Sections
5.400 to
5.476 of this code are intended to protect the members of the public from personal injury and property damage arising from the conduct of dogs and other animals, to abate nuisances and to reduce risks from hazards. The intent is not only to decrease opportunity for injury to members of the public or damage to property from bites or attacks, but also to minimize the opportunities for personal injuries and property damage arising out of dogs and other animals lunging, chasing, knocking down, stinging, kicking, barking, running at large, and other similar conduct. Sections
5.400 to
5.476 are intended to not only provide the remedies set forth herein, but also intended to encourage civil enforcement of these community objectives in accordance with the legal doctrines of statutory tort and negligence per se.
[Section 5.400 amended by Ordinance No. 6421, enacted October 19, 2020]
As used in sections
5.400 to
5.476, the following mean:
Abandoned.
Any dog or other animal left without proper food and water
for a period of over 24 hours, or any barking dog without supervision
for a period of over 24 hours.
Animal, Adult.
(1)
Any fowl, poultry or rabbit over the age of six months.
(2)
Any horse, cow, llama, sheep, goat, miniature horse, or pygmy
goat over the age of one year.
Animal Control Authority.
The animal control enforcement authority appointed by the
city. An animal control officer is an officer of the animal control
authority.
Animal Owner.
Any person who is the licensed owner of an animal, or who
has the right of property in an animal, or who, without regard to
any ownership interest, keeps an animal, harbors an animal, or who
has an animal in said person’s care, possession, custody or
control. Animal owner does not include veterinarians or commercial
kennel operators temporarily maintaining on their premises for a period
of not less than 30 days animals owned by other persons. Any person
except a veterinarian or commercial kennel operator, who resides where
an animal is kept, harbored or cared for, shall be presumed to be
the owner of that animal. This presumption may be rebutted by proof
that such person is not harboring the animal, that the animal is not
in that person’s care, possession, custody, or control, or that
the person does not knowingly permit the animal to remain on any premises
occupied by the person.
At Large.
A dog or other animal inside the corporate limits of the city, off the premises of the owner or off the premises the owner has permission to be upon, and not under complete control by adequate leash. A dog in an area designated as a dog-off-leash area within a city park is exempted unless the dog causes personal injury or property damage off the premises of the owner. This exception does not apply to any dog identified as a vicious dog under section
5.456 or any dog under current bite quarantine under section
5.452.
Barking Dog, Continuous Annoyance.
For purposes of violation of section
5.420; permitting a barking dog to cause continuous annoyance occurs when a person unreasonably permits a dog to cause continuous annoyance, alarm or disturbance for more than 10 minutes at any time of day or night or in intermittent episodes lasting a minimum of 30 minutes, be it repeated barking, whining, howling or other like sounds which can be heard beyond the boundary of the owner’s property.
Bees.
Honey-producing insects of the genus Apis and includes the
adults, eggs, larvae, pupae or other immature stages thereof, together
with such materials as are deposited into hives by their adults, except
honey and beeswax in rendered form, excluding African honey bees.
Control of Dog.
Means the dog is fully under the care, supervision and control
of the dog’s owner or handler. This includes being on a leash
and totally controlled by the leash holder so that the dog may not
unreasonably interfere with other persons or property.
Cruel Mistreatment.
Includes, but is not limited to, intentionally, knowingly
or recklessly overdriving, overloading, overworking, torturing, tormenting,
depriving of necessary sustenance, beating, mutilating, killing, or
otherwise inflicting cruelty on a dog or other animal or treating
it in a cruel manner.
Cruel Neglect.
Includes, but is not limited to, intentionally, knowingly
or recklessly failing to provide an animal with necessary and adequate
food and water for a period in excess of 24 hours, abandoning an animal,
depriving an animal of an adequate air supply, failing to provide
an animal with necessary medical and/or veterinary attention, or failing
to provide an animal with adequate shelter from the elements.
Dangerous Animal.
Any animal which has the propensity to bite or attack any
person or animal without provocation and the capacity to inflict serious
harm on such person or animal. Additionally, any animal that has injured
a human being or animal, on two occasions without provocation is a
dangerous animal.
Dog.
A highly variable, carnivorous, domesticated mammal, probably derived from several wild species. The term “dog” does not include wolf. The term “dog” includes male or female, of any age, size, color or breed. Animals declared by the owner to be wolf-dog hybrids will be licensed under dog control ordinances and all other animal control regulations that would apply to a dog shall apply. With the exception of sections
5.404,
5.424(2),
5.460,
5.462 and
5.470, police service dogs or K-9 dogs actively employed by a police agency are exempt from the provisions of sections
5.400 to
5.476.
Dog-Off-Leash Area.
Any area within a city park designated by the Willamalane
Park and Recreation District as an area in which dogs may be allowed
to run off leash.
Dog Kennel, Commercial.
A place of business where dogs are boarded. No more than
two of the dogs shall be used for breeding. The term is not intended
to include an animal hospital. Under Springfield Development Code,
a commercial dog kennel is allowed only in locations zoned Community
Commercial Zones with specific site development standards, where noise
and odor cannot disturb neighboring residences and businesses.
Dog Kennel, Non-Commercial.
Under Springfield Development Code, non-commercial kennels
are not permitted due to the prohibition in home occupation of boarding,
breeding or grooming animals.
Exotic Animals.
(1)
Any lion, tiger, leopard, cheetah, ocelot or any other cat not
indigenous to Oregon, except the species Felis catus (domestic cat);
(2)
Any monkey, ape, gorilla or other non-human primate;
(3)
Any wolf or any canine not indigenous to Oregon, except the
species Canis familiaris (domestic dog); and
(4)
Any bear, except the black bear (Ursus americanus).
Farm Animal.
Poultry and fowl (domestic birds commonly raised for meat
or eggs, such as chickens, ducks, geese or turkeys), rabbits, bees,
horses, cows, llamas, sheep, goats, miniature horses, and pygmy goats.
Fowl.
Any of various birds of the order Galliformes; especially,
the common, widely domesticated chicken.
Hive.
Any receptacle or container made or prepared for use of bees,
or box or similar container taken possession of by bees.
Keeper.
Any person, firm, association, entity or corporation who is the licensed keeper of, or who keeps, or who harbors, or who possesses, or who maintains, or who has custody of, or who exercised control over any animal (including, but not limited to, any barking dog, dangerous animal, dog, exotic animal, farm animal, fowl, livestock, vicious dog, watchdog or wildlife) or who knowingly permits any such animal to remain on any premises occupied by him or her. Except for purposes of sections
5.418,
5.430, and
5.442, “keeper” does not include licensed veterinarians or commercial kennel operators temporarily maintaining on their premises, for a period of not more than 30 days, dogs kept by other persons. Any person, except a licensed veterinarian or commercial kennel operator who resides where any animal is kept, harbored, or cared for, shall be presumed to be the keeper. This presumption may be rebutted by proof that the person has no right in the animal, is not the licensed keeper, and is neither harboring nor caring for the animal.
Leash.
Any humane device constructed of rope, leather strap, chain
or other sturdy material not exceeding eight feet in length, being
held in the hand of person capable of controlling the animal to which
it is attached.
Livestock.
Cattle, sheep, horses, miniature horses, goats, pygmy goats,
swine, fowl, ratite (such as ostrich, cassowary, emu, moa, etc.),
poultry, and any furbearing animal bred and maintained commercially
or otherwise on property or within pens, cages and hutches.
Miniature Horse.
A horse not to exceed 34 inches in height measured at the
last hairs of the mane at the base of the neck.
Neutered Dog.
A female dog that has undergone the removal of the ovaries
and uterus (ovarian hysterectomy). A male dog that has undergone the
removal of the gonads.
Physical Injury.
Means an injury that impairs a person’s physical condition
or causes substantial pain.
Pygmy Goat.
A genetically small, cobby, and compact goat whose body circumference
in relation to height and weight is proportionately greater than other
breeds of goats; having a maximum height of not to exceed 23 inches
for a doe (female), 24 inches for a buck (unneutered male), and 27
inches for a wether (neutered male), with measurement taken at the
highest part of the back at the base of the neck where the shoulder
blades almost touch.
Serious Physical Injury.
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.
Service Animal.
Any dog that is individually trained to do work or perform
tasks for the benefit of an individual with a disability, including
a physical, sensory, psychiatric, intellectual, or other mental disability.
Consistent with federal rules implementing the Americans with Disabilities
Act, a miniature horse that has been individually trained to do work
or perform tasks for the benefit of the individual with a disability
may also be considered a service animal. The work or tasks performed
by a service animal must be directly related to the handlers’
disability. Examples of work or tasks include, but are not limited
to, assisting individuals who are vision impaired with navigation
and other tasks, alerting individuals who are hearing impaired to
the presence of people or sounds, providing non-violent protection
or rescue work, pulling a wheelchair, assisting an individual during
a seizure, alerting individuals to the presence of allergens, retrieving
items such as medicine or the telephone, providing physical support
and assistance with balance and stability to individuals with mobility
disabilities, and helping persons with psychiatric and neurological
disabilities by preventing or interrupting impulsive or destructive
behaviors. The crime deterrent effects of an animal’s presence
and the provision of emotional support, well-being, comfort, or companionship
do not constitute work or tasks for the purposes of this definition.
Vicious Dog.
A dog that has been found to engage in behavior specified in section
5.456.
Watchdog.
A dog confined at a business or commercial establishment
within a business or industrial zone to protect merchandise, inventory
or equipment.
Wildlife.
Pursuant to ORS 496.004, wildlife includes, but is not limited
to, amphibians, antelope, beaver, black bear, bobcat, cougar, coyote,
deer, elk, fisher, marten, mink, moose, mountain goat, mountain sheep,
muskrat, otter, raccoon, reptiles, red fox, silver gray squirrel and
gray fox.
Wolf.
Wolf but excepting therefrom animals declared by the owner
to be wolf-dog hybrids.
Wolf-Dog Hybrid.
A canine identified as a wolf-dog hybrid by declaration of
the owner.
[Section 5.402 amended by Ordinance No. 5902, enacted December 7, 1998; further
amended by Ordinance No. 6192, enacted April
2, 2007; further amended by Ordinance
No. 6215, enacted February 14, 2008; further amended by Ordinance No. 6421,
enacted October 19, 2020]
A maximum number of three adult dogs and their offspring of any number up to the age of four months may be kept per dwelling unit. No more than one female dog may be used for breeding purposes at any one time. A dog is considered a resident of the location after being there continuously for 30 days or for more than 60 days in a 90 day period. The above offense is also punishable as a violation and may include a fine not exceeding $720.00 pursuant to Section
1.205 of this code.
[Section 5.404 amended by Ordinance No. 6169, enacted May 15, 2006; further
amended by Ordinance No. 6421, enacted October
19, 2020]