The purpose of this chapter is to establish a procedure whereby dogs which have exhibited a threat to the health and safety of humans or domestic animals are identified in order to allow precautionary measures to be taken to insure the safety of the citizens of Cannon Beach.
(Ord. 96-14 § 1)
A dog shall be classified as a dangerous animal based upon specific behavior exhibited by the dog. For the purposes of Sections 6.08.020 through Section 6.08.050, behaviors establishing various levels of potential dangerousness are as follows:
A. 
Level 1 behavior is established if a dog, whether at large or restrained, attacks and injures any domestic animal.
B. 
Level 2 behavior is established if a dog, whether at large or restrained:
1. 
Bites or injures a human; or
2. 
Seriously injures or kills a domestic animal.
C. 
Level 3 behavior is established if a dog:
1. 
Seriously injures or causes the death of a human; or
2. 
A dog that has been classified as a Level 2 and repeats the behavior described in subsection B of this section after the owner receives notice of the Level 2 classification; or
3. 
Is found to engage in or is found to have been trained to engage in exhibitions of dog fighting.
D. 
Notwithstanding subsections A through C of this section, the chief of police or designee shall have the discretionary authority to refrain from classifying a dog as dangerous or potentially dangerous, even if the dog has engaged in behaviors specified in subsections A through C of this section, if the chief of police or designee determines the behavior was the result of the victim or domestic animal tormenting the dog or initiating the attack; the victim was involved in a criminal activity against the dog's owner, or other extenuating circumstances. In any case, no dog will be classified if the behavior in question was directed against a trespasser inside any fully enclosed building on private property or in any private vehicle.
(Ord. 96-14 § 1)
A. 
The chief of police or designee shall have authority to determine whether any dog has engaged in the behaviors specified in Section 6.08.020. This determination shall be based upon an investigation that includes observation and testimony about the dog's behavior, including the animal's past history and the owner's control of the dog. Witnesses to the dog's behavior shall sign a written statement attesting to the observed behavior and agree to provide testimony regarding the dog's behavior if necessary.
B. 
The chief of police or his designee shall give the dog's owner written notice by certified mail or personal service of the dog's classification as a potentially dangerous dog and of the additional restrictions applicable to that dog by reason of its classification. If the owner denies that the behavior in question occurred, the owner may appeal the determination of the chief of police within ten days of the date the notice was received by the owner by certified mail or the owner was personally served.
C. 
The municipal court judge shall hold a public hearing on any appeal from a decision by the chief of police to classify a dog as dangerous or potentially dangerous. The owner and any other person having relevant evidence concerning the dog's behavior as specified in Section 6.08.020 shall be allowed to present testimony. The municipal court judge shall determine whether behavior specified in Section 6.08.020 was exhibited by the dog in question. The municipal court judge shall issue an order containing his or her determination, which shall be final.
D. 
Once the owner has received notice of the dog's classification as a Level 1, 2 or 3 dangerous or potentially dangerous dog, pursuant to subsection B of this section, the owner shall comply with the restrictions specified in the notice until such time as the chief of police or designee's decision may be reversed on appeal. 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 chief of police or designee shall have the authority to impound the dog pending completion of all appeals.
E. 
If the chief of police or his designee finds the animal has engaged in Level 3 behavior, the dog shall be impounded pending the completion of an appeal. If the chief of police or designee's decision is upheld on appeal, the dog's owner shall be liable for the cost of impoundment.
F. 
The imposition of regulations pursuant to this section shall not prevent the issuance of a citation pursuant to Section 8.04.020.
(Ord. 96-14 § 1)
In addition to the other requirements of Section 8.04.020, the owner of a classified dangerous dog shall comply with the following regulations:
A. 
If the dog has engaged in Level 1 behavior, the owner shall confine the dog in a secure enclosure whenever the dog is not on a leash or inside the home of the owner. The dog must be restrained on an adequate leash and under the control of a capable person when off the property and within the jurisdictional limits of the city including the ocean shore.
B. 
If the dog has engaged in Level 2 behavior, the owner shall confine the dog in a secure enclosure whenever the dog is not on a leash or inside the home of the owner. In addition, warning signs must be posted on the property where they are clearly legible. The dog must be muzzled and restrained on an adequate leash and under the control of a capable person when off the property and within the jurisdiction limits of the city.
C. 
If a dog has engaged in Level 3 behavior, the chief of police or designee shall request from the municipal court judge one or more of the following:
1. 
An order permanently banning the dog from the city, and authorizing that the dog may be seized and euthanized if this court order is violated;
2. 
An order that the dog be euthanized;
3. 
An order prohibiting the dog's owner from being in possession of any dog within the city limits of the city.
(Ord. 9614 § 1; Ord. 02-8 § 1)
A. 
At the discretion of the chief of police, a dog with a documented history of exhibiting Level 1 or 2 behavior may be prohibited from entering or residing within the city limits of the city except to be transported in a secure vehicle while passing through the city.
B. 
In addition, the chief of police or designee is empowered to ban a Level 2 dog for either a specified time or permanently. The owner of a dog banned under this subsection shall have the right of appeal, specified in Section 6.08.030, of any decision under this section.
(Ord. 96-14 § 1)
A. 
The owner(s) of a dog that injures a human being shall be liable for damages such as hospitalization, and medical costs, compensation, and other consequential damages incurred by the victim.
B. 
The owner(s) of a dog that bites or injures any domestic animal (including birds and husbandry animals) shall be liable for damages such as veterinary costs, compensation and other consequential damages incurred by the owner of the injured animal.
(Ord. 96-14 § 1)
Violation of any provision of this chapter is punishable by a fine not to exceed five hundred dollars.
(Ord. 96-14 § 1)