Ordinances in Oregon Governing Dogs At Large

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Who Let the Dogs Out?
City, County Ordinances in Oregon Governing Dogs At Large

Ashland

9.16.010 Control Required

All dogs must be confined by fence, leash, or obedience training to the property of the person owning, harboring or having the charge, care, control, custody or possession of such dog; however, it shall be permissible for a dog to be confined by fence, leash or obedience training to the property of another if such other person has given express permission. Provided, however, that the City Council may, in its discretion, designate certain areas within the City where dogs may be permitted to run free while under the owner’s or keeper’s control.

9.16.020 Vicious Dogs – Control Required

Any dog that is vicious or dangerous to the safety of persons must be confined by enclosure or a leash to property of its owner or keeper.

9.16.040 Leash Required

Any dog not confined to property as set forth above in this chapter and which is on either public or private property must be on a leash not longer than six (6) feet in length.

9.16.050 Unattended dogs

Dogs not on private property as described above must always be attended by their owner or person having the custody of such dog; and, it shall be unlawful for any person to tie or permit to be tied or remain tied a dog or any other animal to any tree, hydrant, railing, or other object on the public property of the City of Ashland.

9.16.080 Penalties for Violation

Any person who violates any provision of this chapter shall be punished as set forth in Section 1.08.020 of the Ashland Municipal Code.

(Ord. 1956, 1978)

1.08.020 Infractions

A person who commits an infraction by violating designated provisions of the Ashland Municipal Code shall not suffer any disability or legal disadvantage based upon conviction of crime. The penalty for committing an infraction shall be a fine not to exceed $500; however, each and every day during any portion of which any infraction is committed, continued or permitted by any such person, is a separate violation subject to a separate fine of $500.00 and such person shall be punished accordingly. The trial of any infraction shall be by the Court without a jury. The City of Ashland shall have the burden of proving the infraction by a preponderance of the evidence and the Defendant may not be required to be a witness in the trial of such infraction. At any trial involving an infraction, the City Attorney shall not appear unless the Defendant is represented by

an attorney. Further, at any such trial, defense counsel shall not be provided at public expense. (Ord. 1934, S1, 1977; Ord. 2233, 1983)

Beaverton

5.05.030 Animals at Large

Except for animals of the species Felis Catus (domestic cat), no owner or person in charge of an animal shall permit the animal to be at large. Animals at large may be taken into custody by the City and disposed of in accordance with the procedures provided by the Code or other City ordinance for disposition of personal property or for the impoundment of dogs. BC 5.12.010 – .015 shall govern dogs at large. [BC 5.05.030, amended by Ordinance No. 3872, 11/1/93]

5.05.015 Definitions

For the purposes of this ordinance, the following mean:

Adjacent – Nearby or close to. A street tree shall be considered adjacent to property if the tree would be within the lateral boundaries of the property if those boundaries were extended to meet the nearest portion of roadway.

Animal at large – An animal off or outside the premises of the owner or person in charge of the animal, not restrained by a rope, line, leash, chain, or other similar means, or not under the immediate control, restraint, and command of the person or its owner.

Bicycle Path – The portion of the public right-of-way that is not part of a roadway and is designated by official signs or markings for use by persons riding bicycles.

City representative – The mayor or the mayor’s designee responsible for representing the City’s interest in a nuisance abatement proceeding.

Costs – The expense of removing, storing, or disposing of nuisances, including a charge of 20 percent of the expense for administrative overhead.

Discarded vehicle – A vehicle that is not operable on a public street, wrecked, dismantled, partially dismantled, abandoned or junked or major parts of discarded vehicles including, but not limited to, bodies, engines, transmissions and rear ends.

Person in charge of property – An agent, occupant, lessee, tenant, contract purchaser, or other person having possession or control of property or the supervision of any construction project.

Person responsible – The person responsible for abating a nuisance includes:

A. the owner of the property;

B. the person in charge of property as defined above; or

C. the person who caused a nuisance to come into or continue in existence.

Pruning – Cutting or removing less than 20 percent of the branching structure of a plant in either the crown, trunk or root areas.

Public place – A building, way, place or accommodation, whether or not privately or publicly owned, open and available to the general public.

Public right of way – Land that by deed, conveyance, agreement, easement, dedication, usage or process of law is conveyed, reserved for or dedicated to the use of the general public for street, road or highway purposes, including curbs, gutters, parking strips, pedestrian ways, and sidewalks and bicycle trails.

Removal – Cutting or removing 20 percent or more of the crown, trunk or root system of a plant.

Roadway – The portion of the public right-of-way that is improved and designed for use by motor vehicles.

Sidewalk – The portion of the public right-of-way designed for preferential or exclusive use by a pedestrian.

Top or Topped – Cutting or removing the terminal leaders in the crown of an ornamental shade or flowering tree or conifer to an extent that removes the normal canopy and disfigures the tree.

Vehicle – Every device in, on or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively on stationery rails or tracks.

[BC 5.05.015, amended by Ordinance No. 3842, 4/12/93; Ordinance No. 3872, 11/1/93]

Bend

5.252 Dog At Large. No dog shall run at large. The owner or keeper is responsible for a dog at large.

5.270 Animal Nuisances. A dog or other animal is a nuisance if it:

(1) Disturbs any person by frequent or prolonged noises.

(2) Bites, injures or attacks a person.

(3) Places a person in fear of imminent physical injury, without provocation, said fear being reasonable under the circumstances;

(4) Chases vehicles.

(5) Chases people.

(6) Damages property belonging to a person other than the owner or keeper of the animal.

(7) Injures or kills an animal or fowl belonging to a person other than the owner or keeper of the animal.

(8) Scatters garbage.

(9) The owner or keeper of an animal committing any of the acts set forth in this section is responsible for the animal’s acts and is subject to a civil infraction citation.

5.272 Dangerous Animals.

(1) No owner or keeper of a dangerous animal shall suffer or permit such animal to go unconfined on the premises of the owner or keeper.

(2) No owner or keeper of a dangerous animal shall suffer or permit such animal to go beyond the premises of such person unless such animal is securely leashed and humanely muzzled or otherwise securely restrained and humanely muzzled.

5.275 Impound.

(1) An animal that has violated Bend Code 5.252, 5.265, 5.270 or 5.272 or is unlicensed as required by law may be seized and impounded. If a member of the Bend Police Department is unable to apprehend such animals without risking injury to the officer or other people, the officer may kill the animal.

(2) An animal impounded pursuant to subsection (1) of this section shall be held at the Humane Society of Central Oregon, S.P.C.A.

(3) Animals that have been impounded for violating Bend Code 5.270 (2), (3) or (7) or Bend Code 5.272 shall be held at the Humane Society until any citations issued to the animal’s owner or keeper have been resolved by the court system or until the Society has received a court order directing the Society to release or humanely destroy the animal. If no citations have been issued to the impounded animal’s owner or keeper within three days of the animal’s impoundment or if the court has resolved the citations issued to the animal’s owner or keeper and has not issued an order concerning the disposition of the animal, the animal may be humanely destroyed or handled according to Oregon law and Humane Society policies, rules and regulations.

(4) Animals that have been impounded for any violation of this Code or any other law, other than Bend Code 5.270 (2), (3) or (7) or 5.272, may be humanely destroyed or handled according to Oregon law and Humane Society policies, rules and regulations.

(5) If the owner or keeper of an impounded animal fails to appear in Bend Municipal Court to answer the charges filed against the owner which resulted in the animal’s impoundment or if the owner later fails to appear as required by the Municipal Court, the court may issue an order terminating the rights of the owner to the animal. The court may also order that the animal be humanely destroyed. Prior to issuing a forfeiture order, the Court shall mail a notice to the owner advising the owner that their rights to the impounded animal will be forfeited unless they appear in court within five days of the date of the notice. The notice shall be mailed to the animal owner or keeper at the address shown on the citation to appear or at such address given to the court by the owner or keeper.

Eugene

4.425 Dogs at Large Prohibited.

(1) No dog owner shall permit a dog to be at large.

(2) A dog owner is deemed to be negligent per se for the actions of a dog at large, or a dog undergoing field training, or a dog in a dog-off-leash area, when the dog causes injury to a person or property.

Section 4.425, changed to 4.410, and a new section 4.425, formerly 4.360 added. Section 4.360 amended by Ordinance No. 17472, enacted November 12, 1975. Renumbered and amended by Ordinance No. 19461, enacted April 13, 1987; amended by Ordinance No. 19615, enacted May 22, 1989; and Ordinance No. 19792, enacted August 5, 1991.)

4.435 Potentially Dangerous Dog.

(1) The purpose of this section is to establish a procedure whereby dogs that pose a reasonably significant threat of causing serious injury to humans, domestic animals or livestock or property are identified and subjected to precautionary restrictions in order to prevent initial or additional injuries.

(a) Level 1 behavior is established if a dog at large is found to menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any domestic animal or livestock.

(b) Level 2 behavior is established if a dog at large is found to menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any person.

(c) Level 3 behavior is established if a dog, while at large, bites or causes physical injury to any domestic animal or livestock.

(d) Level 4 behavior is established if a dog bites any person.

(e) Level 5 behavior is established if:

1. A dog, whether or not confined, causes the serious injury or death of any person; or

2. A dog, while at large, kills any domestic animal; or

3. A dog, while at large, kills any livestock; or

4. A dog engages in or is found to have been trained to engage in exhibitions of fighting; or

5. A dog that has been classified as a level 4 potentially dangerous dog repeats the behavior described in subsection 4.435(1)(d) after the owner receives notice of the level 4 behavior classification.

(2) Notwithstanding subsection 4.435(1), the director shall have discretion to refrain from classifying a dog as potentially dangerous even if the dog has engaged in the behaviors specified in subsection 4.435(1) if the director determines that the behavior was a result of the victim abusing or tormenting the dog or other extenuating circumstances.

(3) No dog shall be classified as potentially dangerous if the behavior in question was directed against a trespasser on the property of a business which owns a licensed watchdog, providing the owner has complied with section 4.405.

(4) No dog shall be classified as potentially dangerous if the behavior in question was directed against a trespasser that has illegally entered any residence.

(5) Upon application of the dog owner accompanied by the fee established by the city manager, the restrictions for a dog classified under subsection 4.435(1) shall be reviewed by the hearings official after six months for dogs classified as Level 1 or Level 2 and after one year for dogs classified as Level 3 or higher. If the dog owner can show that the behavior which caused the classification has been corrected to the satisfaction of the hearings official, then the hearings official may enter an order modifying or deleting the classification.

Section 4.435 added by Ordinance No. 19461, enacted April 13, 1987; and amended by Ordinance No. 19505, enacted October 12, 1987.)

4.445 Regulation of Potentially Dangerous Dogs.

(1) In addition to the other requirements of sections 4.330 to 4.490, the owner of a potentially dangerous dog shall comply with the following additional regulations:

(a) If the dog has engaged in Level 1 or Level 2 behavior, the owner shall provide a physical device or structure that prevents the dog from reaching any public right-of-way or adjoining property, and shall restrict the dog by such a device or structure whenever the dog is outside the owner’s home and not on a leash off the owner’s property.

(b) If the dog has engaged in Level 3 behavior, the owner shall provide a secure enclosure and confine the dog within such enclosure whenever the dog is not on a leash off the owner’s property or inside the home of the owner. The owner shall also post approved warning signs on the property where the dog is kept.

(c) If the dog has engaged in Level 4 or Level 5 behavior, the owner shall meet the requirements of subpart 4.445(b) and shall, additionally, not permit the dog to be off the owner’s property unless the dog is muzzled and restrained by an adequate leash and under the control of a capable person over the age of 18.

(d) Any dog that has been found to have engaged in Level 4 or 5 behavior may be euthanized by order of the municipal court judge or the hearings official, provided the dog’s behavior poses a significant risk of additional injury or death and the owner fails to provide sufficient evidence of compliance with the restrictions imposed by this section. In addition, the hearings official or municipal court judge has the authority to suspend, for a period of time, the Level 5 dog owner’s right to be the owner of any dog in the city, including dogs currently owned by that person.

(e) To ensure correct identification, the owner of a dog that has been classified as potentially dangerous shall cause the dog to wear an identifying collar and ID tag. In addition, the owner of a dog that has engaged in Level 5 behavior shall have the dog marked with a permanent identifying mark.

(f) In addition to obtaining a regular dog license, the owner shall obtain a potentially dangerous dog license pursuant to sections 4.395(2) and 4.395(5).

(g) The owner of a potentially dangerous dog shall notify the director of the transfer of ownership by sale, gift or otherwise of the potentially dangerous dog and of the name and address of the person to whom the potentially dangerous dog was transferred.

(2) No person shall own a dog in violation of this section or of the hearings official’s order under subpart 4.445(1)(d).

(Section 4.445 changed to section 4.360; a new section 4.445 added by Ordinance No. 19461, enacted April 13, 1987; amended by Ordinance No. 10505, enacted October 12, 1987; and Ordinance No. 19615, enacted May 22, 1989.)

Gresham

Section 7.35.010 Animal Control.

The Multnomah County Animal Control Ordinance, as amended by Multnomah County on August 6, 1998, by Ordinance No. 918, is adopted by the city. Such provisions apply within the city and shall be administered and enforced by the Department of Environmental Services of Multnomah County, Oregon, or designee. A copy of Multnomah County Animal Control Ordinance is on file in the office of the manager.

Hillsboro

6.04.010 Adoption of county ordinance.

The city council agrees, pursuant to ORS 203.040, that the provisions of Washington County Ch. 6.04, shall apply in the city of Hillsboro. (Ord. 4640 §§ 1 (part), 1997: prior code §§ 6-25.1)

Multnomah County

§ 13.305 Duties Of Owners.

(A) For the purposes of this section, unless otherwise limited, the owner is ultimately responsible for the behavior of the animal regardless of whether the owner or another member of the owner’s household or a household visitor permitted the animal to engage in the behavior that is the subject of the violation.

(B) It is unlawful for any person to commit any of the following:

(1) Permit an animal to be an animal at large;

(2) Permit an animal to trespass upon property of another;

(3) Fail to comply with requirements of this chapter that apply to the keeping of an animal or dangerous animal or any facility where such animals are kept;

(4) Permit a dog in season (estrus) to be accessible to a male dog not in the person’s ownership except for intentional breeding purposes;

(5) Permit any animal unreasonably to cause annoyance, alarm or noise disturbance to any person or neighborhood by barking, whining, screeching, howling, braying or other like sounds which may be heard beyond the boundary of the owner’s or keeper’s property under conditions wherein the animal sounds are shown to have occurred either as an episode of continuous noise lasting for a minimum period of ten minutes or repeated episodes of intermittent noise lasting for a minimum period of thirty minutes. It shall be an affirmative defense under this subsection that the animal was intentionally provoked by a party other than the owner to make such noise. Provided, 13.305(B)(5) shall not be applicable to any lawful livestock owner or keeper; kennel or similar facility, wherein the presence of livestock or the operation of a kennel or similar facility is authorized under the applicable land use and zoning laws and regulations;

(6) Leave an animal unattended for more than 24 consecutive hours without minimum care;

(7) Deprive an animal of proper facilities or care, including but not limited to the items prescribed in §§ 13.153. Proper shelter must provide protection from the weather and is maintained in a condition to protect the animals from injury;

(8) Physically mistreat any animal either by abuse or neglect or failure to furnish minimum care;

(9) Permit any animal to leave the confines of any officially prescribed quarantine area;

(10) Permit any dog to engage in any of the behaviors described in §§ 13.401(A) or (B);

(11) Permit any dog to engage in any of the behaviors described in §§ 13.401(C) through (D); or

Permit any dog to engage in the behavior described in §§ 13.402.

(13) Harbor a dangerous or exotic animal that is not otherwise exempted under §§ 13.154. Provided, any person who owns or is keeping a dangerous or exotic animal on the effective date of this chapter in that person’s jurisdiction shall have 180 days from the effective date to provide for the animal’s removal from the county or other lawful disposition.

(14) Except as provided under MCC 13.300(B) (2), permit any dog to be tethered for more than 10 hours in a 24-hour period.

(15) Notwithstanding MCC 13.305 (B) (14), permit any dog to be tethered in a manner or method that allows the animal to become entangled for a period of time detrimental to the animal’’s well being.

(C) For the purpose of this section, OWNER shall mean either owner or keeper as defined in this chapter.

(D) Notwithstanding §§ 13.305(B)(10), (11) and (12), any dog that has been found to have engaged in behaviors as described at §§§§ 13.401 and 13.402 shall be classified, regardless of whether it is established by preponderance of the evidence that the dog owner, keeper or other person permitted the dog to engage in the behavior. If in any such case it is not established by a preponderance of the evidence that the person cited permitted the dog to engage in the behavior, no fine shall be imposed against that person, but the dog owner or keeper shall be subject to all other restrictions and conditions lawfully imposed by the director or a hearings officer pursuant to §§ 13.404(B) and §§ 13.509(H) respectively and;

(1) In any case. wherein the citing officer or the director based upon his or her investigation and review of such case, determines there is insufficient evidence to establish the responsible party permitted the dog to engage in the violative behavior, may in lieu of issuing a notice of infraction for violation of §§ 13.305(B)(10), (11) and (12) issue a notice of infraction citing this division and the specific division of §§ 13.401 or 13.402 directly applicable to the dog’s alleged behavior.

(2) Any notice of infraction issued pursuant to §§ 13.305(D)(1) shall not be subject to the imposition of a fine against the person cited, upon issuance or affirmation but that person shall be subject to all other restrictions and conditions lawfully imposed by the director or a hearings officer pursuant to §§ 13.404(B) and §§ 13.509(H) respectively.

Penalty, see §§ 13.999

(Ord. 986, Amended, 06/27/2002; Ord. 918, passed, 08/06/1998; ‘‘ 90 Code, §§ 8.10.190, 07/01/1998; Ord. 909, passed, 06/25/1998; Ord. 850, passed, 04/11/1996; Ord. 732, passed, 09/03/1992; Ord. 517, passed, 06/12/1986; Ord. 156, passed, 12/22/1977)

Oregon State Statute

SECTION 6. ORS 609.090 is amended to read:

609.090

(1) When a dog is found running at large in a county, precinct or city that is subject to ORS 609.040 to 609.110 or when a dog is a public nuisance described by ORS 609.095 or subsection (5) of this section, a constable, sheriff, deputy, police officer or dog control officer shall impound the dog or cite the keeper to court or do both.

(2) All dogs impounded under this section and ORS 609.030 must be held in an adequate and sanitary pound to be provided by the county governing body from the general fund or out of funds obtained from dog licenses and from the redemption of dogs so impounded. However, in lieu of the establishment of a dog pound, the county governing body may contract for the care of the dogs. Unless claimed by its keeper, a dog must be impounded for at least three days if the dog is without a license or identification tag and for at least five days if it has a license or identification tag. A reasonable effort must be made to notify the keeper of a dog before the dog is removed from impoundment.

(3) Unless the dog control board or county governing body provides otherwise, if the keeper appears and redeems the dog, the keeper shall pay a sum of not less than $10 for the first impoundment and not less than $20 for each subsequent impoundment and also pay the expense of keeping the dog during the time the dog was impounded. If the dog is unlicensed the keeper shall also purchase a license and pay the applicable penalty for failure to have a license. If the keeper is not the owner of the dog, the keeper may request that a license purchased by the keeper under this subsection be issued in the name of the dog owner.

(4) In addition to any payment required pursuant to subsection (3) of this section, a dog control board or county governing body may require as a condition for redeeming the dog that the keeper agree to reasonable restrictions on the keeping of the dog. The keeper must pay the cost of complying with the reasonable restrictions. As used in this subsection, ‘reasonable restrictions’ may include, but is not limited to, sterilization.

(5) A keeper of a dog maintains a public nuisance if the keeper fails to comply with reasonable restrictions imposed under subsection (4) of this section. If a keeper fails to provide acceptable proof of compliance to the dog control board or county governing body on or before the 10th day after issuance of the order imposing the restrictions, there is a rebuttable presumption that the keeper has failed to comply. If the board or governing body finds the proof submitted by the keeper unacceptable, the board or governing body shall send notice of that finding to the keeper no later than five days after the proof is received.

(6) If a keeper does not appear to redeem a dog within the allotted time, the dog may be killed in a humane manner. The dog control board or county governing body may release the dog to a responsible person upon receiving assurance that the person will properly care for the dog and upon payment of a sum established by the county governing body plus cost of keep during the impounding of the dog, and purchase of a license if required. The person shall thereafter be liable as owner of the dog as provided by ORS 609.040 to 609.110.

(7) If the keeper of a dog is not charged with violating ORS 609.095 (2) or (4) or section 1 or 2 of this 2003 Act, upon finding that the dog has menaced or chased a person when on premises other than premises from which the keeper may lawfully exclude others or that the dog has bitten a person, the dog control board or county governing body may order that the dog be killed in a humane manner. Before ordering that the dog be killed, the board or governing body shall consider the factors described in ORS 609.093 and issue written findings on those factors. Notwithstanding ORS 34.030, if the disposition order issued by the board or governing body provides that the dog is to be killed, the keeper must file a petition for a writ of review no later than the 10th day after the dog control board or county governing body sends notice of the order to the keeper. Notwithstanding ORS 19.270, 19.330 and 34.070, the order for the killing of the dog may not be carried out during the period that the order is subject to review or appeal. If the dog is not killed, the board or governing body may impose reasonable restrictions on the keeping of the dog. The keeper must pay the cost of complying with the reasonable restrictions.

(8) If the keeper of a dog is charged with violating ORS 609.095 (2) or (4) or section 1 or 2 of this 2003 Act, upon conviction of the keeper the court may determine the disposition of the dog as provided under ORS 609.990.

(9) Notwithstanding the provisions of subsections (2), (3), (6), (7) and (8) of this section, any dog impounded for biting a person shall be held for not less than 10 days before redemption or destruction to determine if the dog is rabid.

(10) A dog control board or county governing body may impose lesser fees or penalties under subsections (3) and (6) of this section for certain senior citizens under certain circumstances.

SECTION 7. ORS 609.093 is amended to read:

609.093

In determining whether a dog should be killed as provided under ORS 609.090 (7) or 609.990, a dog control board, county governing body or court shall consider the following factors:

(1) The circumstances of the bite, including whether the dog was provoked by the person bitten;

(2) Whether the keeper has a history of maintaining dogs that are a public nuisance;

(3) The impact of keeper actions on the behavior of the dog;

(4) The severity of the bite;

(5) The ability and inclination of the keeper to prevent the dog from chasing or menacing another person on premises other than premises from which the keeper may lawfully exclude others or from biting another person;

(6) Whether the dog can be relocated to a secure facility;

(7) The effect that a transfer of ownership would have on ensuring the health and safety of the public;

(8) Whether the dog has unjustifiably chased or menaced a person on a prior or subsequent occasion; and

(9) Any other factors that the board, governing body or court may deem relevant.

SECTION 8. ORS 609.095 is amended to read:

609.095

(1) A dog is a public nuisance if it commits any of the following acts:

(a) Bites a person.

(b) Chases or menaces persons or chases vehicles on premises other than premises from which the keeper of the dog may lawfully exclude others.

(c) Damages or destroys property of persons other than the keeper of the dog.

(d) Scatters garbage on premises other than premises from which the keeper of the dog may lawfully exclude others.

(e) Trespasses on private property of persons other than the keeper of the dog.

(f) Disturbs any person by frequent or prolonged noises.

(g) Is a female in heat and running at large.

(h) Injures or kills a domestic animal as defined in ORS 167.310.

(2) The keeper of a dog in a county, precinct or city that is subject to ORS 609.030 and 609.040 to 609.110 maintains a public nuisance if the dog commits an act described under subsection (1) of this section or the keeper does not comply with reasonable restrictions as described in subsection (4) of this section. Except as provided under ORS 609.990 (3), maintaining a dog that is a public nuisance described in this subsection is a violation.

(3) The keeper of a dog in a county, precinct or city that is subject to ORS 609.030 and 609.040 to 609.110 maintains a public nuisance if the dog injures, attempts to injure, disables, attempts to disable, obstructs or jeopardizes the safety of an assistance animal on premises other than premises from which the keeper of the dog may lawfully exclude others. As used in this subsection, ‘assistance animal’ has the meaning given that term in ORS 346.680, and ‘disables’ and ‘injures’ have the meanings given those terms in section 1 of this 2003 Act.

(4) A keeper of a dog maintains a public nuisance if the keeper fails to comply with reasonable restrictions imposed under ORS 609.990. If a keeper fails to provide acceptable proof of compliance to the court on or before the 10th day after issuance of the order imposing the restrictions, there is a rebuttable presumption that the keeper has failed to comply. If the court finds the proof submitted by the keeper unacceptable, the court shall send notice of that finding to the keeper no later than five days after the proof is received.

(5) Any person who has cause to believe a keeper is maintaining a dog that is a public nuisance may complain, either orally or in writing, to the county, precinct or city. The receipt of any complaint is sufficient cause for the county, precinct or city to investigate the matter and determine whether the keeper of the dog is in violation of subsection (2), (3) or (4) of this section.

SECTION 9. ORS 609.097 is amended to read:

609.097

A dog is not a public nuisance under ORS 609.090 (5) or 609.095 and may not be destroyed under ORS 609.090 or 609.990 if the dog menaces, chases or bites a person wrongfully assaulting the dog or the dog’s keeper or if, after being provoked by the person, the dog menaces, chases or bites a person trespassing upon premises from which the keeper of the dog may lawfully exclude others.

SECTION 10. ORS 609.990 is amended to read:

609.990

(1) Violation of ORS 609.060 (2), 609.100 or 609.169 is a Class B violation.

(2) If a dog is a public nuisance for a reason or reasons not including chasing or menacing a person on premises other than premises from which the keeper of the dog may lawfully exclude others or biting a person, maintaining a public nuisance in violation of ORS 609.095 (2) or (4) is punishable by a fine of not more than $250. A keeper who maintains a public nuisance described in ORS 609.095 (3) may be charged under section 1 or 2 of this 2003 Act and punished pursuant to those sections. If the keeper is not charged under section 1 or 2 of this 2003 Act, ORS 609.090 (3) applies to a public nuisance under ORS 609.095 (3).

(3) Except as provided in this subsection, if a dog is a public nuisance because the dog chases or menaces a person on premises other than premises from which the keeper of the dog may lawfully exclude others or because the dog bites a person, maintaining the public nuisance in violation of ORS 609.095 (2) or (4) is punishable by a fine of not more than $500. If a dog is a public nuisance because the dog chases or menaces a person on premises other than premises from which the keeper of the dog may lawfully exclude others or because the dog bites a person, a dog keeper maintaining the public nuisance in violation of ORS 609.095 (2) or (4) commits a Class C misdemeanor if the keeper has previously been convicted of a violation or crime because of any dog chasing or menacing a person on premises other than premises from which the keeper of the dog may lawfully exclude others or because of any dog biting a person.

(4) Except as provided in subsection (5) of this section, in addition to any fine or sentence imposed or restitution ordered of the keeper under this section or section 1 or 2 of this 2003 Act, the court may impose reasonable restrictions on the keeping of the dog to ensure the safety or health of the public. The keeper must pay the cost of complying with reasonable restrictions. As used in this subsection, ‘reasonable restrictions’ may include, but is not limited to, sterilization.

(5) In addition to any fine or sentence imposed or restitution ordered of the keeper under this section, the court may order that a dog be killed in a humane manner if the dog has menaced or chased a person when on premises other than premises from which the keeper may lawfully exclude others or if the dog has bitten a person. In determining whether a dog is to be killed, the court must give consideration to the factors described in ORS 609.093 and issue written findings on those factors. If the dog is not killed, the court:

(a) Shall order that the dog undergo sterilization. The sterilization procedure shall be at the expense of the keeper of the dog; and

(b) May impose reasonable restrictions on the keeping of the dog. The keeper must pay the cost of complying with the reasonable restrictions. If the keeper maintains a public nuisance as described in ORS 609.095 (4) by failing to comply with reasonable restrictions imposed pursuant to this paragraph, the court may reconsider the determination made under this subsection and upon reconsideration may include the failure to comply as evidence regarding the ability and inclination of the keeper to prevent the dog from chasing or menacing another person on premises other than premises from which the keeper may lawfully exclude others or from biting another person.

(6) Notwithstanding ORS 19.270 and 19.330, subject to periodic advance payment of the cost of keeping the dog in impoundment, the killing of a dog pursuant to an order under this section may not be carried out during the period that the order is subject to the appeal process. Unless otherwise ordered by the Court of Appeals, the dog may be killed during the appeal period if the keeper fails to maintain advance payment of the cost of keeping the dog impounded.

(7) If a circuit court orders a dog killed and the keeper does not make the dog available for that purpose, the court may issue a search warrant for a property upon probable cause to believe that the dog is located at that property.

(8) Violation of ORS 609.405 constitutes a Class C misdemeanor.

Roseburg

6.02.005 Definitions

As used in this chapter:

A. “Barking dog” means a dog which disturbs any person by frequent or prolonged noises.

B. “County” means Douglas County.

C. “Dog” means any mammal of the canine family.

D. “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.

A dog in field training, or a dog in an area designated as a public property off-leash area, is not a dog at large within this definition unless the dog causes personal injury or property damage while off the premises of the owner. This exemption does not apply to any dog identified as a dangerous or potentially dangerous dog.

E. “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.

F. “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.

G. “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 his care, possession, custody or control, or who knowingly permits a dog to remain on any premises occupied by the person.

H. “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.

I. “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 (part), 1996)

6.02.040 Dog nuisances

No owner of a dog shall allow a dog to be a nuisance. A dog is a nuisance if it

A. Trespasses on private property;

B. Is a barking dog;

C. Injures or kills any animal or fowl, or damages or destroys any other property not owned or possessed by the owner, keeper or custodian of the dog;

D. Is at large and has been determined by the County to be a dangerous or potentially dangerous dog;

E. While restrained by a leash and off the owner’s property, or off property where the property owner has given permission for the dog to be, the dog displays menacing, threatening or aggressive behavior, or threatens or endangers the safety of any person or domestic animal;

F. Is rabid;

G. Chases vehicles;

H. Interferes with the reasonable enjoyment of adjoining property by engaging in menacing, threatening or aggressive behavior;

I. Interferes with the public’s legal right of ingress and egress to the property the dog owner possesses. This provision shall not apply to any dog whose owner has placed a permanent sign, with individual letters measuring at least 3 inches in height and with an overall sign size not to exceed 1-1/2 square feet, in a conspicuous location at or near the point of entry which indicates that the property is not accessible to the public. (Ord. 2934 §§ 1 (part), 1996)

6.02.050 Impoundment

Any person finding a dog at large, or at large and engaging in acts which constitute a nuisance under this Chapter, may take possession of the dog and turn it over to the County for enforcement action. An enforcement officer may impound a dog which is in violation of this Chapter. (Ord. 2934 §§ 1 (part), 1996)

7.04.180 Dogs declared nuisances

No person responsible shall allow a dog to be a nuisance as described in Roseburg Municipal Code Section 6.02.040. (Ord. 2945 §§ 1 (part), 1996)

Salem

94.020. ANIMALS PROHIBITED; EXCEPTIONS. (a) It shall be unlawful for any person to permit any domestic or other animal, excepting dogs under control of such person, to enter upon or go at large in any park, either with or without a keeper.

(b) It shall be unlawful for any person to permit any dog to enter upon or go at large in any park except upon that portion specifically designated by posting as a dog exercise area unless such dog is kept on a leash. “Kept on a leash” means the dog is on a leash not more than six (6) feet in length held by a person and under control of that person at all times.

(c) Notwithstanding (a) and (b) of this section, it shall be unlawful for any person to permit any dog to enter upon any portion of a park posted as an area prohibited to dogs.

(d) In addition to any other penalties in this section it shall be unlawful for any person permitting any domestic or other animal including a dog to enter upon or go at large in any park, either with or without a keeper, to fail to immediately remove any and all feces deposited by such animal upon any park properties.

(e) Notwithstanding any other provision of this section, authority is hereby granted to the director of community services to issue permits for use of the parks or portions thereof for animals in conjunction with special events, services or uses under conditions to be determined by the director. (Ord No. 4685; Ord No. 104-73; Ord No. 45-89; Ord No. 1-94; Ord No. 30-97)

Troutdale

6.04.010 Administration and enforcement.

The city consents to have Multnomah County animal control administer and enforce the Multnomah County animal control regulations within the city as those regulations are articulated in Multnomah County Ordinance No. 918, also known as Multnomah County Code Chapter 8.10, adopted by the Multnomah County board of commissioners on August 6, 1998 and attached to the ordinance codified in this chapter as Exhibit 1. (Ord. 666 §§ 2, 1999)

Washington County

6.04.050 Failing to prevent running at large prohibited.

It is unlawful for any person to be the keeper of a dog running at large. (Ord. 394 §§ 2 Exh. A (part), 1991: Ord. 306 §§ 5(A)(2), 1985).

6.04.060 Keeping dangerous dog prohibited.

It is unlawful for any person to be the keeper of a dangerous dog. (Ord. 394 §§ 2 Exh. A (part), 1991: Ord. 306 §§ 5(A)(3), 1985)

6.04.070 Keeping or owning vicious dog prohibited.

It is unlawful for any person to be the owner or keeper of a vicious dog. (Ord. 394 §§ 2 Exh. A (part), 1991: Ord. 306 §§ 5(A)(4), 1985)

West Linn

5.250 Definitions.

As used in sections 5.250 to 5.340, the following words and phrases shall have the meanings ascribed to them in this section:

Owner of property. Any person who has legal or equitable interest in said real property or who has a possessory interest therein, or who resides on the property, or is a guest of any person who owns, rents, or leases said property.

Running at large. Off or outside the premises belonging to the person having the control, custody or possession of the dog while the dog is not under the complete control of such person by means of an adequate leash, or is within a vehicle of such person.

Keeping a dog. Harboring, caring for, exercising control over, or knowingly permitting any dog to remain on the premises occupied by the person.

Dangerous dog. Any dog which bites any human being, dog, cat or livestock, or which chronically demonstrates menacing behavior toward human beings, dogs, cats or livestock.

For purposes of this section, “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 ten feet while barking.

Permit. For purposes of sections 5.250 to 5.340, conduct by the keeper of a dog which is intentional, deliberate, care-less, inadvertent or negligent.

5.255 Enforcement.

It shall be the duty of the chief of police or any other designated police officer, or the dog control officer of the city to enforce the provisions of sections 5.250 to 5.340.

5.260 Violations.

It shall be a violation for a keeper of any dog to:

(1) Permit any such dog to run at large, as defined in section 5.250, upon any public street, highway or public place, or upon private property owned by a person or persons other than the keeper of the dog within the corporate limits of the city.

(2) Permit a dog to chase a vehicle or person.

(3) Permit a dog to scatter garbage.

(4) Permit a dog to damage or destroy property of persons other than the keeper of the dog.

(5) Permit any dog to cause unreasonable annoyance, alarm or noise disturbance at any time of the day or night by repeated barking, whining, howling or other like sounds which may be heard beyond the boundary of the keeper’s property.

(6) Keep a dangerous dog. It shall be an affirmative defense that a dog bites, attacks, or menaces a trespasser on the property of its keeper or anyone wrongfully assaulting that dog or its keeper.

(7) To leave a dog unattended for more than 24 consecutive hours without adequate food, water, shelter, care or super-vision. Shelter shall include a structure or other means of protection from the weather and injury.

(8) Physically mistreat any dog, either by deliberate abuse or neglect to furnish adequate care, including medical attention.

5.285 Impounding.

Any member of the police department or the dog control officer of the city is authorized to impound any dog found running at large as defined in section 5.250 or that is found to be unlicensed.

5.340 Penalties.

(1) Any person convicted of a violation of section 5.315 or section 5.330 shall be subject to imprisonment for not more than six months or a fine not to exceed $1,000 or both.

(2) Any person convicted of a violation of section 5.325 shall be subject to a fine not to exceed $250.

(3) Any person convicted of a violation of subsections (1) through (6) of section 5.260 shall be subject to a fine not to exceed $500; and the court, in its discretion, may also order the removal of the dog from the city of West Linn, restitution for damages or any other remedy within the power of the court. Further, for violation of section 5.260(6), the court may order destruction of the dog involved. Destruction of a dog may be ordered if:

(a) A dog, whether or not con-fined, causes the serious injury or death of any person; or

(b) A dog, while at large, kills any domestic animal;

(c) A dog engages in or is found to have been trained to engage in exhibitions of fighting; or

(d) A dog repeats behavior such as aggressively biting or causing physical injury to any person or domestic animal.

(4) Except as where otherwise provided, any person convicted of a violation of any provisions of sections 5.250 to 5.335 shall be subject to a fine not to exceed $500. Each day’s violation of a provision of sections 5.250 to 5.335 constitutes a separate offense.

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