As used in this chapter:
"Animal"
means any live vertebrate creature, domestic or wild.
"Barking dog"
means a dog which disturbs any person by frequent or prolonged noises.
"County"
means Douglas County.
"Dog at large"
means any dog which is:
1. 
On private property without the permission of the owner or person entitled to possession of the property and is not in a kennel, restrained by a physical control device or under the control of a capable person by adequate leash; or
2. 
On public property and not in a kennel, restrained by a physical control device or under the control of a capable person by adequate leash.
"Dog"
means any mammal of the Canidae family.
"Impoundment"
means seizing and confining any animal by any police officer, animal control officer, or any other public officer under the provisions of this Chapter.
"Kennel"
means a portable enclosure of sound structural strength, in good repair, capable of containing the animal enclosed therein and preventing the entrance of other animals.
"Leash"
means any humane device constructed of rope, leather strap, chain or other sturdy material, not exceeding eight feet in length, which is being held in the hand of a person capable of controlling the animal to which it is attached.
"Owner"
means any person who is the owner of a licensed dog, has a possessory right of property in a dog, harbors a dog or has a dog in their care, possession, custody or control, or who knowingly permits a dog to remain on any premises occupied by the person.
"Physical control device"
means a sufficiently strong collar connected to a leash or tether made of chain or other sturdy material so as to prevent the escape of a dog by the breaking of the device.
"Public's legal right of ingress and egress"
means public access onto private property with either the express or implied permission of the owner or person entitled to possession of the property. Permission of the owner or person entitled to possession of the property shall be implied over those portions of the private property which are commonly used by the public, including but not limited to, postal and delivery workers, public utility service workers, customers and sales people.
(Ord. 2934 § 1, 1996Ord. 3596, 1/22/2024)
Except as this Chapter requires more stringent limitations upon dogs or other animals or the ownership or control of dogs or other animals, the Council hereby consents to the application and enforcement of all County animal control ordinances currently in effect or adopted hereafter.
(Ord. 2934 § 1, 1996; Ord. 3596, 1/22/2024)
A maximum number of four adult dogs and their offspring of any number up to the age of six months may be kept by an owner who resides or is staying in the City. Dog owners residing in a single-family dwelling may keep a maximum number of four adult dogs and their offspring of any number up to the age of six months on their privately owned City lot. Dog owners residing in duplex or multifamily dwellings may keep a maximum number of two adult dogs and their offspring of any number up to the age of six months. Dog owners on private property containing no dwellings may keep a maximum number of four adult dogs and their offspring of any number up to the age of six months.
No more than one female dog may be used for breeding purposes at any one time.
The restrictions set by this Section do not apply to any properly licensed kennel, as defined in Section 12.02.090.
(Ord. 3596, 1/22/2024)
A maximum number of six adult cats and their offspring of any number up to the age of six months may be kept by an owner who resides or is staying in the City. Cat owners residing in a single-family dwelling may keep a maximum number of six adult cats and their offspring of any number up to the age of six months on their privately owned City lot. Cat owners residing in duplex or multifamily dwellings may keep a maximum number of three adult cats and their offspring of any number up to the age of six months. Cat owners on private property containing no dwellings may keep a maximum number of six adult cats and their offspring of any number up to the age of six months.
No more than one female cat may be used for breeding purposes at any one time.
The restrictions set by this Section do not apply to any properly licensed kennel, as defined in Section 12.02.090.
(Ord. 3596, 1/22/2024)
Every dog shall be licensed by the County, pursuant to County regulations. No person shall own or have custody of a dog which is unlicensed after thirty days from the date of taking ownership or custody of the dog.
(Ord. 2934 § 1, 1996;Ord. 3596, 1/22/2024)
Except in areas designated as public property off-leash areas, no owner shall permit a dog to be at large within the City.
(Ord. 2934 § 1, 1996; Ord. 3596, 1/22/2024)
A. 
It is unlawful for any person owning or keeping a dog, except for a seeing-eye dog, to allow the dog to deposit solid waste matter on any property other than that of the person owning or keeping the dog. It shall be a defense to this Section if the dog owner or keeper immediately removes the solid waste.
B. 
A person who violates the above subsection A shall be punished upon conviction by a fine of not less than twenty-five dollars. For a second offense within a one-year period, the fine shall be no less than one hundred dollars.
(Ord. 3176 § 1, 2004; Ord. 3596, 1/22/2024)
An animal control officer or law enforcement officer may impound a dog that is in violation of any part of this Code for a period of time hereinafter specified. A daily record of dogs impounded under this Chapter shall be kept at the place of impoundment and shall be made available to the public.
A. 
Notice. The animal control officer or law enforcement officer shall notify the owner of the dog of the impoundment. If the animal control officer or law enforcement officer is unable to contact the owner at the time of impoundment, the owner shall be immediately notified by certified mail, with return receipt requested sent to the owner's last known address. The notice of impoundment shall inform the owner of the day that they may request, in writing, a hearing to contest the impoundment within five business days of receipt of notice.
B. 
Period of Impoundment.
1. 
An unlicensed dog, or a dog for which the owner is unknown, which has not been redeemed within seventy-two hours after impoundment will be deemed property of the animal shelter and may be sold or humanely euthanized.
2. 
A licensed dog, or a dog for which the owner is known, which has not been redeemed within one hundred twenty hours of notification of the owner by telephone contact or by mailing of the impoundment notice may be deemed property of the animal shelter and may be sold or humanely euthanized.
C. 
Fee. A fee charged against the owner of a dog who has been impounded shall be in the amount set by the animal shelter that is holding the dog.
D. 
Redemption. Redemption of impounded dogs shall be made by exhibiting satisfactory proof that the person is the owner, and by paying the animal shelter the following required fees and charges:
1. 
Impoundment fee;
2. 
Daily care fee;
3. 
License and rabies vaccination fees, if required; and
4. 
Medical care fees, if required.
E. 
Appeal.
1. 
An appeal of a decision of the animal control or law enforcement officer pursuant to this Section must state the information set out in Section 6.02.100(A) of this ordinance, except that the written appeal must be received by the City within five business days of receipt of the notice of impoundment. For the purposes of this Section, receipt of the notice of impoundment is complete three days after mailing or immediately upon personal notice.
2. 
An owner of the impounded dog may request a hearing be held within ten business days after receipt of the request for hearing. Otherwise, the municipal court judge shall hold a hearing within thirty days of receipt of the notice to determine if a violation of this Chapter occurred by a preponderance of the evidence. If the municipal court judge determines that a violation of this Chapter did not occur, the dog shall be immediately released back to the owner, with no impoundment charges. The decision of the municipal court judge is final.
F. 
If a notice of appeal has not been timely filed, or if a dog which has not been redeemed after five business days of notification of the owner if known, or within seventy-two hours after impoundment if the owner is not known, the dog may be deemed property of the animal shelter, and sold or humanely euthanized.
G. 
No impoundment charge shall be made for dogs released after the municipal court judge's determination that no violation of this ordinance has occurred.
(Ord. 2934 § 1, 1996; )
A. 
The owner of a dog that bites a human being shall immediately file a report with the animal control officer or law enforcement officer and provide the time and circumstances of the bite, and name and address of the person bitten, if known.
B. 
Any person who is bitten by a dog shall immediately file a report with the animal control officer or law enforcement officer describing such bite, giving the description of the dog, the time and circumstances of the bite and the name and address of the dog owner, if known.
C. 
Upon notice of a dog bite, the animal control officer or law enforcement officer shall deliver written notice to the owner of the dog, if known. The owner shall thereupon be required to quarantine the dog for ten days.
D. 
An owner who is required to quarantine a dog shall:
1. 
Prevent the dog from being in contact with any other animal or person; or
2. 
At the owner's expense, quarantine the animal in a licensed veterinary hospital, local animal humane society, or a kennel approved by the City Manager, or designee.
E. 
If the dog exhibits symptoms of rabies, the owner or person in possession of the dog shall handle or dispose of the dog pursuant to ORS 433.345.
(Ord. 3596, 1/22/2024)
A. 
An animal shall be a public nuisance under the meaning of this Chapter in the following instances:
1. 
The number of animals maintained on any premises is found to exceed the number allowed by this Chapter.
2. 
The animals or group of animals make loud or frequent noises that disrupt the comfort or repose of persons in accordance with a reasonable person standard.
3. 
The animal or animal premises is unsanitary to a degree that offensive odors can be detected from an adjoining street, yard, or residential unit.
4. 
The animal habitually escapes confinement and trespasses on private property other than its owner's or on public right-of-way.
5. 
The animal is found roaming at large.
6. 
The animal chases persons or vehicles on premises other than premises from which the owner of the animal may lawfully exclude others.
7. 
The animal damages or destroys property of persons other than the owner of the animal.
8. 
The animal scatters garbage on premises other than premises from which the owner of the animal may lawfully exclude others.
9. 
While off the owner's property, the animal displays menacing, threatening or aggressive behavior, or threatens or endangers the safety of any person or domestic animal.
10. 
The animal bites any person or animal while unprovoked.
11. 
The animal is at large and has been determined by the County to be a dangerous or potentially dangerous animal.
B. 
It is unlawful for any person being the owner of any animal to permit the animal to be a public nuisance as defined in this Chapter.
C. 
The municipal court judge may order the animal euthanized if a violation for biting a person or killing or injuring another animal is sustained and the judge determines that the animal poses a significant risk of harm to persons or animals.
D. 
The municipal court judge may suspend or waive some or all of any penalty and require remedial actions as a condition of such suspension, including, but not limited to, restitution, installation of fencing or other containment, and owner and dog training.
E. 
Nothing in this Section limits the authority of the City or State to prosecute an offense or violation as provided in the Oregon Revised Statutes or restricts the right of a victim to bring an action for damages as provided by law.
(Ord. 2934 § 1, 1996; Ord. 3596, 1/22/2024)
Notwithstanding any contrary provisions of this Code relating to intergovernmental agreements, within the limits of appropriations, the City Manager may enter into contracts for the enforcement of the provisions prescribed within this Chapter.
(Ord. 2934 § 1, 1996; Ord. 3596, 1/22/2024)
A. 
Unless otherwise specifically provided under Section 6.02.060(E) of this Chapter, any person aggrieved by a decision of the animal control officer or law enforcement officer may seek review of the decision by filing a written appeal with the municipal court judge not more than fifteen business days after receiving notice of the decision. The written appeal shall state:
1. 
The name and address of the appellant;
2. 
The reason given by the City for its decision; and
3. 
The reason the determination is incorrect.
B. 
The municipal court judge shall hold a hearing within thirty days of a timely and complete written appeal to hear and determine the appeal on the basis of the appellant's written statement and any additional evidence the municipal court judge deems appropriate. If the municipal court judge decides to take oral argument or evidence at the hearing, the appellant may present testimony and oral argument personally or by counsel. The rules of evidence as used by courts of law do not apply. The appellant shall have the burden of proving the error in the animal control or law enforcement officer's authority or determination. The municipal court judge shall issue a written decision within twenty business days of the hearing date. The municipal court judge's decision is final.
(Ord. 3596, 1/22/2024)
"Livestock"
as defined in ORS 609.125 includes, but is not limited to, a horse, mule, jackass, cattle, sheep, goat, chicken, goose or other poultry as defined in ORS 603.038, llama, ostrich, rabbit, bees or other domestic animal, excluding swine and roosters, but including fur-bearing animals bred and maintained commercially or otherwise.
(Ord. 2935 § 1 (part), 1996; Ord. No. 3551, § 1, 3-8-2021)
A. 
No person shall cause or allow the keeping of swine on real property.
B. 
No person shall cause or allow the keeping of roosters on real property.
C. 
No person shall cause or allow the keeping of livestock over 50 pounds on real property that is less than two acres.
Editor's note(s)—Ord. No. 3551, § 2, 3-8-2021, changed the title of § 6.04.010 from "swine prohibited" to read as herein set out.
(Ord. 2935 § 1 (part), 1996; Ord. No. 3551, § 2, 3-8-2021)
A. 
No person shall cause or allow the keeping of any livestock on real property without a current, valid livestock permit.
B. 
Permit requests for short term (not more than two weeks) use of livestock on real property will be individually evaluated by the Police Chief.
C. 
No person shall have more than five poultry on real property.
1. 
Exception: one additional poultry may be allowed for each additional acre over two acres, not to exceed 20 total poultry.
D. 
No person shall have more than six rabbits on real property.
1. 
Exception: one additional rabbit may be allowed for each additional acre over two acres, not to exceed 20 total.
E. 
No person shall have more than three bee hives on real property.
1. 
Exception; a beekeeper who picks up a swarm of bees may hold them for a period of not more than two weeks.
2. 
Colonies shall be maintained in small movable frame hives.
3. 
Adequate space shall be maintained in the hives to prevent overcrowding and swarming.
4. 
Colonies shall be requeened with a young hybrid queen annually, or as often as necessary to prevent any swarming or aggressive behavior.
5. 
Hives shall not be located within 25 feet of any property line.
F. 
Horses shall have a fenced corral or pasture, or a combination of the two, with a usable area of at least 10,000 square feet for one horse, 20,000 square feet for two horses, and 5,000 square feet for each additional horse.
G. 
Cows, mules, jackasses, goats, and sheep shall have a fenced corral or pasture, or a combination of the two, with a usable area of at least 10,000 square feet per animal.
H. 
Unless authorized by the Police Chief, enclosures for livestock, to include barns, animal runs, and poultry pens, shall be located on the rear half of the property not closer than 25 feet from any dwelling off of the permittee's property.
I. 
Livestock, to include poultry, shall be properly caged or housed, and proper sanitation shall be maintained at all times. All animal or poultry food shall be stored in metal or other rodent-proof containers.
J. 
Fences used for enclosing livestock shall be kept in good repair and be at least four feet in height.
(Ord. 2935 § 1 (part), 1996; Ord. No. 3551, § 3, 3-8-2021)
If any real property where livestock is kept is annexed to the City, provided that no corrals, stables or other structures housing the livestock, other than fences, are located within two hundred feet of a dwelling owned or occupied by another person, the owners of the annexed property shall be allowed to maintain the livestock on such property without purchasing a livestock permit for a time not to exceed five years from the date of annexation or until the property is sold, whichever occurs first. After such period of exemption, the person owning the livestock must apply for the required permit.
(Ord. 2935 § 1 (part), 1996)
The Police Chief shall issue a permit for keeping livestock upon application on a form prescribed by the City and payment of the permit fee as set by Council resolution if:
A. 
The requested livestock would not impact the quality of life that is expected in populated urban areas; i.e., unsafe livestock for the area, aggressive animals, excessive noise, obnoxious smell, rodent infestation, flies, etc.
B. 
The premises where the livestock will be kept are sanitary and adequately enclosed from other persons' property.
C. 
The premises' property boundaries lie not less than two hundred feet from any dwelling, or the applicant obtains signatures from owners or residents of all occupied dwellings within 200' of their property boundaries.
D. 
As a condition of the issuance of a permit, the premises shall remain open for inspection at reasonable times by the Police Chief or their designee for compliance with this Chapter.
The Police Chief may grant permits for short term livestock use without the requirement of subsection C, and with exceptions to 6.04.020 C.—J.
(Ord. 2935 § 1 (part), 1996; Ord. No. 3551, § 4, 3-8-2021)
A livestock permit shall be revoked if the Police Chief finds that the premises are no longer sanitary or adequately enclosed, or reasonably open to inspection, or that fifty percent or more of the owners or residents of abutting property (adjoining with a common boundary line as defined in Municipal Code 12.02.090) now object in writing to the permittee's keeping of livestock, or that the livestock presents an unreasonable risk of danger to other persons or property, or that the livestock adversely affects the quality of life that is expected in populated urban areas. Any permittee whose permit is revoked shall have ten days to relocate or otherwise dispose of the livestock, unless the Police Chief finds that the livestock pose an unreasonable threat to the health or safety of the public, in which case any revocation shall be effective immediately.
(Ord. 2935 § 1 (part), 1996; Ord. No. 3551, § 5, 3-8-2021)
A. 
Any person whose application for a permit is denied or whose permit is revoked by the Police Chief may seek review of the denial or revocation by filing a written appeal with the City Manager not more than ten days after receiving notice of denial or revocation. The written appeal shall state:
1. 
The name and address of the appellant;
2. 
A description of the livestock being kept or desired to be kept and the facilities for livestock;
3. 
A map showing the location of the livestock in relation to the permittee's property lines, abutting properties and all structures used for human occupancy;
4. 
The reason given by the Police Chief for denying the application or revoking the permit; and
5. 
The reason the determination is incorrect.
B. 
If a written appeal from a revocation is timely filed, the permittee shall be allowed to continue to keep the livestock for which the permit was obtained, pending the determination of the appeal, unless the Police Chief determines that the livestock present an unreasonable threat to the public health or safety, in which case the revocation of the permit shall become effective immediately.
C. 
The City Manager shall hear and determine the appeal on the basis of the appellant's written state-ment and any additional evidence the Manager deems appropriate. If the City Manager decides to take oral argument or evidence at the hearing, the appellant may present testimony and oral argument personally or by counsel. The rules of evidence as used by courts of law do not apply.
D. 
The appellant shall have the burden of proving the error in the Police Chief's determination.
E. 
The City Manager shall issue a written decision within twenty days of the hearing date.
F. 
Any person whose appeal has been denied may petition the City Council requesting it review the record in the proceedings before the Police Chief and City Manager. Such petition shall be in writing and filed with the City Manager not more than ten days after receiving the City Manager's decision. The petition shall specify the reasons why the City Manager's decision is erroneous and state the desired result.
G. 
Upon receiving a petition for review the Council may, in its sole discretion, decline to review the City Manager's decision, review the decision on the written record before it or invite oral argument before rendering a decision on the record. The decision of the Council is final.
(Ord. 2935 § 1 (part), 1996)