Ordinance No. 71-01 CITY OF TIGARD, OREGON
ORDINANCE No.71
AN ORDINANCE PROVIDING FOR THE CONTROL_ OF DOGS WITHIN THE
CITY; AUTHORIZING THE EXECUTION OF A C.QNTRACT WITH WASHINGTON COUNTYEMPOWERING THE COUNTY'S DOG CONTROL DIVISION AND DEPARTMENT OF PUBLIC
HEALMI , 0 ENFORCE THE PROVISIONS HEREOF; IREQUIRING LICENSING AND VACCIN-
ATION OF DOGS; PRESCRIBING PROCEDURES FOR THE IMPOUNYMENT, REDEMPTION,
SALE ARID DISPOSAL OF DOGS; PROVIDING FOS 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; UPFALING ()RDINANCES No. 68-42 and No.._6$r81-;_-PRESCRIBING
EFFECTIVE DATE hNn DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section l: This ord4nance shall be knc,wn and may be referred to in
all proceedings as the "CITY OI' TIGARD DOG CONTROL
ORDINANCE OF 1971-11
Section 2: Definitions. As used in this ordinance, the following
words and phrases, unless the context otherwise requires,
shall mean:
1. DoK., Any animal of the canine family.
2. l;og 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 com.rerce, breeding or exhibiting of dogs.
U. Dane<ous cr iuus_Do Any dog havirg, due to its size,
nature Ti 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 otherwise.
6 Owner. Any parson who keeps, has custody Of, possesses,
h. narbors or exercises control over a dog, with
the exception of veterinary hospitals, kennels and pet shops
as defined in this ordinance.
ridual, a partnership, company, associ-
7. Person. An indi
A. ation, corporation, or any other legal entity.
8, Pet Shop. Any person regularly engaged in the business of
breeding, huyirg or selling animals of any
species.
ORDINANCE No. 7'1-
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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
uuc uiatG control, restraint, Or command of an owner there-
of.
If a dog is not restrained by a tether of some kind,
is not at heel or not a worlting dog in the field, that dog
Shall be deemed "at large".
10. "Small Animal Shelter", The facility by that name, built,
Oregon, and maintained by Washington County,
11. "Veterinarian". A practicing one licensed pursuant to the
laws of the State of Oregon to perform
any of the acts set forth in OHS 6$6.040.
12. "Veterinary Hospital". Any business establishment maintained
and operated by a veterinarian
which is operated for the diagnosis and treatment of diseases
or injuries of animals.
13. "Dog Control Division", Means the Division of Washington
County government authorized to exercise
the control of dogs as prescribed by this ordinance.
14. "Dog Control Officer". An authorized officer of Washington
County, Oregon, acting under authority of
agreement with the City of Tigard pursuant to the provisions
of this Ordinance.
Section 3: Powers and Duties of Dag Control Officers. When acting
pursuant to agreement with the Oity of 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 doing any
of the activities set forth in Section 4 of this ordinance, apparently
abaondoned or as required by the Department of Hea?,th of Washington
County.
(d) To issue citations and complaints within appropriate juris-
dictions, appear as witnesses and to perform all other acts necessary
for the enforcement cf this ordinance.
(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.
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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 dog which 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, as
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 refuges, 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: Licensingof 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. Such 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 na me 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 3n excess of 30 days and if
such dogs are kept at all timea under restraint by the owner.
B. A dog license fee of $4.00 shall be charged 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 beim; licensed or from any required rabies innoculation.
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C. Any kennel or pet shop, either of which possesses, controls,
owns, keeps or has custody of, in the course of its business, dogs
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
doh; license fees imposed upon such dogs owned by such kennel or pet
shop.
This section shall not apply to dogs with permanent, canine
teeth which are the persor_al property of another person boarded or
otherwise similarly kepi; b;; 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 by a veterinarian,
or, in the case of dogs owned by a kennel or pet shop, a statement of
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 thQ vaccination is valid for immunity against rabies
for the entire period for which the license is issued. However, if a
veterinarian certifies to some physical condition of a dog which
would prevent such innoculation for any period, no innoculation shall
be required for that period and a license may be issued for that dog.
E. Any owner failing to procure ov pay for a license as re-
quired by this or-dinasice in any year shall pay a delinquent penalty
for such failure in the s»m of two dollars ($2.00);for each dog, pro--
vided that in the case of a kennel or pet shop owner, either of which
is subject to Subsection 0 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 ($2,00)
for each deg. 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 az° pet shops, a license cer-
tificate, from the Dog Control Division upon, satisfactory proof Of
loss and payment in the sum of two dollars ($2,00),
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
shall maintain a record of the identifying numbers and which shall
be available to the public at all reasonable times,
H. Licenses from other° jurisdictions shall be valid in the City
of Tigard until January lst of the next licensing period year if such
License requires innaeulatlon against rabies until that date.
Section 6• .IMPOUNDMENT AND DDISPOSITION OF IMPOUNDED DOGS.
A. Whenever any dog is found performing any of the activities
enumerated in Section 14 of this ordinance, or has bitten any person
or animal, a dog control officer, any police officer, any owner or
private person may impound it immediately by delivering the dog to
the Small Animal Shelter cf Washington County.
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B. Any impounded dog, which by .reason of injury, disease or
other cause, is suffering great pain or is dangerous to seep impounded,
may be destroyed forthwith. The Dog Control Division may request a
veterinarian to certify to thi.a fact in writing before such immediate
destruction is undertaken.
,
C. The Dog Control Division shall keep any dog impounded or
delivered to the Dog Cont:ool 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 prc--
visions:
1. Redemption, Destr_uctio:t or Sale of Unlicensed Dogs.
Unless an unlirensed dog is redeemed by his owner.,
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 this
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 :Wanner prescribed by
Subsection D of this section. Notice of impoundment shall be
given by deposit in the United Sta.tee 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 ziericd.
3. Sale or Dertructicn 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 r-epresentative 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 ba*ic 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-_.L_
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.
6. That the dog be licensed within thirty (30) days E
after redemption or sale unless that dog lacks permanent
canine teeth at the end of said 30 days. s
E. Any dog sold by the Dcg Control Division may be returned
within thirty i30i days after purchase in exchange for another dog
which qualifies for sale. Such exchange shall be free of any further
Impoundment fee.
F. The Sinal! Animal Shelter shall be open at reasonable times
to the public, as the Board of Washington Count;; Commissioners may
determine. Such times shall be posted at the Small Animal Shelter.
G. The following schedule of charges shall be imposed for
release of an impounded dog, a dog redeemed by its owner, or purchased
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 levied
on an owner redeeming a dog.
Section 7: DISPOSITION OF LICENSE FEES, IMPOUNDMENT CHARGES,
DELTNCUEN1.'_ LICENSE PENALTIES PROCEEDS FROM BALL
OF DOGS, AND ALL OTHER MONEIS AND FEES PA D TO THE
DOG CONTROL DIVISION.
All sums representing license fees, delinquent license p::i-
alties, proceeds from the sale of dogs, impoundment charges and all
other moneis and fees paid to or received by the Dag Control Division
of Washington County pursuant to this ordinance, shall be the property
of Washington County, Oregon and shall to 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 state or
local law regarding the keeping of dogs, Any person whose license is
revoked shall, within ten (,D) days, humg
anely dispose of all dos
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 cony 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-
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Section 9: BITING DOGS TO BE REPORTED AND QUARANTINED,
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.
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 hasi'rsformatior, 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
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 jommissioners of Washington County,
Oregon, a verified statement containing a full account of such killing,
stating in detail the amount of damage claimed on accountthereof, 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 ComirLi.ssioners.
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 eachcasewhere 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 law-
Page 7 ORDINANCE No-7,1-_,L_
ful Bray, to collect on said claim. Any money so collected shall be
paid immediately to the Director of Finance and Administrative Man-
agement of Washington County, Oregon. As a condition of payment of
AM any claim, the claimant must cooperate in any proceeding by Washing-
ton County to recover a subrogated claim.
Section 11. CONTRACT WITH WASHINGTON COUNTY, OREGON FOR C_0_NTROL
Or' DOG> WI ...1i CITY GF TIGARD
Pursuant to §190.010 Oregon Revised Statutes, the City
Council of Tigard does hereby direct the City Administrator to nego-
tiate a contract for dog control services in accordance with the terms
and provisions hereof with Washington County, Oregon for the control
of dogs within the City and to submit said conteact for ratification
by the City Countil of Tigard, and, effective -with the ratification
of said contract, all authorities, duties and responsibilities relative
to the control of dogs hereunder and otherwise as provided by law,
shall be vested in the Dog Controt Division of Washington County, Oregon.
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-
constitutional by a court of competent jurisdiction, the remainder of
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 violation of any provision
of this ordinance, he shall be punished by a fine of not more than Two
Hundred Dollars ($200.00) or by imprisoiunent in the County Jail for
not more than sixty (60) days, or by both such fine and imprisonment.
B. Each day any person shall be in violation of this ordinance,
shall be deemed a separate offense and violation thereof.
C. In addition to any penalty imposed as provided in Subsec-
tion A of this section, a court may order the impoundment and destruc-
tion of any dog found to be dangerous or vicious.
D. Any person who has been convicted of a violation of this
ordinance and who is found by a court to have been formerly convicted
of any violation of this ordinance or of Ordinance No. 68-142 or 68-81
within the two years preceding the date of conviction, may be pun-
3shed by a fine of not more than rive Hundred Dollars (.$p500.00) and
imp.isonment in the County Jail for not more than ninety (90) days.
Section 14: REPEALER.
That Ordinance No. 68-142 (City of Tigard Dog Con¢rol Ordi-
nance of 1968) and Ordinance No. 68-$1 being an amendment thereto,
be, and the same are, hereby repealed.
and
Section 15: EMERGENCY CLAUSE.
" Inasmuch 2.s Washington County has heretofore performed dog
control services for the City. of Tigard pursuant to agreement, and
8 ORDINANCE NO-7:p-_l_
]J
77
has notified the City that continuance of such ;arvices 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
PASSED: By the Council, by unanimous vote of all Council members
present, after beim; read three times by ntmiber and title
only, this �j'th day of 3anua&y='r.137=l�
r
der-L
Cites of i a
Recorder-L-
V
APPROVED: By the idayor, this :11th day of Ja4i iary;
M
City g of M or
Page 9 ORDINANCE No.71- l___��_