care because of mistreatment or neglect by its keeper,
or when otherwise impounded by a Court.
3.
Regardless
of the reason for impoundment, an animal is deemed to be impounded
from the time the City takes physical custody of the animal.
4.
Impoundment
is subject to the following holding period and notice requirements.
a.
An
animal bearing identification shall be held for five working days
before any action is taken to dispose of the animal. The City shall
make reasonable effort within twenty-four hours of impoundment to
notify the keeper, shall send by registered or certified mail, a written
notice of the impoundment to the last known address of the keeper,
advising the keeper of the impoundment, the date by which redemption
must be made and the fees payable prior to redemption release.
b.
An
animal that does not bear identification shall be held for three working
days before any disposition may be made.
c.
Animals
held for period prescribed herein, or as otherwise required by ORS
433.340 to 433.390, and not redeemed by the keeper, shall be subject
to such means of disposal as provided in paragraph 5(c) of this section.
d.
Animals
delivered for impoundment by a peace officer who removed such animal
from possession of a person in custody of a peace officer shall be
held for the period prescribed in paragraph 4(a) of this section;
a receipt shall be given to the person in custody from whom the animal
was taken; the receipt shall recite redemption requirements and shall
serve as the notice required herein.
5.
a.
Notwithstanding
subsection (4)(a) of this section, and unless restrained by Court
order, the impound facility shall release any impounded animal to
the keeper or the keeper’s authorized representative upon payment
of all applicable impoundment, shelter, care, medical costs, license
fees or other applicable fees or deposits.
b.
An
animal held for the prescribed period and not redeemed by its keeper
or the keeper’s representative or agent, and which is neither
a biting or threatening animal nor in a dangerous health condition
becomes the property of Clackamas County and may be released for adoption
or otherwise disposed of pursuant to Clackamas County Rules and Regulations
and applicable state law.
c.
The
City shall dispose of animals held for the prescribed period without
redemption or adoption by means it deems most humane; provided, however,
that notwithstanding any prescribing holding period the City, upon
advice of a licensed veterinarian, may dispose of any unhealthy or
injured impounded animal. The keeper of an animal disposed of under
this section shall pay all costs of impoundment, shelter and care,
including medical costs, for the period in which the animal was impounded
and shall also pay the cost of disposal.
d.
Any
device attached to an animal upon impoundment shall be retained and
disposed of pursuant to Clackamas County Rules and Regulations and
applicable state law.
[Ord. No. 1780, 2-17-1981; Ord. No. 2037, 7-16-1991; Ord. No. 2231, Amended, 3-21-2000; Ord. No. 2330, Amended, 7-16-2002]
1.
Every person keeping a dog that has a set of permanent canine teeth or is six months old, whichever comes first, shall procure a license for the dog. The license must be procured by paying a license fee to the City, unless payment of the license fee is waived under subsection (6) below, not later than March 1 of each year, or within thirty days after the person becomes keeper of the dog. A dog license shall be valid for one, two, or three years, and shall expire on December 31 of the year, or last license year if issued for either two or three years, for which the license was issued. License fees are nonrefundable.
2.
No
license shall be issued for any dog with a set of permanent canine
teeth without either:
a.
Certification
that the dog has been vaccinated for rabies and that such vaccinating
is effective until at least November 1 prior to the December 31 expiration
of the licensed applied for; or
b.
A
certification from the examining veterinarian stating that the dog
should be exempted from the requirement for rabies vaccination due
to medical reasons, and whether the reason for the exemption is permanent,
and if it is not, the date the exemption ends. The reasons for the
exemption and a specific description of the dog, including name, age,
sex, breed, and color shall be recorded by the examining veterinarian
on a Rabies Vaccination Certificate which shall bear the keeper’s
name and address. If the medical exemption is granted for less than
the annual license period, the license shall expire 15 days following
the expiration of the medical exemption period unless the owner submits
a Rabies Vaccination Certificate.
3.
Licenses
issued by the City under prior existing City ordinances shall remain
valid until expiration.
4.
License
tags shall be securely displayed upon dogs at all times, except when
the dog is confined to the keeper’s premises or displayed in
an exhibition.
5.
A license is not transferable to another dog and shall be void upon transfer of a licensed dog to another keeper; provided that, however, that a new license may be purchased for the license replacement fee provided in LOC § 31.02.130.
6.
No
license fee shall be required to be paid for any dog in the following
circumstances:
a.
The
dog is an "assistance animal" as defined by ORS 659A.143, provided
the keeper tenders to the Finance Department a written statement from
a health care professional confirming the dog keeper’s medical
need for such a dog.
b.
The
dog is in training to be an assistance animal as defined in ORS 659A.143,
in affiliation with a recognized organization for the training or
placement of assistance animals, provided the trainer tenders to the
Finance Department a written statement attesting to such status of
the dog.
c.
The
dog’s keeper moves into the City of Lake Oswego or the dog’s
owner transfers the keeping of the dog to a person who resides in
the City, and the dog has a current license from another jurisdiction,
provided the dog remains in the possession of the keeper to whom such
license was issued.
d.
The
dog is kept primarily in kennels for commercial sale and is not permitted
to run at large.
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A license shall be issued for such dog upon a determination
that the dog qualifies for a license fee waiver for the annual license
period.
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[Ord. No. 2066, 10-6-1992]
Any person, firm or corporation having honey bees (apis mellifera)
on its property shall maintain each colony pursuant to the following
conditions:
[Ord. No. 1780, 2-17-1981; Section 6 Repealed by Ord. No. 1852, 10-26-1982; Ord. No.
2037, 7-16-1991; Ord. No. 2066, 10-6-1992; Ord. No. 2122, Amended, 9-19-1995; Ord. No. 2231, Amended, 3-21-2000; Ord. No. 2858, Amended, 12-15-2020; Ord. No. 2890, Amended, 3-17-2022]
1.
Confining
Animals to Motor Vehicles Prohibited.
a.
No
animal shall be confined within or on a motor vehicle at any location
under such conditions as may endanger the health or well being of
the animal, including but not limited to dangerous temperature, lack
of food, water or attention, or confinement with a dangerous animal.
b.
Any animal control or peace officer is authorized to remove any animal from a motor vehicle at any location when they reasonably believe it is confined in violation of subsection (1)(a) of this section. Any animal so removed shall be impounded as provided by LOC § 31.02.110. The removing officer shall leave written notice of such removal and delivery, including the officer’s name, in a conspicuous, secure location on or within the vehicle. Such additional notice as may be required by LOC § 31.02.110(4) shall be given upon impoundment of such removed animal.
c.
Neither
the City nor any animal control or peace officer shall be held criminally
or civilly liable for action pursuant to this section, provided the
officer acts in good faith, on probable cause and without malice.
2.
Duties
of Driver of Motor Vehicle. Any person operating a motor vehicle upon
premises open to the public who runs over, strikes, injures, maims
or kills any dog, cat or livestock shall immediately stop and render
aid to such animal, if injured, or shall notify the City, if such
animal is killed. Such person shall in either case make due and diligent
inquiry to determine and notify the owner of such animal.
4.
Poisonous
Food. No person shall knowingly place food of any description containing
poisonous or other injurious ingredients in any area reasonably likely
to be accessible to animals other than rodents.
5.
Animal
Regulation.
a.
For
the purposes of this section, unless otherwise limited, the term "permit"
shall include conduct by the keeper of an animal which is intentional,
deliberate, careless, inadvertent or negligent. "Keeper" shall mean
any person who owns or is in physical possession, controls or otherwise
has charge of an animal.
b.
It
shall be a violation for a keeper to:
i.
Permit a dog or livestock to become at large.
ii.
Permit a dog to chase a vehicle or person.
iii.
Permit a dog to scatter garbage.
iv.
Keep a biting or threatening animal. It shall be an affirmative defense
that an animal bites, attacks, or menaces a trespasser on the property
of its keeper or anyone wrongfully assaulting that animal or its keeper.
v.
Permit any animal to cause unreasonable annoyance, alarm or noise
disturbance at any time of the day or night by repeated barking, whining,
screeching, howling, braying or other like sounds which may be heard
beyond the boundary of the keeper’s property.
vi.
Leave an animal unattended for more than 24 consecutive hours without
adequate food, water, shelter, care or supervision. Shelter shall
include a structure or other means of protection from the weather
and injury.
vii.
Physically mistreat any animal either by deliberate abuse or neglect
to furnish adequate care, including medical attention.
viii.
Permit an animal to damage or destroy property of persons other
than the keeper.
ix.
Permit bees to live in any space other than moveable frame hives,
fail to register such hives with the Oregon Department of Agriculture,
to abandon any colonies or to keep diseased bees.
x.
Fail to promptly remove excrement or other solid waste deposited
by a dog in any area not designed to receive such wastes, including
but not limited to public areas such as streets, sidewalks, parking
strips, public parks and any private property owned by a person or
persons other than the property of the keeper of the dog.
xi.
Permit a dog to injure or kill a pet or domestic animal as defined
in ORS 167.310(4).
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Cross-Reference: LOC § 50.08.010 (keeping
of animals in R-7.5, R-10, R-15 zones).
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[Ord. No. 1852, 10-26-1982]
It shall be an affirmative defense to an alleged violation of LOC § 31.02.115 that the dog, otherwise required to be licensed, was at the time under the age of six calendar months old.
[Ord. No. 1780, 2-17-1981; Ord. No. 2037, 7-16-1991; Ord. No. 2231, Amended, 3-21-2000]
The keeper of any animal at large other than a dog or cat shall
reimburse the City for expenses incurred in locating, transporting
and otherwise attending such animal.
[Ord. No. 1780, 2-17-1981]
The Lake Oswego City Council shall by resolution establish fees
for dog license, dog license replacement and impoundment fees, shelter
fees and any other fee provided in this chapter.
[Ord. No. 1780, 2-17-1981; Ord. No. 1856, 12-28-1982; Ord. No. 2125, Amended, 9-19-1995; Ord. No. 2231, Amended, 3-21-2000]
Offenses committed in violation of provisions of this chapter
constitute civil violations. Except where otherwise provided, anyone
convicted of a violation of any provision of this chapter shall be
subject to a fine not to exceed One Thousand Dollars ($1,000).
[Ord. No. 1780, 2-17-1981]
Any person convicted of violation of LOC § 31.02.120(4) or LOC § 31.02.120(6) shall be subject to imprisonment for not more than one (1) year and a fine not to exceed $1,000 or both.
[Ord. No. 1780, 2-17-1981; Ord. No. 2037, 7-16-1991; Ord. No. 2084, Amended, 1-4-1994]
Any person convicted of violation of LOC § 31.02.120(5) shall be subject to a fine not to exceed One Thousand Dollars ($1,000); and the Court in its discretion, may also order destruction of the animal or animals involved, the removal of the animal from the City of Lake Oswego, restitution for damages or any other remedy within the power of the Court.
[Ord. No. 1950, 7-21-1987]
[Repealed by Ord. No. 1780, 2-17-1981]
[Repealed by Ord. No. 1458, 2-15-1972]
[Repealed by Ord. No. 1780, 2-17-1981]
[Repealed by Ord. No. 1617, 3-16-1976]
[Repealed by Ord. No. 1780, 2-17-1981]
[Repealed by Ord. No. 1458, 2-15-1972]
[Repealed by Ord. No. 1780, 2-17-1981]
[Repealed by Ord. No. 1458, 2-15-1972]
[Repealed by Ord. No. 1780, 2-17-1981]
