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Washington County - Dog Control
.4 °w AMENDMENT TO DOG CONTROL AGREEMENT THIS AMENDMENT TO THE DOG CONTROL AGREEMENT, is made.and entered into this G day of �« a►r , 1999, between Washington County, a- home.rule subdivision of the State of Oregon; hereinafter"County" and the City of Tigard, a duly incorporated city in Washington County, Oregon, hereinafter referred to as"City." The Agreement was initially entered into on August.26, 1986, by the City and County and has been renewed for successive three-year terms by the parties. County enacted'its Dog Control Ordinance as No. 306. Ordinance No. 306, which is referred to as the:Agreement, has been amended by Ordinance Nos. 317,394 and 491. These Ordinances are codified in the Washington County Code at Section 6.04. The parties agree to amend the Dog.Control Agreement as follows: 1) All references to Ordinance No. 306 shall be amended to read: "Washington County Code Section 6.04." 2) The last sentence in Paragraph No. 3 shall be amended to read: "All citations issued for a violation of the Dog Control Ordinance shall be adjudicated under the procedures established in Washington County Code Section 6.04." 3) Any amendment to Washington County Code Section 6.04 made after the date of this Agreement shall not affect the terms of the Agreement. AMENDMENT WDOO CONTROL AOREEMENT Page 1 arWccityk\doc\de a The Cityand County hereby agree to the provisions of this Amendment to the.Dog Control Agreement. z�1 DATED this day 1997. City of Tig d By: or By: iii:ty�Recorder 8 DATED this_ (6 day of , 99x. Board of County Commissioners For Washington County, Oregon By. Linda Peters, Chair By: o-Aet 444'11'vlo'�L Recording Secreta APPROVED WASHINGTON COUNTY APPROVED AS TO FORM: BOARD OF COMMISSIONERS MINUTE ORDER# ....9 .:.., ..... kA41144A, D046 ...................... ........... ............ Alan A. Rapple a Sr. Assistant nt/Counsel AMENDMENT TO DOG CONTROL AGREEMENT Pagg2 ar\dccityk\doclde r DOG CONTROL AGREEMENT entered into , this THI S AGREEMENT, made and day of 2= 198 by and between WASHINGTON COUNTY , a home rule subdivision of the State of Oregon, hereinafter referred to as "County" anal TlaaVd a duly incorporated city in Washington County, Oregon , herein- after referred to as "City" . WITNESSETH ORS 203.040 provides that a County ordinance, adopted ;in the exercise of its police powers may apply within an incorporated city, provided the electors of the city or its governing body co-nsent thereto. County has adopted Ordinance No. 30.6 , a. Dog Control Ordinance, which provides for enforcement of the Ordinance within the boundaries of municipal corporations in the County, upon intergovernmental agreement for such enforcement. County does maintain a Dog Control Department with a staff responsible for the enforcement and administration of the County Dog Control Program.. City desires to maintain a Dog Control program within its territory by means of this intergovernmental agreement and the No . 306 , except as otherwise provided terms of County Ordinance herein. AGREEMENT P a-g e 2 , City desires to contract with the County for the administration and enforcement of the City ' s Dog Control Program, and to terminate any pri.or agreements for dog control between. City and County. County is agreeable to rendering those services on the .-terms and conditions as set forth in this Agreement. It would be in the best interest of City and County to enter into such an agreement to avoid duplication of effort and to minimize personnel . costs , as authorized and provided by ORS 190.010 through. 190.030. NOW,. THEREFORE, in consideration of the mutual promises and covenants set forth in this Agreement, it is mutually agreed as follows : 1 . County Ordinance No. 306 , attached as Exhibit "A" and incorporated herein by this reference, shall be enforced within the boundaries of the City. The term "Washington County" appearing in Ordinance No. 306 shall be deemed to include City for the purposes of this Agreement. The Washington County Dog Control Division shall administer the Dog Control Program and enforce Ordinance No. 306 within the City. The Dog Control Program shall include those duties and functions of the type r AGREEMENT Page 3 coming within the jurisdiction of and customarily performed by the County in the administration and enforcement: of the County ' s Dog Control Program. 2. The rendition of such service, standards of performance ,. and employment of Dog Control Officers , and other matters incident to the performance of the.se services shall remain in the County. County shall retain full. responsibility for the acts and omissions of its officers and employees, and shall hold City harmless for County employees ' negligence subject to the provisions of ORS 30.260-30. 300. 3. County shall furnish and supply all necessary personnel , equipment, communication facilities and shelter for animals as necessary to maintain the level of services. to be rendered under this Agreement. All citations issued for a violation of Ordinance No. 306 shall be adjudicated in Washington County District Court. 4. County will issue all licenses and permits required by Ordinance No. 306 and collect and retain all fees from sale of. licenses and permits . City agrees that County shall retain all fees , charges and fines collected in the enforcement and administration of Ordinance No. 306. These monies are intended to defray partially the expenses incurred by County in the administration and enforcement of Ordinance No. 306 and shall be AGREEMENT , Page 4 the consideration for the services rendered . County shall . perform the services and duti.es described herein at no cost to City. S. Any prior -agreement between City and County shall terminate on the effective time and date of this Agreement. 6. City retains full authority to enact regulations pertaining to all other subjects which may relate. to dog control , including but not limited to land use and noise regulations. City may enact additional or more stringent ordinances pertaining to dog control not otherwise inconsistent with County Ordinance No. 306. Enforcement of such ordinances and provisions shall be the exclusive responsibility of City. City may choose to supplement the Dog Control Program within its territory using its personnel at its own expense. City shall hold County harmless from negligent acts or omissions of City employees under this Agreement subject to the provisions of ORS 30. 260-30. 300. 7. This Agreement shall be effective upon the date of its execution, and shall remain in effect for three ( 3) years . It shall be automatically renewed for successive three ( 3) year terms unless modified , renegotiated or terminated by either party. Either party may terminate by giving no less than thirty (30 ) days written notice of termination.,, • : AGREEMENT Page 5 r of f acting IN WITNESS WHEREOF, the City by and through its Mayor a.nd City Recorder, has executed this Agreement on the date appearing below, and, Washington County , through its duly organized and authorized Board of County Commissioners , has caused this Agreement to be executed. DATED this _►'y� day of 198L at`fii a �_ Oregon. CITY OF By 0 By y ecor er DATED this 244"" day of VS'r 198-, at Hill sboro, Oregon. BOARD OF COUNTY COUNTYCOMMISSIONERS OREGON FOR WASHINGTON airman APPROVED WASHINGTON COUNTY BOARD OF COMMISSIONERS MINUTE ORDER # DATE - "�'g Recon n ecretary 0036r AppROV ED A3 TO h r Aasistant County Counsel IroxCounty, O° WASHINGTON COUNTY, OREGON 29 August 1:986 Loreen R. Wilson City Recorder City of Tigard P. 0. Box 23397 Tigard,, OR 97223 Re: Dog Control ;Agreement - City of Tigard On August 26, 1986, the Washington County Board of Commissioners approved a Minute Order #86-347 declaring the Intergovernmental Agreements with all of the County's member cities for Dog Control Services. We are herewith sending you a copy of the Minute Order and' the Dog Control Agreement dated and signed by your city and the Chairman of the Board of Commissioners. An apology for the delay, but we wanted to submit all the agreements at the same time. Thank you again for your participatiorn. If you have any questions about this matter, please feel free to call me at 684-4617 (toll free), Extension 2460. Very truly yours, DEPARTMENT OF ASSESSMENT AND TAXATION Donald W. Mason, Director Bytj, 4ayjWm. Smith, r. , an gement Analyst JWS/jw Enclosure: 1 copy of Minute Order #86-347 . Original Dog Control Agreement Department of Assessment and Taxation 150 North First Avenue,Room 105 Hillsboro,Oregon 97124-3087 Phone;503/648-8741 AGENVA WASHIN JN COUNTY BOARD OF COMM IONERS Assessment and Taxation Agenda Category - , � II Dog Control - Intergovernmental Agreement Agenda Title L - Don Mason, Director,, Assessment and Taxation To be presented by SUMMARY (Attach-Supporting Documents if Necessary) As your Board may recall , in, the past their has been divided jurisdictional authority for Dog Control among the County and its member cities. These intergovernmental agreements (proviAed for your inspection at the clerks desk) with all of the cities provide for Dog Control services under the centralized authority of your adopted ordinance. For your information, the Ordinance _ establishes that all fees and fines go to the County, DEPARTMENTS REQUESTED ACTION: That your Board approve the intergovernmental. agreements with all of the County's member, cities for Dog Control Services. COUNTY ADMINISTRATOR'S RECOMMENDATION: The agreements are provided for your inspection at the clerk's desk. APPROVED WA; IT �T, c;:)I fNfy BOAriD OF C,,. .. ._. _ _ Agenda Item No. Id MINUTE CRD_ : it ....... ............. ... DATE ........ r .�$� .. ........ ...»........ oats. BY ............. '....� ........ ct =t:a- FnARff 201 . rl AGREEMENT r. THIS AGREEMENT, made and entered into this day of-W 1975, by and between Washington County, Oregon, a political subdivision of the State of Oregon, hereinafter called "County", and r-i�y of Tigard , a municipal corporation of the State of Oregon, hereinafter called "City" . WITNESSETH: WHEREAS, City and County had heretofore entered into an agreement pertaining to the administration and enforcement of City's Dog Control Ordinance No. 7= and WHEREAS, County has adopted a revised and updated Dog Control Ordinance, No. 138, amended by Ordinance No. 14^ and No. 155; and WHEREAS, County does maintain a Dog Control Department with a staff responsible for the enforcement and administration of the County Dog Control Program; and WHEREAS, City is desirous of continuing to contract with the County for the administration and enforcement of the City's Dog Control Ordinance, and the termination of the prior agreement to this effect between City and County; and WHEREAS, County is agreeable to rendering those services on the terms and conditions as hereinafter set forth; and WHEREAS, it would be in the best interest of City and County to enter into such an agreement to avoid duplication q of effort and to minimize personnel costs, as authorized and provided by the provisions of ORS 190.010 through 190.030; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is mutually agreed as follows: 1. County agrees to provide administration and enforcement of the terms and provisions of the City Dog Control Ordinance No. 75-4 marked Exhibit "A", attached hereto and by this reference incorporated herein; during the normal workday for the City on the same basis that the administration and enforcement is provided by County for the unincorporated areas of Washington County. The services performed in the administration and enforcement of the City's Dog Control Ordinance shall encompass those duties and functions of the type coming within the jurisdiction of and customarily rendered by County in the administration and enforcement of the County's Dog Control Ordinance. 2. The rendition of such service, standards of performance, the discipline of dog control officers, and other matters incident to the performance of these services and control of personnel so employed shall remain in the County. G . 3. County shall furnish and supply all necessary labor, supervision, equipment, communication_ facilities, and shelter for animals .as necessary to maintain the level of services to be rendered hereunder. 4. County hereby covenants and agrees to hold and save the City and all its officers, agents and employees harmless from all claims whatsoever that might arise against the City, its officers, agents or employees, by reason of any act. of. County, its officers, agents or employees in the performance of thedutiesrequired by the terms of this agreement. S. All persons employed in the. performance of the services and functions pursuant to this agreement for .the City shall be County employees, and no person employed here A under shall have any City pensions, salary, compensation for injury or sickness, or any status or rights by virtue j of designation as City employees. 6. County, its officers and employees, shall not be deemed to have assumed any liability for acts of the City, or of any officer, employee or agent thereof, and City hereby.. j covenants and agrees to hold and save County and all its officers, agents and employees harmless from all claims whatsoever that .might arise against County, its officers, agents or employees by reason of any act of the City, its officers, agents and employees. 7. County will issue all licenses and permits required by the City' s Dog Control Ordinance and collect and retain the fees therefore. City agrees that County shall retain all fees and charges collected-.. in the -enforcement- and administration of the City's Dog Control Ordinance. Thesel . monies are intended to defray partially the expenses incurred by County in the administration and enforcement of the City' s Dog Control Ordinance and shall be the consideration for the services rendered. i 8. County agrees to duly process and take action on claims filed by residents of the City for alleged loss of livestock killed by dogs according to the terms and requirements of County' s Dog Control Ordinance No. 138, as amended, the same as if said claimant resided in the unincorporated area of the County. 9. Any agreement between City and County heretofore entered into shall terminate on the effective time and date of this agreement. 10. This agreement shall be iw ful force and effect beginning (5;ZMnd this agreement shall remain in ef-tect until modifie , renegotiated or. terminated at any time by either party, subject to a 30 day notice of termination. 3 - ` IN WITNESS WHEREOF, the City of � t b and through its Mayor and City %r, pursuant w acting y has executed this agreement to ordinance No. 75 _ and Washington County, on the date hereinafter appearing, 9 through its duly and authorized Board of County Commissioners has caused this agreement to be executed. . . DATED this 27 day of January , 1975, at Tigard , Oregon. CITY OF Tigard By ayor By City Rec r er DATED- this t sfi day of �� � 1975 ! at Hillsboro, Oregon. BOARD OF COUNTY COMMISSIONERS FOR HINGTON UNTY, OREGON Chaij an Az)b. ,.- COUNISEL R�ording Se retary_ FUN VV,,,?a`:NGTOia COUNTY, ORc. N�E.1-IT arT�N C�p7N" ►"PROS ED BOARD — liTfSi�U`3' ....- DAT a .............. S, AGREEMENT THIS AGREEMENT, made- and entered into this 19th day or January , 1971, by and between WASHINGTON COUNTY, OREGON, a political subdivision of the State of Oregon, hereinafter called the "County", and the CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called the "City"_, WITNESSETH: : WHEREAS, City and County had heretofore entered into an agree- ment pertaining to the administration and enforcement of the. City's Dog Control Ordinance which was patterned after County's Dog Control Ordinance No. 50; . and WHEREAS., County is in. the process of adopting . a revised and updated Dog Control Ordinance, No. 77, which will have an effective date of January 1, 1971; and WHEREAS, City is also in the process of updating and revising its Dog Control Ordinance. to also have an. effeetive date of January 1, 1971; - and WHEREAS,County's Dog Control Division is responsible for the , enforcement and administration of the County Dog Control Program; and WHEREAS, City is desirous of continuing by contract the ad- ministration and enforcement of the -City's Dog Control Ordinance after January 1, _1971 by County as. herein provided, thus to avoid dupli- cation and to minimize costs, as authorized and encouraged by ORS 190.010 through 190.030; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is mutually agreed as follows: (.1) County agrees to administer and enforce the terms and provisions -of the City Dog Control Ordinance, marked Exhibit "A", attached hereto and by this reference made a part .hereof, during each s normal workday for the .City on the same basis that administration and enforcement is conducted by County for the unincorporated areas-- of Washington County. The services performed by County in the admin- istration and enforcement .of the City's Dog Control Ordinance shall be those duties and functions customarily rendered by County in the administration and enforcement of the County's Dog Control Ordinance. (2) The rendition of such service, standards of performance, the discipline of dog control officers, and other matters incident to the performance of these services and control of personnel so employed shall remain in the County. (3) County shall furnish and supply all necessary labor, supervision, equipment, communication facilities, and shelter .for animals as necessary to the services to be rendered hereunder to the City. (4) County hereby covenants and agrees to hold, save harm- less and indemnify the City, its officers, agents and employees, from all claims whatsoever thet might arise against the City, its officers, agents 'or employees, by reason of any act or failure to act of the County, its officers, agents or employees in the performance of the duties required by the terms of this agreement. (5) All persons. engaged. in the performance of the services and functions pursuant to this agreement shall be County employees, and no person employed hereunder shall be entitled to City pensions, salary, compensation for injury or sickness, or. Any status or rights. (6) County, its officers and 'employees, shall not be deemed to have assumed any liability-for acts of the. City, or of any officer, employee -or agent thereof,. and City hereby covenants and agrees to save, hold harmless and indemnify County and all its officers, agents and�z.employees from .all claims ,whatsoever that might arise against County, its officers, agents or employees by reason of any act or Page2 AGREEMENT 1A. failure- to act of 'the .City, its officers, agents and employees. .. (7) County will issue all: lieenss and permits required by .the City's Dog Control Ordinance and. collect and retain. the fees therefor, and-County shall retain all fees and charges collected- in the enforcement and administration. -of the City's Dog Control Ordi- nance , thus to defray in part the- expenses incurred by County• in the administration and enforcement of the City's. Dog Control Ordi nance. (8� County agrees to timely process and take action on claims . , filed by residents of the .City for alleged loss of livestock killed by :dogs as is provided within the Dog Control Ordinance of the City. (9) The pre-existing agreement between City and County here- tofore entered- into on December 3, 968 shall terminate on ,the effective time and date of this agreement. (10) This 'agreementshall be in full force and effect begin ning •12:.01 a.m. , aanuary., l, -1971• IN" WITNESS WHEREOF, this instrument has .been executed in duplicate, pursuant to Resolutions or Ordinances. heretofore -duly and legally adopted by each of the parties -signatory hereto.. APPROVED WASHINGTON COUNTY. BOARD OF_ COMMISSIONERS WASH (ETON- CO 21INUTE ORDER :DATE / -�7_ By .............::1..9...... .... ......_.. ......... . ...... .... Cha , Board o . ounty Co ss. onePs CLERK OFT BOARD for .Tdashington. County, Oregon, ,' eeording . Se` re ary - F TIQARD OREl3 ON APPROVED A T-6/1 F��ir ' ' „ . ayor . �.........., # ecor er Page 3 AGREF 4ENT _ THIS AGREEMENT,,. made this ' 3rd--.day of December , Igo 8 b.ettje.6 :WASHINdT6N COUNTY' hereinafter referred' to as the, "county."," and the -CITY OF •TICARD, OR.ECON,. hereinafter referred tv.-as'the tityn� ZdITNES •SETH WREREA3� the Cite has an. esablished dog cOriro1 program which requires enforcement, and, WHEREAS, the .County has ' a responsibility .to enforce Washing- .ton County Ordinance No. ,5,0 respecting dog ad' ntrel and provides and . maintains.-:a staff for enforcement . and adrnihistration of said Ordinance ' and . M -REAS, the ,City finds that'.it 3s in the: public: ntei st to avail itself of services furnished by the County to a4ol dupli-.' dation -of. effort .and to -minimizepersonnel costo, NOW, THEREFORE,, IT It ,MUTUALLY AGREED AS, FOLLOWS (l') "County" will furnish' -to ."City", do •'control service during a normal .work .day for. City on the sane basis such,--service, is furbished .for Che .unincorporated' area in Wash ton ;County. •This .'service will::be furnished at no.,ch.arRe to the City. ; Service shall- be . .be,. the response to calls placed .by. authorized personnel,of the` City to the County .dispatch center acid shall include -but 'not be limited to the following:. a. Investigation of calls- b.;; ulls b• Apprehension°.,'of animaila y. .wbere n6cessary c. Complete .report. on investigation ,.:• d. Any other- appropriate aetions, . including notice8 to owners, pod;irig of ;notices to unknown owners e Remove 4ea.d .animals, from public roadway (2) County will. cite all persons charged::.with .a>violation• of.the dog control`flaws to the appropriate court for processing and if necessary will appear as a witness in any such procedure. if re- quested.' 3 onnty agrees to..issue ccuhty,doh licenses and collect` the.. fees theref©r* :,City, agrees that.,.County shall retain all fees and Ohoaged. dbliected 'on 'cty'6bealf in- the orsof its - administration and,, enforcement ,of the Ordinance. These .ae's, are intended td.'%def'ray partially. the expenses ineurred by the £aunty in AdministeAn `the City'6; Ordinance. _(4) County agrees to consider. anti .gain filed by a resident. of the City for ,loss of those animals'.'deseribed ih Section 20 of County's' Or'diriance, No. 5Q., according to :All the terms andrequ re . ' ments,.theredf 'the . same, .as if; said claimant .resided in the :unincor-;- porated area. flf Washington County:..: Ill- 'WSTNgsS 1MHEO7 the, City. -of, Tigard, acting r-hy' and,'through #s Mayor.and City Recorder., pursuaht- to Opdinahee _No:; 68 ' ;, has executers -.this -agreement on the date'-herelnaPte F appearing,. and WASH INGTON COU]q.rkY through its .duly authorized .undersigned. officers, pias caused `this areement to be executed.." -WASHINGTOK, COINTY, OREGOt•l ' • . _ - firman . . By: �eVk- 63: tfi Board CITY -OF TIGARI , OREGON : Executed 'this* 3rd'day 'of By December 19'68 City Recorder._ ,�pn�0T^J E%��":S I_'i IGTON COUNTY - rr ... 6 a- BY ..cyEC BOARD AGREEMENT This agreement made this 28th day of August . 1967, between the Washington County Dog Control Board, hereinafter referred to as "Board" and City of Tigard , Oregon, hereinafter referred to as "City" . WITNESSETH WHEREAS, City desires the cooperation of the Board in the dog control program in the city and, WHEREAS, Board has a responsibility to enforce state law respecting dog- control and provides and maintains a staff. for the enforcement and administration of said law, and WHEREAS, City finds that it is in the public interest to avail itself of services furnished by Board to avoid duplication of effort and to minimize personnel costs ; Now, therefore, it is mutually agreed as follows: 1. "Board" will furnish to "City" dog control service during a normal work day for City on the same basis such service is furnished for the unicorporated area of Washington County, without cost to the "City" . 2. "Board will furnish to "City" dog control service during those hours not within a normal work day as may be needed by "on call" request. Such "on call" service. is defined as the. response to calls, placed to employees of. "Board" or to the "Board" dispatch center by the "City" Police Department. Such response shall include, but . not be. limited to the following: a. Investigation of calls b. Apprehension of animals, where necessary C. Complete report on investigation d. Any other appropriate action, including notices to owners, posting of notices to unknown owners e. Remove dead animals from public roadway Dated this � day of August 19 67. City of Tigard n By Ma or City Recox r WASHINGTON COUNTY DOG CONTROL BOARD l_ "%II III lift rt- WaAing Oregon WILLIAM MASTERS, CHAIRMAN CLAYTON NYBERG, COMMISSIONER JOHN C. .ANICKER, COMMISSIONER FRED O. LEUTWYLER ..... iq wW ELDON HOUT, COMMISSIONER2 �'�� O : DIRECTOR OF FINANCE BURTON C. WILSON JR., COMMISSIONER ROOM 208 /rrr/rIfi nli,:1t 11` September 18, 1967 Mr. Robert Logan g€p 2 0 1967 City Administrator City of Tigard 12420 S. W. Main St. Tigard, Oregon 97223 Re: Dog Control Agreement Dear Mr. Logan: Please be advised that the Washington County Dog Control Board at its regular meeting on September 12, 1967 rejected the contract for dog control presented to them by the City of Tigard. The Board was of the opinion that such a con- tract would be inconsistent with their policy as in effect with the cities of Hillsboro, Forest Grove and Cornelius, which call for regular monthly payments. This policy requires that services above the countywide level are sub- ject to a special charge. The Board would consider a similar agreement with Tigard. If there are any questions please feel free to call on us. Very truly yours, (re twy er ctor, Departm of Finance FOL:dv Enc. 3 cc Dog Control Board County Administrative Officer > ooh 7.,2 Receive and File Community Development Land Use Decisions 7.3 Accept Tigard Christian Church Sanitary Sewer Service Agreement & Authorize Signatures 7.4 Accept Circle AW Products Company & Western International Properties Permanent Storm Drainage Easement 7.5 Approve Street Vacation Public Hearing - 99W Frontage Road - Resolution No. 86-28 yl 7.6 Approve. Intergovernmental Agreement With Washington County And Authorize Signatures - Dog Control 7.7 Approve Conditional Acceptance of Sanitary Sewer Improvements Hall Blvd. Baptist Church - Resolution No. 86-29 7.8 Approve Reduced Sale Price Of Blueline Quarter Section Maps - Resolution No. 86-30 7.9 Ratify Phone Poll Approval Of OLCC Renewal Application: o K.C. Deli, 15943 SW 72nd Avenue, RMB Application a. Motion by Councilor Brian, seconded by Councilor Edwards to approve with the exception of 7.2 which is removed for discussion. Approved by unanimous vote of Council present. COUNCILOR BRIAN LEFT MEETING - 7:28 PM •- Lost quorum. Mayor noted that the meeting would proceed with review of the action items and formulation of recommendations. Final action would be taken upon the return of Councilor Brian. b. 7.2 Receive and File Community Development Land Use Decisions Mayor Cook noted several people were in the audience to discuss their concerns about this land use decision, SDR 5-86 Equities Northwest (Burger King), located at the SW corner of Scholls Ferry Road and Nimbus Avenue. Legal Counsel stated Council should not hear testimony regarding this issue since it could be appealed for a public hearing latter before the Council. City Administrator recommended the citizens contact the NPO in the area and study this issue with them. Community Development Director was asked to go out of the meeting with the citizens and discuss this process with them. COMMUNITY DEVELOPMENT' DIRECTOR left meeting - 7:35 PM 8 . PUBLIC HEARING - SOLID WASTE RATE INCREASE PUBLIC HEARING A proposed rate increase by the three garbage hauling franchisees whi, h serve Tigard (Frank' s Miller, and Schmidt' s) . A recommended increlaso o 16.5% was received from the Tigard Utility and Franchise Commi ttek, Acid will be considered along with testimony received at the hearing. a. Public Hearing Opened b. LaValle Allen, Chairman of the Utility & Franchise Committoo, presented the synopsis of the study completed by the Committoo ,and recommended increasing the rates by 16.5X,. Page 3 - COUNCIL. MINUTI-S - MARCH 10, 1986 WA , .-IINGTON CO. -.*NT"I jtCLe.►- j�C}�giL�Nt'ti: I.O:fiSj1l5iiai£M;Q �/ . � � - RECE f ECS March 28, 1975 TO Board of County Commissioners RPR. - 1975 CITY.OF, TIGARO From Assistant County Counsel -. Subject DOG CONTROL CONTRACTS BETWEEN WASHINGTON COUNTY AND INCORPORATED CITIES WITHIN THE COUNTY on December 13, 1974 a letter was sent to all i-ncorporated cities within Washington County who have contracts with the County for dog control. The cities were notified that because Washington County had revised its dog control ordi- nance, in the form of Ordinance 138, it would be neces- sary for the cities to revise their own ordinances, especially in regard to the use of Uniform Dog Citations, and new fees for the licensing and impoundment of dogs. With the revision of the County's and the cities' respective dog ordinances, it was necessary that a new contract be entered into between the several cities and the County. Each city was sent a form contrac- and im was requested that they amenl or adopt a new City' Dog Control Ordinance and attach said ordinance to the signed agreement. To date, all but four (4) cities have .complied with our request. The cities that have furnished us with the necessary documents are: City of Cornelius, City of Beaverton, City of Durham, City of North Plains, City of Sherwood, King City, City of Tigard and City of Hillsboro. Although we have again requested the necessary material, we have not had a satisfactory response -from City of Forest Grove, City of Banks, City of Tualatin or City of Gaston. At this time the Board may consider those contracts that have been signed and returned to the County, and upon approval, they _ should be signed and attested to by the Chairman of the Board and forwarded to the Department of Finance and Administration. APPROVED WASHINGTON COUNT33 BOARD OF COMMISSIONERS MINUTE Di R .,... .. . .. . DATE ... ._....7.. ....... _._.....-.�........ nJohn M. . Junkin (� Assistant C ty Counsel J.... a, � JMJ.lh // CLERK OF Tf COALU) is 'ti •i� ,aT I IN THE BOARD OF COUNTY COMMISSIONERS 2 FOR WASHINGTON COUNTY, OREGON 3 Relating to the Adoption of a Dog Control Ordinance Providing for a 4 Dog Control Program; Supplying Definitions; Prohibiting Certain 5 Activities, Providing for Impoundment, Redemption, Sale and Disposal of Dogs; 6 ORDINANCE NO. _77 Providing for Annual Licensing and Rabies Vaccination, Providing for 7 Disposition of Fees and Charges; Providing for Procedures Concerning Biting Dogs; 8 Providing for Claims for Livestock Killed by Dogs; Repealing Ordinance No. 50 9 of Washington County; Providing for Penalties and Declaring an Emergency. 10 11 The Board of County Commissioners of Washington County, Oregon, 12 ordains: 13 SECTION 1 . PURPOSE AND PLEADING OF THIS ORDINANCE. 14 In order to protect the health, safety and welfare of the residents 15 and citizens of Washington County and to provide for the protection of 16 dogs therein, the Board of County Commissioners for Washington County 17 does hereby enact the following provisions, which may be referred to and 18 pleaded as the "Dog Control Ordinance. " 19 SECTION 2 . DEFINITIONS. 20 A. As used in this ordinance, unless the context requires 21 otherwise: 22 1. "DOG" means any animal of the canine family. } 23 2 • "DOG LICENSE" means that license required to be issued 0 24 annually for each individual dog pursuant to the provisions U 0Z 25 of this ordinance. H0 _zw 26 3 . "KENNEL". means any person engaged in the business of = o' ao 27 dealing in commerce, breeding or exhibiting of dogs. X mN 28 4. "DANGEROUS OR VICIOUS DOG" means any dog having, due to its W J of29 size, nature or other characteristics, a disposition or U > 30 propensity to do an act harmful in its character, to human Z o' 31 beings or animals, regardless of whether done in a playful 32 or hostile manner. Page 1 5. "LIVESTOCK" means cattle, horses, sheep, goats, swine, 2 turkeys, chickens, and any fur-bearing animal bred and 3 maintained, commercially or otherwise. 4 6. "OWNER" means any person who keeps, has custody of, 5 possesses, harbors, or exercises control over a dog� with 6 the exception of veterinary hospitals, kennels and pet 7 shops, as defined in this ordinance. 8 7. "PERSON" means an individual, a partnership, company, 9 association, corporation, or any other legal entity. 10 8. "PET SHOP" means any person regularly engaged in the 11 business of breeding, buying or selling animals of any 12 species. 13 "DOG RUNNING AT LARGE" means a dog off or outside the 14 premises of the owner, not restrained by a rope, line, 15 leash, chain, or other similar means, or not under the 16 immediate control, restraint, or command of an owner thereof. 17 If a dog is not restrained by a tether of some kind, is not 18 at heel or not a working dog in the field, that dog shall 19 be deemed "at large. " 20 10. "SMALL ANIMAL SHELTER" means the facility by that name, 21 built, and maintained by Washington County, Oregon. 22 11. "VETERINARIAN" means a practicing one licensed pursuant } 23 to the laws of the State of Oregon to perform any of the 0 24 acts set forth in ORS 686.040. U oz 25 12. "VETERINARY HOSPITAL" means any business establishment �- o z w 26 maintained and operated by a veterinarian which is operated im 0 a o 27 for the diagnosis and treatment of diseases or injuries of 3 M W y 28 animals. H0 of 29 SECTION 3. POWERS AND DUTIES OF DOG CONTROL OFFICERS. U F 30 A. The powers and duties of the Dog Control Officers shall be as z 0 31 follows: U 32 1. To have police power in the enforcement of all provisions Page 2 ORDINANCE NO. 77 1 of this ordinan'ce relating to the licensing and impounding 2 of dogs. -3 2 . To maintain and keep a small animal shelter or other place 4 where all dogs subject 'to impoundment may be kept ' and held 5 safely and provided with proper and sufficient food . and 6 water. 7 . 3. To impound and keep safely any dog which is found doi_ng - 8 any of the activities set forth in Section 4 of this 9 ordinance, apparently abandoned or as required by the. 10 Department of Health of Washington County.- 11 4. To issue citations and complaints within appropriate 12 jurisdictions, appear as witnesses and to perform all other 13 acts necessary for the enforcement of this ordinance. 1:4 5. To receive any costs and charges hereinafter provided 'in 15 this ordinance'. 16 6. To investigate reports of. biting dogs. as hereinafter set 17 forth in this ordinance. 18 7. To investigate livestock claims made pursuant to Section 10 19 of this ordinance. 20 SECTION 4. PROHIBITED ACTIVITIES. 21 . A It shall be unlawful, for any. person:' 22 1. To interfere with, hinder, molest or abuse ,a Dog Control. } 23 Officer in the exercise of his duties. 0 24 2 . To be the owner .of a dog which he fails to prevent from v oz 25 running at large. o zw 26 3 . To be the owner of a dangerous or vicious dog. = o < 0 27 4. To be the .owner of a dog which he fails to prevent from N y 28 running through or across cultivated yards, gardens .or Z J o 29 fields, whether or not under the control of• the owner. U Z30. 5. Tobe. the owner of a dog which .he fails to prevent from 0 31. disturbing the public peace by: 1. molesting passers-by; 32. 2 .- chasing vehicles; 3. habitually attacking other animals; Page 3 ORDINANCE NO. 77 1 4. travelling upon school grounds, public parks, public 2 game refuges, public watershed areas; or 5. trespassing 3 upon private property in such a manner to damage that 4 property. 5 6. To be the owner of a dog affected with a contagious disease 6 which runs at large or is exposed in any public place 7 whereby the health of man or beast may be affected, 8 except that such dog may be removed from the premises of 9 the owner or other person by a veterinarian, dog control 10 or police officer or by any person supervised by the 11 Department of Health of Washington County. 12 7. To be the owner of any dog for which he has failed to 13 procure or display a dog license, if such license be 14 required under. Section 5 of this ordinance. 15 SECTION 5. LICENSING OF DOGS. 16 A. Any person owning a dog which has permanent canine teeth 17 shall procure a license for each such dog in each calendar 18 year, or any part thereof. Such license shall be procured 19 not later than March 1, in any year, or within thirty days 40 after the day upon which a dog with permanent canine teeth 21 is brought by the owner into Washington County; thereafter 22 each such dog shall be .Licensed on a calendar basis from year Y 23 to year. The Dog Control Division shall keep a numbered record 0 24 of such licenses, and shall include information as to sex and U oz 25 breed of the dog and the name and address of the owner; �- o zw 26 provided, however, that this section shall not apply to non- = m N O < - 27 resident dog owners, living outside Washington County, if dogs M Wm 28 of such owners are not kept within Washington County in excess N J o = 29 of thirty days and if such dogs are kept at all times under U 30 restraint by the owner. z 0 31 B. A dog license fee of $4.00 shall be charged for each dog. This U 32 fee is due and payable on application for a dog license. The Page 4 ORDINANCE NO . 77 1 license fee shall not be pro-rated for any part of any 2 calendar year; provided, however, that any dog owned and used by 3 a blind person is exempt from the license fee while so owned 4 and used, but is not exempt from being licensed or from any 5 required rabies innoculation. 6 C. Any kennel or pet shop, either of which possesses, controls, 7 owns, keeps or has custody of in the course of its business, 8 dogs with permanent canine teeth, may pay an annual license 9 fee of twenty-five dollars ($25.00) . Such fee shall be in 10 lieu of all individual dog license fees imposed upon such dogs 11 owned by such kennel or pet shop. This section shall not apply 12 to dogs with permanent canine teeth which are the personal 13 property of another person boarded or otherwise similarly 14 kept by such kennel or pet shop. 15 D. It shall be the duty of the owner of any dog with permanent 16 canine teeth kept in Washington County to have that dog 17 innoculated against rabies and no license shall be issued for 18 any dog, unless the applicant exhibits a cerificate of inno- 19 culation by a veterinarian, or, in the case of dogs owned by 20 a kennel or pet shop, a statement of such innoculation, 21 signed and sworn to by the owner of that kennel or pet shop. 22 The certificate of innoculation or sworn statement must demon- } 23 strate that the vaccination is valid for immunity against rabies 0 24 for the entire period for which the license is issued. U oZ 25 However, if a veterinarian ceritifies to some physical condition �. o ZW 26 of a dog which would prevent such innoculation for any period, = o 3 0 27 no innoculation shall be required for that period and a license w N 28 may be issued for that dog. H J Z o = 29 E. Any owner failing to procure or pay for a license as required U Z30 by this ordinance in any year shall- pay a delinquent penalty o' 31 for such failure in the sum of two dollars ($2.00) for each U 32 dog, provided that, in the case of a kennel or pet shop owner, Page 5 ORDINANCE NO. 77 1 either of which are subject to Subsection .0 of this section, 2 the failure to procure a valid license as required by that 3 subsection shall subject the pet shop or kennel to a delinquent 4 license penalty of two dollars ($2. 00) for each dog. In every 5 case such penalties shall be in addition to the regular 6 license fees and shall be paid at the time of the issuance of 7 the license or licenses. 8 F. If a license tag be lost, the owner may secure a duplicate 9 license tag, or in the case of kennels or pet shops, a license 10 certificate, from the Dog Control Division upon satisfactory 11 proof of loss and payment in the sum of two dollars ($2 .00) . 12 G. Upon issuance of a dog license, the Dog Control Division shall 13 issue to the owner a metallic or durable plastic license tag, 14 stamped with an identifying number and with the year of 15 issuance of the license and so designed that it may be 16 conveniently fastened to a dog collar or harness. Such tag 17 shall be fastened to the dog' s collar or harness by the owner 18 and shall be worn at all times when the dog is not on the 19 premises of the owner. The Dog Control Division shall 20 maintain a record of the identifying numbers and which shall 21 be available to the public at all reasonable times. 22 H. Licenses from other jurisdictions shall be valid in Washington >- 23 County until January 1st of the next licensing period year if 0 24 such license requires innoculation against rabies until that U oz z 25 date. f- o zw 26 SECTION 6. IMPOUNDMENT AND DISPOSITION OF IMPOUNDED DOGS. = o 30 29 A. Whenever any dog is found performing any of the activities X WN28 enumerated in Section 4 of this ordinance, or has bitten any z J o = 29 person or animal, a dog control officer, any police officer, U 30 any owner or private person may impound it immediately by z o' 31 delivering the dog to the Small Animal Shelter. U 32 B. Any impounded dog, which by reason of injury, disease or other Page 6 ORDINANCE N0. 77 1 cause, is suffering great pain or is dangerous to keep 2 impounded, may be destroyed forthwith. The Dog Control 3 Division may request a veterinarian to certify to this fact 4 in writing before such immediate destruction is undertaken. 5 C. The Dog Control Division shall keep any dog impounded or 6 delivered to the Dog Control Division for disposalor as 7 otherwise provided in this ordinance, for the period of time 8 hereinafter specified, and shall dispose of dogs in accordance 9 with the following provisions: 10 1. Redemption, Destruction or Sale of Unlicensed Dogs . 11 Unless an unlicensed dog is redeemed by his owner, within 12 five days after impoundment in a manner consistent with 13 Subsection D of this section, the dog may be destroyed or 14 sold in. a manner consistent with Subsection D of this 15 section. 16 2 . Redemption_, Destruction or Sale of Licensed Dogs. 17 Unless a Dog which evidences a license by this county or 18 any other authorized governmental entity, is redeemed within 19 seven days after notice of impoundment is mailed, such dog 20 may be destroyed or sold in the manner prescribed by Sub- 21 section D of this section. Notice of impoundment shall 22 be given by deposit in the United States Mail within 23 five days after impoundment of a certified and postage 0 24 prepaid letter addressed to the person pgr•chasing the U oZ 25 license for the dog, advising that person that the dog has Zw 26 been impounded and the place where the dog is kept and the icr 0 U)o 27 procedures required for redemption. If the dog be sold to 3 M Wy 28 someone other than the owner, a new license must be H J of29 purchased, but no new innoculation will be required for the U > 30 balance of the current licensing period. Z 0 31 3. Sale or Destruction of Unwanted Dogs. U 32 Any dog given to the Dog Control Division by the owner Page 7 ORDINANCE NO. 77 1 t_1-Ierec t- For disposal-, may be destroyed or sold in a manner 2 consistent with Subsection D of this section, provided 3 that a release by the owner or his authorized representa- 4 tive must be given in writing to the Dog Control Division 5 if a dog is to be destroyed, within five days, except as 6 provided in Subsection B of this section. 7 D. A dog may be redeemed or sold only if the following qualifica- 8 tions be met: 9 1. That the dog is in good health and free from disease; 10 2 . That the dog is neither dangerous nor vicious; 11 3 . That if the dog be sold, that the purchaser pay prior to 12 sale, the basic impoundment fee; 13 4. That if the dog be redeemed, that the impoundment charges 14 and fees, as applicable, be paid prior to release of the 15 dog; provided that the owner must supply proof of owner- 16 ship. If the dog be licensed, a current license shall be 17 prima facie proof of ownership; 18 5. That the dog be immunized against rabies within thirty 19 days after redemption or sale unless the dog lacks 20 permanent canine teeth at the end of said thirty days 21 or there is proof that the dog has a rabies vaccination 22 valid for the current licensing period; 23 6. That the dog be licensed within thirty days after 0 44 redemption or sale unless that dog lacks permanent canine u o Z 25 teeth at the end of said thirty days. �- o zw 26 E. Any dog sold by the Dog Control Division may be returned within = o 30 27 thirty days after purchase in exchange for another dog which M wm 28 qualifies for sale. Such exchange shall be free of any 0 J Z o = 29 further impoundment fee. U ' 30 F. The Small Animal Shelter shall be opened at reasonable times Z o' 31 to the public, as the Board of County Commissioners may determine. 32 Such times shall be posted at the Small Animal Shelter. Page 8 ORDINANCE NO. 77 I G. The following schedule of charges shall be imposed for 2 release of an impounded dog, a dog redeemed by its owner or 3 purchased dog: 4 1. Basic Impoundment Charge . . . . . $5.00 5 2. In addition to the basic impoundment charge, an 6 additional charge of two dollars ($2. 00) per day, or 7 fraction thereof, shall be levied on an owner redeeming 8 a dog. 9 SECTION 7. DISPOSITION OF LICENSE FEES, IMPOUNDMENT CHARGES, DELINQUENT LICENSE PENALTIES, PROCEEDS FROM THE SALE OF DOGS, AND ALL 10 OTHER MONIES AND FEES PAID TO THE DOG CONTROL DIVISION. 11 All sums representing license fees, delinquent license penalties, 12 proceeds from the sale of dogs, impoundment charges and all other 13 monies and fees paid to the Dog Control Division shall be turned 14 over to the Director of Finance and Administration of Washington 15 County, Oregon, as part of the Dog Fund of Washington County. 16 SECTION 8. REVOCATION OF KENNEL OR PET SHOP LICENSE. 17 The Board of County Commissioners may, after a hearing and 18 opportunity to be heard, revoke any kennel or pet shop dog license 19 if the person holding such license refuses or fails to comply with 20 this ordinance, or any other state or local law regarding the 21 keeping of dogs. Any person ubcselicense is revoked shall, within 22 ten days humanely dispose of all dogs owned by him. No part of } 23 the license fee shall be refunded in such case. It shall be a 0 24 condition of the issuance of any dog license to any kennel or pet U o z 25 shop that dog control officers shall be permitted to inspect all z w 26 dogs and the premises where such dogs are kept at any reasonable im 0 3 - 27 time and the Board of County Commissioners may, if permission for M W y 28 such inspection is refused, revoke the permit of the refusing z J of 29 owner. A copy of this section shall appear on the application for U } 30 all licenses set forth in Subsection C of Section 5. Review of z o' 31 the Board' s actions shall be solely and exclusively by Writ of U 32 Review as provided in ORS 34.010 through 34. 100. Page 9 ORDINANCE NO. 77 I SECTION 9. BITING DOGS TO BE REPORTED AND QUARANTINED. 2 A. The owner of a dog which bites a human being shall notify 3 the Department of Public Health of Washington County immediately 4 of such bite, giving the name and address of the person bitten, 5 if known to him, and shall abide by the quarantine instructions 6 given by the Department of Health of Washington County. 7 B. Any person who is bitten by a dog shall forthwith notify the 8 Department of Health of Washington County of such bite, giving 9 a description of the dog and the name and address of the owner, 10 if known to him. 11 C. When a doctor, veterinarian or hospital has information that a 12 person has been bitten by a dog, such person or hospital shall 13 forthwith notify the Washington County Department of Public 14 Health. 15 D. This Board may promulgate rules and regulations requiring 16 the owner of a dog that has bitten a person to quarantine said 17 dog for a period of time that is necessary to determine whether 18 the dog has rabies. During quarantine, the dog shall be 19 securely confined and kept from contact with any other animal 20 or human, except persons authorized by the Washington County 21 Department of Public Health as it deems necessary for the 22 protection of public health, safety and welfare. Such y 23 quarantine may be on the premises of the owner or other suitable Z 24 place. If the Washington County Department of Public Health U 25 requires other confinement, the owner shall surrender the 00 animal for the quarantine period, which shall in no event z � 26 � = o 3 0 27 exceed ten days; said quarantine to be passed in impoundment WN 28 at the Small Animal Shelter or the owner shall, at his own Z 'J of 29 expense, quarantine the dog at a veterinary hospital. U } 30 SECTION 10. CLAIMS FOR LIVESTOCK KILLED BY DOGS. Z o' 31 A. The owner of any livestock killed by any dog may, within five U 32 days after the killing occurs, or becomes known to him, present Page 10 ORDINANCE NO. 77 1 to the Board of County Commissioners of Washington County, 2 Oregon, a verified statement containing a full account of 3 such killing, stating in detail the amount of damage claimed 4 on account thereof, and the name and address of the owner or 5 custodian of the dog, if his name is known, as well as any 6 insurance claim the owner may have in this regard. The claim 7 shall be supported by the affidavit of at least one disinterested 8 person as to all material facts as to damages contained therein. 9 B. All claims presented as provided in Subsection A of this 10 section shall be considered by the Board of County Commissioners. 11 The Board may allow a claim or any portion thereof that it deems 12 just and reasonable, shall file and enter of record the value of 13 livestock killed, and order a voucher drawn in payment thereof. 14 If it deems the claim unjust, it shall disallow it and enter 15 such fact upon record. No claim shall be allowed where it 16 appears that the injury or damage complained of is caused by 17 a dog owned by the claimant or his agent, nor for any amount 18 for which the claimant is insured. 19 C. In each case where a claim made for livestock killed has been 20 paid by the Board of County Commissioners for Washington 21 County, Oregon, the said Board shall be subrogated to all 22 rights of the owner of the livestock killed against the owner 23 of the dog for the amount of claim actually paid by the Board 0 24 of County Commissioners. The County Counsel of Washington U z 0 25 County shall proceed promptly, in a lawful way, to collect on w 26 said claim. Any money so collected shall be paid immediately im0 3 0 27 to the Director of Finance and Administrative Management of Hm 28 Washington County, Oregon. As a condition of payment of any z 3 - 29 claim, the claimant must cooperate in any proceeding by F 30 Washington County to recover a subrogated claim. z 0 31 SECTION 11. REPEAL OF ORDINANCE NO. 50. 32 Ordinance No. 50 of Washington County, Oregon, entitled "Dog Page 11 ORDINANCE NO. 77 1 Control Ordinance Providing for Control of Dogs Running at Large, 2 Establishing Dog Control Division and the Department of Public 3 Health, Requiring Rabies Vaccination, Licensing, Claims, and 4 Providing Penalties for Violation, " enacted May 28, 1968, is hereby 5 repealed. 6 SECTION 12. AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS TO CONTRACT WITH GOVERNMENTAL AGENCIES. 7 The Board of County Commissioners of Washington County, Oregon is 8 hereby authorized to contract with any political subdivision 9 of the State of Oregon, municipality or other governmental 10 entity, body or agency, in a cooperative effort to enforce this 11 or similar ordinances or portions thereof in other jurisdictions. 12 SECTION 13. SEPARABILITY CLAUSE. 13 If any title, section, subsection, phrase, clause, sentence or 14 word of this ordinance shall for any reason be held invalid or 15 unconstitutional by a court of competent jurisdiction, the remainder 16 of this ordinance shall not be effected thereby and shall remain 17 in full force and effect. 18 SECTION 14. PENALTIES. 19 A. Upon conviction of any person for violation of any provision 20 of this ordinance, he shall be punished by a fine of not more 21 than two hundred dollars ($200.00) or by imprisonment in the 22 County Jail for not more than sixty days, or by both such fine } 23 = and imprisonment. o' 24 0 B. Each day any person shall be in violation of this ordinance, c Z 25 �- o shall be deemed a separate offense and violation thereof. i w 26 U) a C. In addition to any penalty imposed as provided in Subsection A < 6 27 3: (r of this section, a court may order the impoundment and Wi 0 m 28 Z � destruction of any dog found to be dangerous or vicious. J 29 Ox U D. Any person who has been convicted of a violation of this >- 30 Z ordinance and who is found by a court to have been formerly 0 31 U convicted of any violation of this ordinance or Ordinance No. 50 32 Page ].2 ORDINANCE NO. 77 s I of Washington County within the two years preceeding the 2 date of conviction, may be punished, by a fine of not more 3 than five hundred dollars ($500.00) , and imprisonment in the 4 County Jail for not more than ninety (90) days. 5 SECTION 15. EMERGENCY CLAUSE. 6 In order to protect the health, safety and general welfare of the 7 people of Washington County from the activities as described herein, 8 an emergency is hereby declared to exist and this ordinance shall 9 become effective January 1, 1971. 10 ENACTED this day of 1970, being 11 the date of the reading and the public 12 hearing before the Board of County Commissioners for Washington County, 13 Oregon. 14 BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON 15 16 Chairman 17 18 Recording Secretary 19 Reading Public Hearing First 20 Second 21 Third 22 Other } 23 z Vote Aye: 0 24 U Nay: z 25 oz f- o z w 26 Mo Recording Secretary 3 0 27 Ir J O Wm 28 Date (nN z J o = 29 U Y 30 z D 31 32 Page 13 ORDINANCE NO. 77 P r•, (b) Mayor Bishop reviewed his study of the building site and suggested possible uses of site as well as a building program for develop ment of a civic center. Citizens Forum will take public opinion poll which will give citizens opportunity to comment whether or or not Council should proceed toward a bid on the site. 14. S.W. MURDOCK STREET SEWER L.I.D. (a) City Recorder .reporfeed no remonstrances have been filed and recommended adoption of the ordinance. (b) ORDINANCE No . 75-3 S.W. MURDOCK L.I.D. - AN ORDINANCE DETERMINING THE FINAL COST OF SEWER IMPROVEMENTS IN THE S.W. MURDOCK STREET SEWER IMPROVEMENT DISTRICT: DETERMINING THAT THE PROPERTY BENEFITED SHALL BEAR ITS EQUIPTABLE SHARE OF THE COST OF THE IMPROVEMENTS: RATIFYING AND ADOPTING THE APPORTIONMENT AND ASSESSMENT 'OF THE COST TO THE RESPECTIVE LOTS, PARTS OF LOTS AND PARCELS-OF LAND WITHIN THE ASSESSMENT DISTRICT ACCORDING TO THE SPECIAL AND PECULIAR BENEFITS ACCRUING l THERETO FROM THE IMPROVEMENT; SPREADING THE ASSESSMENT; DIRECTING THE CITY RECORDER TO ENTER ALL ASSESSMENTS IN A SEPARATE LIEN DOCKET OF THE CITY AND DECLARING SAME TO BE A LIEN ON THE RESPECTIVE PROPERTIES UNTIL PAID: AND DECLARING AN EMERGENCY. (c) Motion to adopt: Councilman Cook; seconded by Councilman Barkhurst. Approved by unanimous vote of Council present. `�, 151. ORDINANCE No. 75-4 DOG CONTROL - AN ORDINANCE PROVIDING FOR THE CONTROL OF DOGS WITHIN THE CITY: AUTHORIZING THE EXECUTION OF A CONTRACT WITH WASHINGTON COUNTY EMPOWERING THE COUNTY'S DOG CONTROL DIVISION AND DEPARTMENT OF PUBLIC HEALTH TO ENFORCE THE PROVISIONS HEREOF: REQUIRING LICENSING AND VACCINATION OF DOGS; PROVIDING FOR THE ISSUANCE OF UNIFORM DOG CONTROL ORDINANCE, CITATIONS, LICENSE FEES AND PENALTIES; PRESCRIBING PROCEDURES FOR THE IMPOUNDMENT, REDEMP- TION, SALE AND DISPOSAL OF DOGS; PROVIDING FOR DISPOSITION OF FEES AND CHARGES TO BE COLLECTED BY WASHINGTON COUNTY: PROVIDING FOR HANDLING OF CLAIMS FOR LIVESTOCK LOSS CAUSED BY MARAUDING DOGS; PRESCRIBING PENALTIES; REPEALING ORDINANCES NOS. 71-1 AND 71-42; PRESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. (a) Council and staff discussed County's enforcement policy and performance in response to complaints. City Administrator Fycommented a study could be made and the ordinance amended at a later date. (b) Motion to adopt: Councilman Cook; seconded by Councilman Barkhurst. x� Approved by unanimous vote of Council present. (e) Council requested City Administrator write letter to Washington County requesting yearly report on activities in City. City u Administrator to report back to Council. Page 49 City Council minutes 1/27/75 ��16. APPROVE AND AUTHORIZE EXECUTION OF AGREEMENT DOG CONTROL THROUGH WASHINGTON COUNTY (a) City Administrator reo�r ended Couric1 authc�r z,- the execution of the agreement. (b) Motion to approve agreement and au horize execution by City Recorder and Mayor; Counc.'llman Barkhurst- seconded by Councilman Cook. Approved by unanimous vote. of Council- pr esezn t. 1.7. ORDINANCE No. 75-5 PLUMBING CODE o AN ORDINANCE AMENDING CHAPTER 14.12 (PLUMBING CODE) OF THE TIGARD MUNICIPAL CODE AS HERETOFORE AMENDED BY ORDINANCE NOo 74539 ADOPTING THE OREGON STATE PLUMBING SPECIALTY CODE. AND THE.. ADMIN- ISTRATIVE RULES FOR THE'-.OREGON STATE PLUMBING SPECIALTY CODE AS PROMULGATED BY THE .DEPARTMENT OF COMMERCE, BUILDINGS CODE DIVISION, OF THE STATE OF OREGON, THEREBY SUPERSEDING AND REPLACING AND PRE-EXISTING OREGON STATE PLUMBING CODE AND ALL LOCAL PLUMBING CODES EFFECTIVE FEBRUARY 1 , 1975- PRESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. (a) Motion to adopt: Councilman Ccok� seconded by Councilman Barkhurst. Approved by unanimous vote of 18. NEIGHBORHOOD PLANNING ORGANIZATION #Z (a.) Setting public hearing Februar y 10, 197159 8-.00 P.M. Council requested property ova ,,,m=rs be r �LL°�'. _ ,a�� by letter of the public hearing and the possibility c r a zone change. (b) Motion to set public hearing: Counc.ilrr.azi Ba.rk-hurs t, seconded by Councilman Cook. Approved by unanimous vote of C,c-)unscil. 19. APPOINTMENT OF SITE DEVELOPMENT DESIGN REVIEW BOARD MEMBER (Planning Commissioner) . (a) Mayor Bishop reported the Selecti'.on Comm.otte,e recomm_ndsd. the appointment of Lynn Wakem 9 Planning Commission member, for a term of office to expire July 29 1975. (b) Motion by Councilman Mickelsc to appc� :�_y1t Ly-nn W aketr,., s ucon.ded by Councilman Barkhurst. Approved by unanimous voi;e of Co--=,ci1 .-pr'sen', 20. CALL TO AUDIENCE a George Burgess state d he concurred with Council's opinioniri .n regarding dog control enforcement and county response to complaints. 21 . OTHER BUSINESS Ao City Administrator reported J. Allan Paterson°s term of office to -the U.S.A. Advisory Commission expires February 49 1975. Mr. Paterson has indicated his willingness tl-o serve another year. and Administrator recommended appzintmen�. Page 59 City'Counci: minu- e , :r27/75 ANDERSON, DITTMAN & ANDERSON r ATTORNEYS AT LAW TIGARD PROFESSIONAL CENTER 8865 S. W. CENTER STREET !' P. O. BOX 23006, TIGARD, OREGON 97223 L 639_1121 FRED A. ANDERSON DERRYCK H. DITTMAN January 24, 1975 ROGER F. ANDERSON MEMO TO: Doris Hartig City Recorder FROM: Anderson, Dittman & Anderson SUBJECT: DOG CONTROL ORDINANCE The within Dog Control Ordinance is an adaptation of the Washington County Ordinance and only those pages which required extensive modification have been altered, and the Ordinance is now in condition for adoption by the City Council. The typical agreement which accompanied the ordinance follows closely the draft prepared by this office in 1971, and after the blank spaces are completed, the agreement may be executed incident to the authority contained in the ordinance and for the purposes therein stated. Thank you for this opportunity of being of service. Very truly yours, ANDERSON, DITTMAN & ANDERSON Fred. A. Anderson FAA:pml ei.0 P4 r I I BINGTGN CG t TY ADMINISTRATION BUILDING, 150 N. FIRST AVENUE HILLSBORO, OREGON 97123 BOARD OF COMMISSIONERS EDWARD J.SULLIVAN.County Counsel BURTON C.WILSON JR.,Chairman ROOM 404 JONN C.ANICKER (503)648-8757 VIRGINIA DAGG HAY MILLER ROD RUTH E:JvEr 197 December 13, 1974 CITY OF TIGARD City of Tigard 12420 S.W. Main Tigard, Oregon 97223 Dear Sir: It has come to my attention that the agreement between .: Washington_C.o _ d your city regarding the enforcement of your s dog contr ^or Ina needs to be revised. may or may not be aware, Washington County on November 20, 1973, enacted .a new Dog Control ordinance No. 138 which became effective January 1, 1974. At that time, the previous Dog Control Ordinances No. 77,. -and 93 of Washington County were repealed. . Subsequently, your city ordinance_ relating to dog control should be brought up to date to conform with Washington County Ordinance No. 1380 as amended. Also, a new contract should be entered into with the County to reflect Ordinance No. 138. There were some changes accomplished by the adoption of Ordinance No. 138 from .the previous enacted Washington County Dog Control Ordinance. No. 77, . as amended. Briefly, the major changes are the following: 1. Ordinance No. 138 provides for the issuance of Uniform Dog Control Ordinance Citations. Section 3 of the Ordinance gives the Dog Control Officer. the power. and authority to write and issue Citations for the enforcement of the ordinance. This citation procedure is treated in the same manner as a Uniform Traffic Citation. 2. Dog license fees have been raised to $5. 00. Also, a $15.00 delinquent penalty fee is charged for any owners failure to timely procure ,a license. 3. Ba_ _c impoundment Charges hav- boen increased by Ordinance No. 155 which amends Ordinance No. 138 in the following manner: .. a. First impoundment- $7 .00; b. Second impoundment within 12 months - $10.00; c. Third and successive impoundments within 12 months $20.00. The above represents the major changes of the previous Ordinance and of which you should be aware. Of course, the main accomplish- ment is the adoption of the enforcement procedure by the issuing of Dog Control Citations . See Section 15 of Ordinance No. 138. I have enclosed a copy 'of -ordinance No. - 138 and as amended by Ordinance No. 144 and Ordinance No. 155. Washington County intends to presently continue its service with your city, but wishes to advise that your city ordinance should be revised or a new ordinance adopted to reflect Washington County Ordinance No. 138. The most important aspect in revising your ordinance is to provide for the writing of Uniform Dog Citations and to include the . new fees for the licensing and impoundment of dogs. I have enclosed a copy of the City of Beaverton' s Dog Control Ordinance which has adopted Washington County Ordinance No. 138. Perhaps it can be an aid in revising your city ordinance. Also, I have enclosed a Uniform Dog Control Citation. If and when your city ordinance reflects Ordinance No. .138 of Washington County, a new contract will need to be entered into between the city and the county. I. have enclosed a form contract which your city may enter into. If the contract is suitable, please sign the original contract .and. two copies .and mail the same to me for signing by the. Washington County Board of Commissioners. In conclusion, the following should transpire: 1. Amend or adopt a new City Dog Control Ordinance reflecting Ordinance No. 138. (You may wish to repeal all previous ordinances) _ 2. Enter into a new agreement with Washington County-. using the form contract and providing me with a signed original and two signed copies. 3. Attach said city ordinance as Exhibit "A" to the agreement. 4 After the above is received .by my office, the Board of County Commissioners shall sign the agreement. Hopefully, the above may. be accomplished soon .after the , first of the year. I intend to have the term of the agreement to commence January 1, 1975. ' I loot, fc.ward to receiving .the a.jo%,,.-discussed agreement and ordinance from you in the near future. I thank you in advance for your cooperation in this matter .and if you have any:,questions 'or my letter needs clarifying, please do not hesitate to call. My telephone number is 640-3542. Ve y truly yours, Gregory S. Hathaway Assistant County Counsel GSH/s c Enclosures i 4 : CITY OF TIGARD, OREGON ORDINANCE . NO. ?I AN ORDINA�JCE PJ4EkiDING SECTION 5(B) of ORDINANCE 14-0 .. 71-1 (Dog Control Ordinance) INCREASING THE DOG LICENSE FEE FROh1I .00 TO $5 .00 , PRESCRIBING Ali EFFECTIVE DATE AND DFCi1ARING AN EIERGENCY THE CITY OF TIGARD ORDAINS AS -FOLLOWS : Section 1: That Section 5 (Ii) of Ordinance No. 71-1 enacted by the City Council of the City of `:'i Bard on Ja.uary il, 1971, be , and the same is hereby amended, to read as follows : Section 5.. Licensing of Dogs . B. A doer, license fee of �5 . 00 s_'iall be charged for each doh,. iiis tee is due and pay able on application for a do_ license . Tile li dense fee shall rot c.e pro-rated `'or an-y �:-art of ai-l.y calendar ,year; p:ovi eci wrever, t t any ac,-- oc i e d anti usec. by a t lind �'erson ee.r. ;t from the 21.se f ee °yi. _ le so ownea and r;ut is not exempt L`ro !,ein 1i R�,.1seJ or fro , ,'.r::; r r'e,; rate. es. in- - n- noculat ion. Section 2 riat i riasm�,ch as c,ur Iua o the !lance -- 7l- t ;e Cit;, o, :'i.; >r•. :as !;er .. .�r. e;:ec, -e, an 3` eerfie d11t1: in, tor Ul.:n�-y re,,c,n iiT:: i'v'I' ;!?e r;, performance u _ certain ion roti of Lerv:_c� a i a h r:, ;t.:;r county , ire;.,cr , in C:e'cai.i' od' t1e amity , :;y tyle tern? c . :'^_. it is rer,ui.:r°ed tlat the City enact } / ;`: _ ,r:lir a n c e s from 1 :�c -c o� amenu it s„ . r�; �sr time to tiri:e as nieces:ary to keep, t1hes:;,.i:*t cr, ::.;tent Zeit:': the C:o;ulty ' s czc�- r.crlcro l ordinance: , an,,` i a.. .ec,essar;y� ^: t 1e i�ealth, Peace and: surety of the reople of tic: -y . .. c 1 �r i t:;ere be continuity a*<-i consistency e ao :; gar,+trot re;-,ua. a':':c,ns' of th,e County aria ti,ose of tine c.;i. o l ira an er errency is nereby declared tc ex . t and ' ti ffs' ord r:aYlce shall_ c:a-. t 'sect upon its passa:fie try the Council and a.eipa oval =%r P1.1 SLt). �;� t.. _ Counc— , un�7u-::1mG'.15 VCt _ :'7 ..i COLU1C-1 �e iiJers r?reser:t , after �be read three tw :e:i riurr:c;� r an, Little CT!1�y , tril:: 77�_1c:', Q i'___ 1�L'Cemb.er'_____.. � ;�• r doff°;lei - Cit ; 1i Li T_i r'rh'J•vr, : : t}Y t ; . , r , � 27 it c,:. �...._--- - t - i . January 14, 1971 Fir. Richard Milbrodt Washington County Ad-minis trative Officer Washington County Court House Hillsboro, Oregon, 97123 Dear Dick, Enclosed are two .executed ies o e• agte.ement be tween the City of Tigard a. .-Wash' on County for. dvgcon_ :wj_services, Also e for your reference is the, City of Tigar °` end rdinance. paralleling the county's revis. r. ce the same matter. Sincerelyt . S:tePi�en �I. �el fer City. Administrator smtldli _ EXHIBIT A CITY OF TIGARD,, Wit` ORDINANCE No.7V. AN ORDINANCE PROVIDING. FOR--VMCONTROL OF DOGS WITHIN THE CITY; AUTHORIZING THE EXECUTION OF A CONTRACT. VIM VUHINOM-1- . EMPOWERING THE COUNTY'S DOG CONTROL DIVISIOW AND-DEP°AA'P R' OF •PSC. ' _-W ENFORCE THE PROVISIONS HEREOF; LICENSING AND VACCIN- ` ATION OF DOGS; -PRESCRIBING PWCEDURES FOR THR IMPOWDHOITO REDENMON* j SALE AND DISPOSAL OF DOGS; PROVIDING _FOR. DISPOSITICH OF PM- AND CHARGES TO BE COLLECTED BY WASHINGTON COUNTY; PROVIDING .FOR HANDLING OF. CLAIMS FOR LIVESTOCK LOSS CAUSED. BY NARAVOTNO DOGS' PMSCRM333G PENALTIES; REPEALING ORDINANCES No. 68-42 .and No. P'RE<SCRIBINO EFFECTIVE DATE AND DECLARING AN E11ERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: This Ordinance shall be known and may be referred to in all proceedings as the "CITY. OF TIGARD DOG .CONTHOL ORDINANCE OF 1971." Section 2: Definitions. As used in this ordinance, the following words and phrases, unless the context otherwise requires, , shall mean: 1. Dn. Any animAl of the canine family. 2. Dog_ License . That license required to be issued. annually . for each individual dog pursuant to the provisions of this Ordinance. 3. Kennel, Any person engaged in the business of dealing in commerce., breeding or exhibiting of dogs. 4. Dangerous or Vicious Dog. Any dog having, due to its- SIZe, nature or other characteristics, a disposition or propensity- to do an act harmful in its. character, to. human beings or animals, regardless of whether done in a playful or hostile manner. 5. Livestock. Cattle, horses, sheep, goats, swine, turkeys, chickens and any fur-bearing animal bred and maintained, commercially or. otherwlsee Owner. An person who keeps, has custody of, possesses,. 6. y • harbors or exercises control over a dog, with t. the exception of veterinary hospitals, kennels and pet shnp9 as defined in this ordinance. 7. Person. An individual, a partnership, company, associ- ations corporation, or any other legal entity. 1 8. Pet Shop. Any person regularly engaged in the business of breeding, buying or selling animals of any species. ' Page 1 - ORDINANCE No. 7'1- 9. "Dog Running at Large. " A dog off or outside the premises of the-owner, not restrained by a rope, line, leash, chain or other similar means, or not under the immediate control, restraint, or command of an owner there- of. If a dog i's .not restrained by a tether of. some kind, is not at .heel or. not a working -dog in the Pielthat dog be deemed "at large 10. "Small Animal Shelter'".."`'ThiN 'fa' ility by that name, built, k:7 and maintained by Washington County, AOregon. .,a 11. "Veterinarian". A practicing one licensed pursuant to. the laws of the State. of Oregon to perform any of the acts set forth 'in ORS 6$6.04.0. 12. "Veterinar Hospital". Any business establishment Maintained: ' and operated by .a veterinarian w4ich is operated for the diagnosis and treatment of diseases or injuries of animals. 13. "Dog Control Division". Means the Division of Washington ,3. County government authorized to exercise the control of dogs as prescribed by .this ordinance. 14. ','Dog Control Officer". An authorized officer of Washington ounty, Oregon, .acting under authority of agreement with the City of Tigard pursuant to the provisions of this Ordinance. Section 3: Powers and Duties of Dog ontrol Officers. When acting pursuant to agreement with he City o Tigard,the duties and powers of the Department of Public Health of Washington County and the Dog Control Officers of Washington County shall be as follows : - (a) To have police power in. the enforcement of all provisions Of this ordinance relating to the licensing and -impounding of dogs. (b) To maintain and keep a small animal shelter or other place . where all dogs subject to impoundment may be kept and held safely and provided with proper and sufficient food and water. (c) To .impound and keep safely any dog which is found doin4 any ' of the activities set forth in Section 4 of this ordinance, apparently abaondoned or as required by the Department of Health of Waabington County. (d) To issue citations and complaints within appropriate auris- dictions,- appear as witnesses and to perform all other acts necessary for the enforcement of this ordinance. r` (e). To receive any costs and charges hereinafter provided in this ordinance. (f) To investigate reports of biting dogs as hereinafter set forth in this ordinance. (g) To investigate livestock claims made .pursuant to Section 10 of this ordinance. Page 2 - ORDINANCE No-71- 1 Section 4: Prohibited Activities: It shall be unlawful for any person: (a) To interfere with, hinder, molest '.or abuse a Dog Control Officer in the exercise of his duties. * (b) To be the owner of a. +" m&Ach he fails to prevent from running. at large . (c) To be the owner of a dangerous -or vicious dog. (d) To be the owner of a dog which he. fails to prevent from running through or across cultivated yards, gardens or fields, or whether or not under the control of the owner. (e) To be the owner of a dog which he fails to prevent from disturbing the public peace by: 1. molesting passers-by 2 . chasing vehicles 3, habitually attacking other animals 4. travelling .upon school grounds, public parks, public game refugee, public watershed areas 5 . trespassing upon private property in such a manner to damage that property. (f) To be the owner of a dog,affected with a contagious disease,which runs at large or is exposed in any public place whereby the health of man or beast may be affected, except that such dog may be removed from the premises of the owner or other person by a veterinarian, dog control or police officer, or by any person supervised by the Department of Health of Washington County. (g) To be the owner of any dog for which he has failed to pro-. cure or display a dog license, if such license be required under Section 5 of this ordinance. Section 5 : Licensing of Dogs. A' Any person owning a dog which has permanent canine teeth. shall procure a license for each such dog in each calendar year, or - any part thereof. Sucp license shall be procured not later than March 1, in any year, or within thirty (30) days after the day upon which a dog with permanent canine teeth is brought by the owner into the City of Tigard; thereafter each such dog shall be licensed on a calendar basis from year to year. The Dog Control Division shall keep a numbered record of such licenses, and shall include informa- tion as. to sex and breed of the dog and the name and address of the owner; provided, however, that this section shall not apply to non- resident dog owners, living outside the City of Tigard, if dogs of such owners are not kept within the City in excess of 30 days and if such dogs are kept at all times under restraint by the owner. B. A dog license fee of $4.'00 shall becharged for each dog. This fee is due and payable on application for a dog license.. The license fee shall not be pro-rated for any part of any calendar year;. provided, however, that any dog owned and used by a blind person is exempt from the license fee while so owned and used, but is not exempt from being licensed or from any required rabies innoculation. Page 3 - ORDINANCE No-7jr-, C. Any kennel or- pet shop, ei�thcor�sewhich its , do possesses, businesscg$o1s, owns, keeps or has custody of, in th with permanent canine teeth, may pay an annual license fee of twenty- five dollars ($25.00) . Such fee shall be in lieu of all individual dog license fees imposed upon such dogs owned by such kennel or pet shop. to dogs with permanent .canine This section shall not apply teeth which are the personal property of another person boarded or otherwise similarly kept by such kennel or pet shop. D. It shall be the duty of the owner of any dog with permanent canine teeth kept in the City of Tigard to have that dog innoculated against rabies and no license shall be issued for any dog, unless the applicant exhibits a certificate of innoculation byaveterinarians, or, in the case of dogs owned by a kennel or pet shop, astatement such innoculation, signed and sworn to by the owner of that kennel or pet . shop. The certificate of innoculation or sworn statement must demonstrate that the vaccination is valid for immunity against rabies. for the entire period for which the license is. issued. However, if a a dog which veterinarian certifies to some physical ceriod, no innoculation shall would prevent such innoculation for any p be required for that period and a license may be issued for that dog. E. Any owner failing to procure or pay for a license as re- quired by this ordinance in any year shall pay a delinquent penalty for such failure in the sum of two dollars ($2..�0)-,for each dog, pro- vided that in the case of a kennel or pet shop owner, either of which is subject to Subsection C of this section, the failure to procure a valid license as required by that subsection shall subject the pet shop or kennel to a delinquent license penalty of two. dollars ($29.00), for each dog. In every case such penalties shall be in addition to the regular license fees and shall be paid at the time of issuance of the license or licenses. F. If a license tag be lost, the owner may secure a duplicate licence tag, or in the case of kennels or pet shops, a license cer t-ificate, from the Dog Control .Division upon satisfactory proof loss and payment in the sum of two dollars ($20 0 G-. Upon issuance of a dog license, the Dog Control Division shall issue to the owner a metallic or durable plastic license tag, stamped with an identifying number and with the year of issuance of the license and so designed that it may be: conveniently fastened to. a dog collar or harness. Such tag .shall be fastened to the dog's collar or harness by the owner and shall be worn at all times when the dog is. not on the premises of the owner. The Dog Control Division numbers and which shall shall maintain a record of the identifying be available to the public at all reasonable times. d in H. Licenses from other jthe nextili a sing periodhall be iyear ifesuch y of Tigard until January 1st of the next licensing P license requires innoculation against rabies until that date. r Section 6 . IMPOUNDMENT AND DISPOSITION OF IMPOUNDED DOGS. Whenever any dog is found performing any of the activities A. � person enumerated in Section 4 of this ordinance, prof s bitten owner or or animal, a dog control officer, any police b delivering the dog to private person may impound it immediately y the Small Animal Shelter of Washington County.. Page 4 - ORDINANCE No.7 1-__,1_._ B. Any impounded dog, which by reason of injury, disease or other cause , is suffering great pain or is dangerous to keep impounded, may be destroyed forthwith. The Dog Control Division may request a veterinarian to certify to this fact in writing before such immediate destruction is undertaken. C. The Dog Control Division shall keep any dog impounded or delivered to the Dog Control Division for disposal, or as otherwise provided in this ordinance, for the period of time hereinafter speci- . fied, and shall dispose of dogs in accordance with the following pro- visions.: 1. Redemption, Destruction- or Sale .of Unlicensed Dogs. Unless an unlicensed dog is 'redeemed by his owner, g within five (5) days after impoundment in a manner consistent with Subsection D of this section, the dog may be destroyed or sold in a manner consistent with Subsection D of thia section. 2. Redemption, Destruction or Sale of Licensed Dogs. Unless a dog which evidences a license by Washington County or any other authorized governmental entity, is redeemed within seven (7) days after notice of impoundment is mailed, such dog may be destroyed or sold in the manner prescribed by Subsection D of this section. Notice of impoundment shall be given by deposit in the United States Mail within five (5) days after impoundment of a certified and postage prepaid letter ad- dressed to the person purchasing the .license for the dog, advis- ing that person that the dog has been impounded and the place where the dog is kept and the procedures required for redemption. If the dog be sold to someone other than the owner, a new license must be purchased, but no new innoculation will be required for the balance of the current licensing period. 3. Sale or Destruction of Unwanted Dogs . Any dog given to the Dog Control Division by the owner ' thereof for disposal, may be destroyed or sold in a manner con- sistent with Subsection D of this section, provided that a release by the owner or his authorized representative must be given in writing to the Dog Control Division if a dog is to be destroyed, within 5 days, except as provided in Subsection B of this section. D. A dog may be redeemed or sold only if the following quali- fications be met : 1. That the dog is in good health and free from disease 2 . That the dog is neither dangerous nor vicious 3. That if the dog be sold, that the purchaser pay prior to sale, the basic impoundment fee 4. That if the dog be redeemed, that the impoundment charges and fees , as applicable, be paid prior to release of the dog; provided that the owner must supply proof of ownership. If the dog be licensed, a current license shall be prima facie proof of ownership. 5 . That the dog be immunized against rabies within Page 5 - ORDINANCE No.7`1._J_ 1 thirty (30) days after redemption or sale unless the dog lacks permanent canine teeth at the end of said 30 days or there is proof that the dog has 'a rabies vaccination valid for the current licensing period. 9 6. That the 'dog be licensed within thirty (30) days after redemption or sale unless that dog lacks permanent canine teeth at the end of said 30 days. E. Any dog sold by the Dog Control Division may, be returned within thirty (30) days after purchase in exchange for another dog which qualifies for sale. Such exchange shall be free of any further impoundment fee. ? F. The Small Animal Shelter shall be, open at reasonable times to the public, as the Board of Washington County Commissioners may determine. Such times shall be posted at the Small Animal Shelter. G. The following schedule of charges shall be imposed for 1 release of an impounded dog, a dog redeemed by, its owner, or purchased p dog: ' 1. Basic Impoundment Charge . . . . . $5.00 2. In addition to the basic impoundment charge, an additional charge of Two Dollars ($2,00) per day, or fraction thereof, shall' be IAVied on an owner redeeming a dog. Section 7 : DISPOSITION 'OF LICENSE FEES IMPOUNDMENT CHARGES, DELINQUENT L CEN E PENALTIES. PRONMFROM A OF DOGS AND ALL OTHER MONEib Atoll FEES FAIR iv tn� DOG CONTROL DIVISION. All sums representing license fees, delinquent license pen- alties, proceeds from the sale of dogs, impoundment charges and all other moneis and fees paid to or received by the Dog Control Division of Washington County pursuant to this ordinance, shall be the propetty of Washington County, Oregon and shall be kept and retained by Wash- ington County and administered as part of the Dog Fund of Washington County Section 8: REVOCATION OF KENNEL OR PET SHOP LICENSE. The Board of Washington County Commissioners, acting pursuant to authority herein contained and pursuant to contract with the City of Tigard, may, after a hearing and opportunity to be heard, revoke any kennel or- pet shop dog license if the person holding such license refuses or fails to comply with this ordinance, or any -other stateor local law regarding the keeping of dogs. Any person whose license is revoked shall, within ten (10) days, humanely dispose of all dogs . owned by him. No part of the license fee shall be refunded in such case.' It shall be a condition of the issuance of any dog license to any kennel or pet shop that dog control officers shall be permitted to inspect all dogs and the premises where such dogs are kept at any reasonable time and the Board of County Commissioners may.,,, if per- mission for such inspection is refused, revoke the permit of the re- fusing owner. A copy of this section shall appear on the application for all licenses set forth in Subsection C of Section 5• Review of the Board's actions shall be solely and exclusive by Writ of Review as provided in ORS 34.010 through 34.100. Page 6 - ORDINANCE No-71- 1 S •i MILL AL j Section 9: BITING DOGS TO BE REFORM AND. QUARANTMD. A. The owner of a dog which bites a human being shall notify the Department of Public Health of Washington County immediately of such bite, giving the name and address of the person bitten, if known to him, and shall abide by the quarantine instructions given by the Department of Health of Washington County. a B. Any person who is bitten by a dog shall forthwith notify the Department of Health of Washington County of such bite, giving a �! description of the dog and the name and address of the owner, if known to him. C. When a doctor, veterinarian or hospital has i formation that a person has been bitten by a dog, such person or hospital shall forthwith notify the Washington County Department of Public Health. D. The Board of Commissioners of Washington' County may promul- gate rules and regulations requiring the owner of a dog that has bitten a person to quarantine said dog for a period of time that is necessary to determine whether the dog has rabies. During quarantine, the dog shall be securely confined and kept from contact with any i other animal or human, except persons authorized by the Washington County Department of Public Health as it deems necessary for the pro- tection of public health, safety and welfare. Such quarantine may be on the premises of the owner or other suitable place . If the Wash- ington County Department of Public Health requires other confinement, the owner shall surrender the animal for the quarantine period, which. shall in no event exceed ten (10) days; said quarantine to be passed in impoundment at the Small Animal Shelter, or the owner shall, at his own expense, quarantine the dog at a veterinary hospital. Section 10 : CLAIMS FOR LIVESTOCK KILLED BY DOGS. A. The owner of any livestock killed by any dog may, within five (5) days after the killing occurs, or becomes known to. him, present to the Board of County Commissioners of Washington County, Oregon, a verified statement containing a full account of such killing$ stating in detail the amount of damage claimed on account thereof, and the name and address of .the owner or custodian of the dog, if his name is known, as well as any insurance claim the owner may have in this regard. The claim shall be supported by the affidavit of at least one disinterested person as to all material facts as to damages contained therein. B. All claims presented as provided in Subsection A of this section shall be considered by the Board of County Commissioners. The Board may allow a claim or any portion thereof that it deems just and reasonable, shall file and enter of record the value of livestock killed, and order a voucher drawn in payment thereof.. If it deems the claim unjust , it shall disallow it and enter such fact upon record. No claim shall be allowed where it appears that the injury or damage complained of is caused by a dog owned by the claimant or his agent, nor for any amount for which the claimant is insured. C. In each case where a claim made for livestock killed has been paid by the Board of County Commissioners for Washington County, Oregon, the said Board shall be subrogated to all rights of the owner of the livestock killed against the owner of the dog for the amount of claim actually paid by the Board of County Commissioners. The County Counsel of Washington County shall proceed promptly, in a law- Page 7 - ORDINANCE No-71-1_ ful way, to collect on said claim. Any money so collected shall be. paid immediately to the Director of Finanee and Administrative n�Kanf. agement of Washington County, Oregon. As a condition of payme any claim, the claimant. must cooperate in any proceeding by Washing- ton County to recover a subrogated claim. r, Section 11. CONTRACT WITH WASHINGTON CQUNTY Q�aON FOR OONTR4L w OF DOG WI C Pursuant to §190.010 Oregon .Revised Statutes, the City Council of Tigard does hereby direct the City Administrator to naV- tiate a contract for dog control services in accordance Oregon for the ith he terms and provisions hereof with Washington County., of dogs within the City and to submit saitivenwith the tract rratification n by the. City Countil of Tigard, and, fec of said contract, all authorities, duties and responsibilities- relative to the control of dogs hereunder ontrolnd otherwise as DDivision of WashingtondCountYs, Oregon., shall be vested in the g Section 12. SEPARABILITY CLAUSE. If any title , section, subsection, phrase, clause, sentence , or word of this ordinance shall for any reason be held invalid or un of constitutional by a court of competent Jurisdiction, this ordinance shall not be affected thereby and shall remain in full force and effect . Section 13. PENALTIES. A. Upon conviction of any person for vibl ation of any provision TW of this ordinance, he shall be punished isonment inn thefCountyoJailhnot mre foro Hundred Dollars ($200.00) or byor by both such fine and imprisonment. not more than sixty (60) days, B. Each day any person shall be in violation of this ordinance,. shall be deemed a separate offense and violation thereof. C. In addition to any penalty imposed as poundmentiandudestrue- tion A of this section, a court may order the tion of any dog -found to be dangerous or vicious. D. Any person who has been convicted of a violation of this hicte.d ordinance and who is found by a court to have been formerly or 68-81 of- any violation of this ordinance or of Ordinance No. be pun- ished the two yofrnotpreceding thanthe Fivedate Hundred Dollars� ($500..00) and. by a fine Jail for not more than ninety (90) days. imprisonment in the County Section 14: REPEALER. That Ordinance No. 68-42 (City. of Tigard Dog Control Ordi- nance � of 1968) and Ordinance No. 68-81 being an amendment thereto, be, and the same are, hereby rep ea Section : EMERGENCY CLAUSE. Inasmuch as Washington County has heretofore performed dog control services for the City of Tigard pursuant to agreement, and Page 8 - ORDINANCE No.i'l-- 1 _. 2 ' g�� x r+.Y'.k• ,ytt Kqw, ...----mrs�f .4.iC!xv._ ..,a"' ^i.: `' < '`.5 i-, -2. •'f• _ fc d tA 3 has notified the City that continuance of such services on and after January 1, 1971 is dependent upon the adoption of new provisions for dog control as herein set forth, and it is necessary for the peace, health and safety of the people of the City of Tigard that 'there be continuity of dog. control jurisdiction and procedures, an emergency is hereby declared to exist and this ordinance shall be effective upon its adoption by the Council and approval- by the Mayor in order that the City may negotiate a new contract with Washington County not later than December 31, 1970.. J PASSED: By the Council, by unanimous vote of all Council members present , after being read three times by number and title only , this Ifth day of Recorder - City of d APPROVED: By the Mayor, this 11th day ofahuary; ��� • M or - C ty o -Tigard L Page 9 - ORDINANCE No-7",- l w 3 WASHINGTON COUNTY COURTHOUSE—SECOND & MAIN STREETS oA HILLSBORO, OREGON 97123 BOARD OF COMMISSIONERS ELDON ROUT, Choir_mon RICHARD D. ROBERTS, County Counsel JOHN C. ANICKER ROOM 311 LYELL GARDNER (503).648-8756 WILLIAM MASTERS BURTON WILSON, Jr. March 19, 1969 Rece:j /zp.. Mr. Stephen M. Telfer MAR 21 1969 Cit Administrator City of Tigard CITY OF TIGARD 12420 S. W. Main Street Tigard, Oregon 97223 Dear Mr. Telfer: We are presently in the process of revising the citation form for use in the enforcement of the Animal Control ordinances. You will be interested. to know that we are changing the terminology appearing on the back of the citation. It will read that the court "may" issue a warrant for failure to make a court appearance. Very truly yours, lard D. Roberts County Counsel RDR:nw 0111 a WASHINGTON COUNTY 3 < COURTHOUSE—SECOND & MAIN STREETS RE t► HILLSBORO, OREGON 97123 BOARD OF COMMISSIONERS ELDON HOLT, Chairman RICHARD D. ROBERTS, County Counsel JOHN C. ANICKER ROOM 311 LYELL GARDNER (503) 648-8756. WILLIAM MASTERS BURTON, WILSON, Jr. January 16, 1969 Mr. Stephen M. Telfer City Administrator 12420 S. W. Main Street Tigard, Oregon 97223 Dear Mr. Telfer: Pursuant to our recent telephone conversation, I am enclosing herewith copies of the citation forms used , in connection with the violation of the dog ordinance. The white copy is filed with the complaint in the proper court, the pink copy is retained by the Animal Control, and the buff copy is given to the violator. You will note that the reverse side of the buff copy contains a Bail Schedule. I believe these figures are used as the basis for the fines levied. Thank you for your letter of the 7th. I am looking forward to my work in Washington County, and if there are any matters concerning the county on which I may be of assistance to you, please do not hesitate to call upon me. Very truly yours, chard D. Roberts -County Counsel RDR:nw Enc. RECEIVE® JAN 2 0 1969 CITY OF TIGARD WASHINGTO �C�gNTY, OREGON Washingto Runty Dog Control CITATION TO VIOLATOR Date Owner or,Keeper Address Phone You are hereby cited to appear in Q District . ❑Justice Municipal Court located in:- In violation of the . name of jurisdiction animal control ordinance. Violation Time: Breed of Dog Color Sex License No: Time set to appear: A.M. On the Day of ,19_, at P.M. Washington County Dog Control Officer January 38, 1969 Mr. Richard D. Roberts County Council Room 311 Washington County Court House Hillsboro, Oregon 97123 . Dear Mr. Roberts: I have reviewed the citation for offenders of the City of ' Tigard's Dog Control Ordinance with Judge Poole of our Municipal Court. He likes the system and -feels it will work nicely for .enforeement of the Ordinance within the Tigard city limits. . . He is concerned, however, about one sentence on .the back of Dthe yellow copy indicating that the court will issues a warrant for your arrest if you fail to appear in court . Judge Poole feels this unduly restricts the court by requiring that a warrant be issued upon .failure to appear. Be would like to have that word changed to "may" so that it becomes permissive. I would think that rather.- than reprinting the citation forms, the Dog Control officer could cross out the word will and write in the.word "may" above: it. may. I have your .feeirngs in this regard. very sincerely. yours, Stephen n4. Telfer City Administrator SM/'dl \`\\\\Iltl iii•tl(((('' - . M� Wai4ing to� °� •�sts�2� 0'eqon JOHN C. ANICKER, CHAIRMAN OP; '.to ELDON HOUT, COMMISSIONER = m: _.; ,. WILLIAM.MASTERS, COMMISSIONER � % -. Yg. % = RICHARD MILBRODT CLAYTON NYBERG, COMMISSIONER COUNTY ADMIN.ISTRATOR BURTON C. WILSON JR., COMMISSIONER November 13, 1968 Mr. Stephen Telfer, City Manager Tigard City Hall RECEt1VED 12420 S. W. Main 15 1968 Tigard, Oregon Nov Dear Mr. Telfer: CITY OF TIGARD Attached is a. copy of the ordinance affecting dog control which has been adopted by the voters of Washington County and applies to the unincorporated area. Also attached is a form of agreement which is needed for any city that elects to adopt the county ordinance and permit the county to enforce it within the city limits. Time is rapidly running out on this subject because we are preparing now for the sale of dog licenses for 1969. Unless we know that your city will execute this agreement before the end of November, we will not be able to administer the dog ordinance within the city limits. I would respectfully urge your City Council to adopt this ordinance and agreement as soon as possible. If you need any more explanation on this matter at the time of presenting it to your City Council, please do not hesitate to let me know, and I will see to it that someone is there from our Health Department. Incidentally, you should know that all of the cities in the county except Tigard, Banks, Sherwood, . and Gaston have executed this agreement and adopted a companion ordinance to the county's. Very truly yours, Richard Milbrodt, Washington County Administrative Officer RM/lw cc: Harry Kemp, Health Department •. '�" o ��i��ria ' r J aJhingt ` ' :R Ul F ' �•'••• Oregon JOHN C_ ANICKER, CHAIRMAN ELDON HOUT, COMMISSIONER •• : :tth OFFICE OF THE COUNTY COUNSEL WILLIAM MASTERS, COMMISSIONER = _ CLAYTON NYBERG, COMMISSIONER % £ '. ^"^°_ '2 i ROOM 311 BURTON C. WILSON JR., COMMISSIONER :,s�IL' . . REQ,; TELEPHONE 648-1111 EXT. 215 '��'��rpM COU►` t���� . November 6, 1968 Mr. Fred Anderson Attorney at Law 8865 S. W. Center Tigard, Oregon Dear Fred: I am enclosing herewith copy of a proposed uniform complaint form to be used for the prosecution of all violations of the Dog Control Ordinance which occur within a city. It would appear to me that these city complaints should be prepared by this office and have the Dog Control officer sign them before the proper city official rather than have each city prepare their own complaints. Would you please review the form of this proposed uniform complaint and advise me if you have any objections or suggestions for improvement, in addition to your comments respecting the feasibility of having this office prepare the complaints. Very truly yours, Ray D Robinett . County Counsel RDR:nw Encs. 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