Chapter 6.04 - DOGS[1]

6.04.010 - Purpose.

This code is implemented in order to be current with ORS Chapter 609 and protect the citizens of the city of Elgin from aggressive and nuisance dogs.

(Ord. No. 166, § 1, 10-9-07)

6.04.020 - Definitions.

"Adult dog" means any dog having a set of permanent canine teeth, or past the age of six months.

"Aggressive dog" — See Section 6.04.140.

"Animal" means any member of the classes of reptiles, birds or mammals except man.

"Animal shelter" means a facility which is used to house or contain stray, homeless, abandoned or unwanted animals, and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit or profit organization devoted to the welfare, protection, and humane treatment of animals. Management policy will determine animals to be accepted at the animal shelter.

"At large" means any dog off the premises of the owner and not under the control of either the owner or a person authorized by the owner.

"Companion animal" means any animal kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter.

"Dangerous dog" — See Section 6.04.140.

"Enforcement officer" means any law enforcement officer that may enforce any state or federal regulations that may be applicable.

"Kennel" means a private residence with four or more adult dogs.

"Lawful" in regard to herding, hunting, or training means to be engaged in such activity on the property of another by permission, or on public land that is set aside and/or open for such use.

"Leash" means a cord, thong, or chain not more than eight feet in length by which an animal is physically controlled by the person accompanying it, and which is of a strength to restrain the animal.

"License tag" or "tag" means a pre-numbered identification license sold to an owner/custodian for a specific pet animal. Rabies identification or other identification may not be substituted or accepted in lieu of a license tag.

"Livestock" as defined by ORS 609.125.

"Owner" means any person owning, keeping, harboring, caring for or right of possession to one or more dogs. For purposes of determining responsibility for dogs creating a nuisance, a dog shall be deemed to be harbored and owned if it is fed or sheltered for seven consecutive days or more. If a person decides to keep a stray, and the dog is old enough to be licensed, it shall be licensed within thirty (30) days. In a family setting, the owner is presumed to be the head of the family or the person whose name appears on a license registration, a rabies vaccination form, or lacking other means of determination, the owner or leaseholder of the property where the dog is kept.

"Person" means any individual, partnership, association, corporation or other legal entity.

"Public nuisance" means any dog that unreasonably annoys humans, endangers the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The owner shall be personally liable for a dog that becomes a public nuisance and shall be financially liable for actions of his/her dog.

"Restraint" means any dog secured by a leash or lead under the control of a responsible person and obedient to the person's commands, or under competent voice control. Restraint may include a pet carrier or other device sufficient to keep the dog from running at large.

"Under control" means the voice, signal or physical control so as to be restrained from approaching a bystander, from entering private property, and from causing damage to property. A dog is presumed not to have been under control if injury, damage or trespass has occurred.

"Veterinary hospital" means an establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.

"Wild" or "exotic animals" — See Section 6.04.170.

(Ord. No. 166, § 2, 10-9-07)

6.04.030 - Provision of animal control services.

A. The animal control services to be provided by this chapter may include, but not be limited to, the following:

1. Establishing and maintaining a dog licensing program for domestic dogs. 

2. Capture and control of all types of dogs running loose within the city.

3. Investigation, reporting and, where necessary, issuance of summons to owners on complaints of animals being kept in unsanitary, unhealthy, inappropriate or other unlawful conditions.

(Ord. No. 166, § 3, 10-9-07)

6.04.040 - Licensing.

A. No person may own, harbor, keep or have custody of any dog over the age of six months unless the dog has a current license. Animal shelters and foster homes are exempt from licensing.

B. All licenses shall be issued on a calendar year basis, expiring on December 31st each year and must be renewed prior to January 31st of the following year. Violation of this subsection is failure to license or renew license.

C. It is unlawful for any owner to use a license tag for any dog other than the one for which it has been issued. If there is a change of ownership of a licensed dog, the new owner must apply for and obtain a new license.

D. It is unlawful for any person to steal or remove the license tag from any dog.

E. It is unlawful to make any false statements for the purpose of securing a lesser license fee.

F. The keeping of dogs within the city of Elgin is forbidden unless the owners or keepers thereof shall procure a license for each dog. In any prosecution for a violation of this section or for determining the length of time an animal must be kept in impoundment, the absence of a tag appended to a dog's collar shall be prima facie evidence that said dog has not been legally licensed.

G. License fees shall be established by resolution of the city council. To encourage owners to help in the control of unwanted pet births, the city of Elgin shall offer a reduced license fee for all neutered dogs.

(Ord. No. 166, § 1, 10-9-07)

6.04.050 - Kennel licensing.

A. Land Use. The issuance of a license for a kennel shall not constitute approval of the land use nor be evidence of compliance with land use restrictions or regulations, which may apply to operation or location of the proposed kennel. Applicants must have approval from the city of Elgin.

B. Licensing Requirement. No person shall operate a kennel without first obtaining an annual license from the city of Elgin for each kennel operated. Fees shall be established by resolution of the Elgin city council.

C. License Procedure. Upon receipt of an application for a dog kennel license, the Chief of Police or his designee shall inspect the facility, and upon determination that the facility complies with all applicable provisions of this chapter and other applicable city, state, or federal laws, shall issue a license. The chief of police shall approve or deny an application made under this chapter within sixty (60) days of its receipt and the payment of the applicable fees, or the application shall be deemed approved for the current year, subject only to revocation as provided in this chapter.

D. Display of License. Each dog in the kennel over the age of six months shall wear a license tag provided by the city of Elgin. Each dog shall have a license form but the fee shall be the single fee set for kennels.

E. Denial and Revocation of License. A kennel license required under this section may be denied or revoked for any of the following reasons:

1. Failure to comply substantially with any provision of this chapter;

2. Conviction of the owner or any person subject to his direction or control for the violation of any provision of this chapter or other applicable state or federal law, rule, order or regulation pertaining to any activity relating to animals; or

3. Furnishing false information on the application for a license under this chapter.

F. Appeal From Denial or Revocation of License. If an application for a kennel license is denied or approved subject to conditions, or revoked, the applicant may appeal denial, conditional approval, or revocation to the city council no later than fifteen (15) days after the date of the decision by the chief of police. The city council shall provide a hearing for the applicant within thirty (30) days of notice of appeal. Notice of hearing by the city council shall be mailed to the applicant by certified mail no later than ten (10) days prior to the hearing. A decision by the city council resulting from an appeal under this section shall be reviewable only as provided in ORS Chapter 34.

G. Inspection. A kennel licensed under this chapter shall be subject to inspection by the chief of police at any time for the purpose of determining compliance with this chapter. The chief of police shall have the right to inspect the facility itself, as well as all records and other documents required to be kept by this chapter.

(Ord. No. 166, § 5, 10-9-07)

6.04.060 - Rabies control/bite quarantine.

A. No person may keep or harbor in the city a dog over six months of age which is not inoculated against rabies by a licensed veterinarian in accordance with current accepted standards.

B. Any dog afflicted with rabies or bitten by a rabid animal is a nuisance and the owner or custodian of such dog is required immediately upon discovery to submit the dog to veterinary treatment and guarantee its confinement for such period and in such manner as directed by the county health officer, a licensed veterinarian, or enforcement officer, sheriff, or other peace officer.

C. The county health officer may direct the detention of dogs suspected of having rabies, in accordance with health department administrative rules. Notwithstanding the provisions of any other portion of this chapter, any dog impounded for biting a person shall be held for not less than ten (10) days before redemption or destruction to determine if the dog is rabid.

D. The owner of a dog who bites a human being shall notify the Elgin police within twelve (12) hours of such bite, giving the name and address of the person bitten, if known.

E. Any person who is bitten by a dog shall notify the Elgin police of such bite within twenty-four (24) hours, giving a description of the dog and the name and address of such owner if known.

F. When a doctor, veterinarian, shelter employee, or medical clinic employee has information that a person has been bitten by a dog, such person shall notify the Elgin police within twenty-four (24) hours.

G. All other animal bites shall be reported to the Union County health department, by the person bitten, their doctor or a hospital.

(Ord. No. 166, § 6, 10-9-07)

6.04.070 - Public nuisance.

A. The owner or keeper of a dog shall not allow the animal to be a public nuisance as defined in this chapter. The term "public nuisance dog" shall mean and include, but is not limited to, any dog that:

1. 1. Is repeatedly found at large;

   2. Damages the property of anyone other than its owner;

   3. Molests or intimidates a pedestrian or passerby;

   4. Chases vehicles;

   5. Excessively makes disturbing noises, including, but not limited to continued and repeated howling, barking, whining for more than ten (10) minutes or intermittent barking for more than thirty (30) minutes in a sixty (60) minute period, causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored. If the barking is caused by the presence of predators such as coyotes, or deer or other wildlife, or by a person intentionally taunting the dog, then the dog is not a public nuisance;

   6. Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the dog is kept or harbored;

   7. Causes unsanitary conditions in enclosures or surroundings where the dog is kept or harbored;

   8. Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of dogs maintained;

   9. Attacks livestock or companion animals not belonging to the dog owner.

   10. Scatters garbage; and/or

   11. Is a female in heat and running at large.

B. Any person who has cause to believe a dog is being maintained as a public nuisance may complain, either orally or in writing, to the Elgin police department. The complaint shall be considered sufficient cause for an officer to investigate the matter and determine if the owner or keeper of the dog is in violation of this section or other sections of this chapter pertaining to nuisance.

C. Every reasonable effort will be made to see that every female dog in heat is confined in a building or secure enclosure in such a manner that such female dog cannot come into contact with another dog, except for planned breeding.

D. Any dog whose owner allows or permits their animal to deposit excreta on public areas, recreation areas or on private property not belonging to the owner is hereby declared to be a nuisance and the owner shall be responsible for the removal of the excreta. In lieu of or in addition to removal of the excreta, the owner or custodian may be cited by a law enforcement officer for violation of this chapter.

E. Each day a nuisance exists may be an additional cause for a citation.

(Ord. No. 166, § 7, 10-9-07)

6.04.080 - Dog at large.

A. It shall be unlawful for the owner or custodian of any dog to cause, permit or allow such dog to roam, run, stray or be away from the premises of such owner or custodian and to be on any public place, any public property or the private property of another within the city. An owner or custodian of a dog may take it off the owner's or custodian's premises provided the dog is under restraint. Any dog found roaming, running, straying, or being away from the owner or custodian's premises and not on a leash or under control as herein provided, is hereby declared to be at large, and such dog may be seized and impounded subject to the redemption provisions of this chapter. In lieu of, or in addition to, impounding a dog, the owner or custodian may be cited by any law enforcement officer for violation of this chapter.

B. The prohibition contained in Section 6.04.100(A) shall not apply to dogs that are under control while engaged in one of the following:

1. Lawful herding of farm animals;

2. Lawful hunting activities;

3. Lawful competition sanctioned by a nationally recognized body or a local chapter thereof;

4. Lawful training in preparation for such herding, hunting, or competitive activities.

(Ord. No. 166, § 1, 10-9-07)

6.04.090 - Impoundment.

A. At large dogs may be lawfully taken by any person and impounded in the animal shelter. The person must notify the shelter staff of the owner's name and address, if known.

B. Redemption. An owner reclaiming an impounded dog shall pay impoundment fees and board fees in accordance with fees set by the shelter. If the dog is required to be licensed, the fees shall be paid at the time of redemption, and the tags issued upon presentation of proof of rabies vaccination. If the person reclaiming the dog has outstanding unpaid tickets (tickets not pending Hearing appeal), those must also be paid prior to the release of the dog (we are working on a program with the animal shelter).

C. Impounded dogs shall be released to owners or custodians on presentation of proof of ownership, and proof that all appropriate fees have been paid. Any dog apprehended or turned into the shelter for impoundment will be held for a minimum of five days. Any dog wearing a collar with a valid license tag will be held for a minimum of five days, and the Officer or Shelter will make a reasonable effort to contact the owner. Any dog not redeemed during the required holding period will be deemed to have been surrendered to the animal shelter for disposition.

D. Seriously injured, diseased, or wild dogs need not be detained for the holding period, but with the concurrence of a veterinarian or certified euthanasia technician may be disposed of in a humane manner at any time. Notwithstanding the provisions of any other portion of this chapter, any dog impounded for biting a person shall be held for not less than ten (10) days before redemption or destruction, to determine if the dog is rabid, unless the owner shows proof of current rabies vaccination and has an adequate area for home quarantine.

E. Any impounded dog, following the holding periods, and dogs voluntarily surrendered to the animal shelter, shall be disposed of in a humane manner, or, at the discretion of the shelter manager, may be held for a longer period to allow for adoption.

F. Other animals may be impounded at the shelter's discretion.

(Ord. No. 166, § 9, 10-9-07)

6.04.100 - Animal cruelty—In addition to ORS Chapter 167.

The following, singly or together, are deemed to constitute cruel treatment to animals. Therefore, it shall be unlawful for any person to:

A. Tether, confine, or restrain any dog in such a way as to permit said dog to become frequently entangled in such tether, or render said dog incapable of consuming food or water provided for it. All dogs must have a fenced yard or cabled run no shorter than twenty (20) feet long and no shorter than ten (10) feet wide. Small dogs, no more than eight inches tall may be kept in an area no smaller than one hundred (100) square feet.

B. Confining a dog within or on a motor vehicle or other enclosure or structure when unattended and under such conditions as may endanger the health and well being of the animal. Such conditions include, but are not limited to, dangerous temperature, lack of food or water, and confinement with a vicious dog.

C. Knowingly placing food of any description containing poisonous or other injurious ingredients in any location likely to be accessible to domesticated animals or livestock.

(Ord. No. 166, § 10, 10-9-07)

6.04.110 - Animal abandonment.

Abandonment is defined as dropping off or leaving said animal on the street, road, or highway, or in a public place, or the private property of another person, firm, corporation; or in the case of a dog impounded at the animal shelter, a dog is presumed to be abandoned by its owner if they have taken no affirmative action to redeem the dog for a period of five days from the date of notice of impoundment. Animals may be left at the shelter by arrangement with shelter staff. If the owner refuses to redeem or pay fees for his animal, the owner may be cited for Abandonment and the dog will be placed for adoption.

(Ord. No. 166, § 11, 10-9-07)

6.04.120 - Identification and classification of dangerous or aggressive dogs.

A. Aggressive—Level 1. A dog shall be classified as aggressive level 1 if while at large, or secured in such a manner as to reach a public right-of-way, or secured in such a manner as to interfere with a legal right of entry to the dog owner's property the dog does menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any person or, while at large, threaten or cause injury to any domestic animal.

B. Aggressive—Level 2. A dog shall be classified as aggressive level 2 if while at large or secured in such a manner as to reach a public right-of-way, or secured in such a manner as to interfere with a legal right of entry to the dog owner's property the dog does aggressively bite or cause physical injury to any person, or while at large kills any domestic animal.

C. Dangerous. A dog shall be classified as dangerous if, whether or not confined, causes serious physical injury or death to a person; or is used in the commission of a crime; or is an aggressive level 2 dog that repeats the behavior after the owner is notified of the designation.

D. No dog shall be classified as dangerous or aggressive, even if the dog has engaged in these behaviors, upon a determination that the behavior was caused by abuse or torment of the dog, or criminal activity on the part of any victim.

E. No dog shall be found to be dangerous or aggressive if it is a dog trained for law enforcement purposes and is on duty under the control of a peace officer.

F. A police officer shall determine whether any dog has engaged in the behaviors specified in subsections A, B, and C. The determination shall be based upon an investigation that includes observation of the dog's behavior by an officer or the sheriff, or by other witnesses who personally observed the behavior. Observations must be in writing attesting to the observed behavior.

(Ord. No. 166, § 12, 10-9-07)

6.04.130 - Notification to owner of dangerous or aggressive dogs.

The Elgin police department shall give the dog's owner written notice by certified mail or personal service that includes the following:

A. The dog's specific behavior.

B. The dog's dangerous or aggressive classification.

C. Restrictions applicable because of the dog's classification.

(Ord. No. 166, § 13, 10-9-07)

6.04.140 - Regulation of dangerous or aggressive dogs.

A. Aggressive—Level 1.

1. Dogs classified as aggressive level 1 shall be restrained at all times by a physical device or structure, in a manner that prevents the dog from reaching any public sidewalk or adjoining property and must be located so as not to interfere with the public's legal access to the owner's property, whenever that dog is outside the owner's home and not on a leash.

2. The dog shall be licensed and the license renewed as required.

3. Change of residence by owner or keeper or change of ownership of the dog shall be reported to the animal control agency. A new owner shall be subject to the same restrictions for the dog as the original owner.

B.Aggressive—Level 2.

1. Dogs classified as aggressive level 2 shall be confined within a secure enclosure whenever the dog is not on a leash or inside the owner's and/or keeper's home. The secure enclosure must be located so as not to interfere with the public's legal access to the owner's/keeper's property.

2. The dog shall not be off the property unless it is restrained and under the control of a capable person.

3. The owner/keeper shall purchase and post a "beware of dog" sign at all entrances to the property if the behavior involved humans.

4. The dog shall be licensed and the license renewed as required.

5. Change of residence by the owner/keeper or change of ownership of the dog shall be reported to the animal control agency. A new owner shall be subject to the same restrictions as the original owner of the dog.

6. To ensure proper identification of the dog, the dog shall be microchipped at the owner's expense.

7. The dog shall be sterilized at the owner's expense.

C. Dangerous.

1. A dog classified as dangerous shall be euthanized not less than ten (10) days after classification to allow for rabies quarantine, unless appealed.

2. The dog shall be impounded upon receipt by the owner/keeper of written notice of classification, pending completion of any appeals.

3. Where the subject dog has been impounded and an appeal has been filed, the owner/keeper of the dog shall be required to post a deposit of one hundred fifty dollars ($150.00) at the time the appeal is requested towards the expense of sheltering the animal during the appeal process.

4. If the classification of the dog as dangerous is upheld on appeal, the owner shall be liable for the cost of the dog's impoundment, and all fees incurred for sheltering and caring for the dog, or forfeit any amount remaining of the original deposit.

5. If the classification of dangerous is reversed on appeal, the deposit shall be returned.

6. Failure to file an appeal as provided or unexcused failure of a party to appear at a duly scheduled hearing, shall constitute a waiver by the party of any further appeal under the ordinance codified in this chapter. Upon entry of a waiver in the record, the last decision issued by the police department shall become final.

(Ord. No. 166, § 14, 10-9-07)

6.04.150 - Appeal procedures for aggressive and dangerous dogs.

A. To appeal an aggressive or dangerous classification, the following requirements must be met:

1. Appeals must be made in writing to the Elgin Municipal Court.

2. A twenty-five dollar ($25.00) appeal fee must accompany the written request.

3. In all dangerous dog classification appeals, a one hundred fifty dollar ($150.00) deposit must also accompany the written request to cover the costs to shelter the dog during the appeal process.

4. The written appeal, the twenty-five dollar ($25.00) appeal fee, and the one hundred fifty dollar ($150.00) deposit for dangerous dog appeals must be received by the municipal court or within ten (10) days from the date of the notice of classification.

B. Pending appeal, the owner shall comply with the restrictions specified in the aggressive or dangerous notice. Failure to comply with these restrictions shall be considered a violation of Section 6.04.160.

IMPORTANT: FAILURE TO COMPLY WITH ALL APPLICABLE REQUIREMENTS UNDER THIS SECTION WITHIN TEN (10) DAYS FROM THE NOTICE OF CLASSIFICATION SHALL RESULT IN THE CLASSIFICATION BEING FINAL!

C. To appeal the decision of the municipal court regarding a dangerous dog classification, the owner may contact circuit court.

D. The owner can petition the municipal court to have the aggressive level 1 and level 2 classifications removed if no subsequent citations have been issued for the following times:

1. Aggressive—Level 1. No citations or complaints for one year and the dogs behavior has changed to the point that the dog is no longer aggressive.

2. Aggressive—Level 2. No citations or complaints for two years and the dogs behavior has changed to the point that the dog is no longer aggressive.

(Ord. No. 166, § 15, 10-9-07)

6.04.160 - Costs of injured animals or carcass removal.

A. If an injured dog requiring veterinary treatment is impounded by an officer or other person and the owner can be clearly identified, the officer shall have the authority to assess the costs of the veterinary treatment to the owner. Any owner refusing to pay such assessed costs may be cited for a violation of this chapter.

B.If the city is requested to remove a dead dog and the owner can be clearly identified, the city shall have the authority to assess the costs of removal and disposal to the owner; provided, however, that the cost of removal/disposal shall be reasonably commensurate with the actual costs and that a reasonable attempt be made to contact the dead dog's owner prior to such removal.

(Ord. No. 166, § 16, 10-9-07)

6.04.170 - Keeping of wild and exotic animals.

The keeping of wild and exotic animals shall be in accordance with Chapter 609 of the Oregon Revised Statutes.

A. In addition to all exotic animals, any canine or feline hybrid will be considered as exotic for the purposes of this chapter and shall be subject to all provisions in addition to any state or federal restrictions. 

B. Canine hybrids may be licensed for the purpose of tracking and control, but issuance of a license does not imply that the hybrid is protected from rabies with a vaccination. 

C. Hybrids which have bitten a person or another animal shall be taken into custody and immediately be humanely destroyed and the head submitted for analysis as required by state law. 

D. An owner shall identify whether or not an animal is a hybrid, unless there is other evidence to the contrary such as the breeder of the animals stating that they are a hybrid, or other such proof, to the satisfaction of the chief of police. In the event of a dispute over an animal's breeding, the safety of the public shall take precedence over the rights of the animal owner. 

E. Hybrids will not be adopted from the animal shelter. They will be humanely destroyed as soon as possible.

(Ord. No. 166, § 17, 10-9-07)

6.04.180 - Enforcement and penalties.

A. The provisions of this chapter shall be enforced by Elgin police department. It shall be a violation of this chapter to interfere with a law enforcement officer in the performance of his/her duties. 

B. Definitions. For purposes of this section, the following terms are defined as follows:

1. Admissible Evidence. The Oregon Evidence Code shall be applicable to hearings held for violations of county infractions.

2. Municipal Court. The Elgin Municipal Court.

C. Establishment and Purpose.

1. A county hearings section with the powers and responsibilities provided in this section, and subject to the procedures and limitations set forth below, is hereby established.

1. The city of Elgin Municipal Court has been established for the purpose of providing a convenient and practical forum for the administrative hearing and determination of civil violations of certain city Ordinances, in connection with but not limited to dog control ordinance violations.

D. Penalties. The following penalties will be the maximum penalty assessed by the court for a first conviction. Fines for multiple convictions will be set by the court, not to exceed five hundred dollars ($500.00).

1. Allowing dog to run at large or not under control .....$100.00

2. Having a dog that has been classified as an aggressive dog and allowed to run at large or not under control .....$200.00

3. Animal abandonment .....$100.00

4. Animal cruelty .....$100.00

5. Public nuisance .....$100.00

6. A dog not licensed and vaccinated .....$100.00

7. A dog not licensed .....$50.00

(Ord. No. 166, § 18, 10-9-07)

Chapter 6.08 - FEEDING WILDLIFE

6.08.010 - Feeding wild animals prohibited.

It is unlawful for any person to intentionally provide feed, directly or indirectly, within the city limits, to any wild animal which is under the control, regulation or protection of the Oregon Department of Fish and Wildlife and is a member of a species of mammal of which adults have a normal body weight exceeding forty (40) pounds.

(Ord. 133 § 1, 2000)

6.08.020 - Penalty.

Violation of Section 6.08.010 of this chapter shall be an infraction and subject to the provisions of Elgin Municipal Code Sections 1.04.050 and 1.80.010 (subsections A through D).

(Ord. 133 § 2, 2000)

[1]---Editor's note— Ord. No. 166, §§ 1, 2, adopted October 9, 2007, repealed the former Chapter 6.04, §§ 6.04.010—6.04.070, and enacted a new Chapter 6.04 as set out herein. The former Chapter 6.04 pertained to similar subject matter and derived from Ord. No. 5-1995 and Ord. No. 145, 2001.