Ordinance No. 75-04 1 CITY OF TIGARD, OREGON
2 ORDINANCE NO. 75 - 4
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¢ AN ORDINANCE PROVIDING FOR THE CONTROL OF DOGS WITHIN THE CITY;
AUTHORIZING THE EXECUTION OF A CONTRACT WITH WASHINGTON COUNTY
5 EMPOWERING THE COUNTY S DOC: CONTROL DIVISION AND DEPARTMENT OF
PUBLIC HEALTH TO ENFORCE THE PROVISIONS HEREOF REQUIRING ?•TC'FNS-
ING AND VACCINATION OF DOGS; PROVIDING FOR THE ISSUANCE OF
UNIFORM DOG CONTROL ORDINANCE, CITATIONS, LICENSE FEES AEDEMP-
q PENALTIES; PRESCRIBING PROCEDURES FOR THE IMPOUNDMENT,
TION, SALE AND DISPOSAL OF DOGS; PROVIDING FOR DISPOSITIONGOFOF ES
8 AND CHARGES TO BE COLLECTED BY WASHINGTON COUNTY;
CAUSED BY MARAUDING DOGS;
HANDLING OF CLAIMS FOR LIVESTOCK LOSS
9 PRESCRIBING PENALTIES; REPEALING ORDINANCES NOS. 71-1 AND 71-42;
PP.ESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY.
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13 THE CITY OF TIGARD ORDAINS AS FOLLOWS:
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is SECTION 1. PURPOSE AND PLEADING OF THIS ORDINANCE.
16 In order to protect the health, safety and welfare of the
17 residents and citizens of the' City ,of 'Tigard and to provide for con-
-1S trol and the protection of dogs therein, the Council of the City
19 of Tigard, Oregon, does hereby enact the following provisions which
20 may be referred to and pleaded as the "CITY OF TIGARD DOG CONTROL
21 ORDINANCE. "
22 SECTION 2. DEFINITIONS.
23 A. As used in this ordinance, unless the context requires
24 otherwise
25 1. "ANIMAL" means any mammal, bird, reptile or amphibian.
26 2. "BAIL" means money or its
equivalent deposited by a`
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1 defendant to secure his appearance in court for a
2 Dog Control Ordinance offense.
3 3. "DOG" means any mammal of the canine family.
4 4. "DOG LICENSE" means that license required to be issued
5 annually for each individual dog pursuant to the provisions
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6 of this ordinance.
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7 5. "HUMANE SOCIETY OFFICER" means an employee of the Oregon
8 Humane Society, Inc. , an Oregon non-profit corporation,
9 comm .ssioned as a special agent by the Governor' s Office
10 of the State of Oregon, for the purpose of prevention of
11 cruelty to animals and the enforcement of anti-cruelty
12 animal statutes.
13 6. "KENNEL" means the operation of any business or the
14 participation in any activity in which five (5) or more
15 dogs with permanent canine teeth or which are more than
16 six months of age are kept on the premises.
17 7. "DANGEROUS DOG" means any dog that has, due to the lack of
18 the exercise of proper and adequate supervision and
19 control by its owner, demonstrated a propensity to do an
20 act harmful in its character, to human beings or animals,
21 regardless of whether done in a playful or hostile manner.
22 8. "LIVESTOCK" means cattle, horses, sheep, goats, swine,
23 turkeys,, chickens, ducks, geese, and any fur-bearing
14 animal bred and maintained, commercially or otherwise.
25 9. "OWNER" means any person who keeps, hascustodyof,
26 possesses, harbors, or exercises control over a dog or
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I other animal with the exception of veterinary hospitals
2 and pet shops, as defined in this ordinance. In a family
3 situation, such person is presumed to be the head of the
4 household.
5 10. "PERSON" means an individual, a partnership, company,
6 association, corporation, or any other legal entity.
7 11. "PET SHOP" means any person regularly engaged in the
3 business of breeding, buying or selling animals of any
9 species.
10 12. "DOG RUNNING AT LARGE" means a dog off or outside the
11 premises of the owner, not restrained by a rope, line,
12 leash, chain, or other similar means, or not under the
13 immediate control, restraint, or command of an owner
14 thereof. If a dog is not restrained by a tether of some
15 kind, is not at heel or not a working dog in the field,
15 that dog shall be deemed "at large.
17 13. "SMALL ANIMAL SHELTER" means the facility by that name,
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built and maintained by Washington County, Oregon.
19 14. "VETERINARIAN" _means a practicing veterinarian licensed
20 pursuant to the laws of the State of Oregon to perform
21 any of the acts set forth in ORS 686.030.
22 15. "VETERINARY HOSPITAL" means any business establishment
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maintained and operated by a veterinarian which is
24 operated for the diagnosis and treatment of diseases
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25 or injuries of animals.
26 16. "VICIOUS DOG" means any dog-that has, due to its size,
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I nature or other characteristics, demonstrated a
2 disposition or propensity to do an unreasonable
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3 act harmful in its character to human beings or
4 animals, done in a hostile manner.
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SECTION 3. POWERS AND DUTIES OF DOG CONTROL OFFICERS.
6 A. The powers and duties of the Dog Control Officers shall
7 be as follows:
8 1. To have police power in the enforcement of all
9 provisions of this ordinance relating to the licensing
10 and impounding of dogs and the citation of persons in
11 lieu of arrest for violation of this ordinance as
12 prescribed in this ordinance at Section 15 hereinbelow.
13 2. To maintain and keep a small animal shelter or other
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14 place where all dogs subject to impoundment, may be
i - kept and held safely and provided with proper and
16 sufficient food, water and shelter.
17 3. To impound and keep safely, any dog which is found
13 doing anyofthe acts set forth in Section 4 of this
19 ordinance, apparently abandoned or as required by the
2® Department of Health of Washington County, Oregon.
21 4. To issue Uniform Dog Control Ordinance Citations
22 pursuant to Section 15 of the ordinance and citations
23 and complaints within the
p appropriate jurisdictions,
24 appear as witnesses and to perform all other acts
25 necessary for the enforcement of this ordinance.
26 5. To receive and collect any costs and charges hereinafter
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I provided by this ordinance.
' 2 6. To investigate reports of biting dogs as herein
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3 set forth by this ordinance.
4 7. To investigate livestock claims made pursuant to
5 Section 10 of this ordinance.
6 SECTION 4. PROHIBITED 'ACTIVITIES.
7 A. It shall be unlawful for any person:
$ 1. To interfere with, hinder, molest or verbally abuse
9 a dog control officer while in the exercise of his
10 duties.
11 2. To be the owner of a dog which he fails to prevent from
12 running at large.
13 3. To be the owner of a dangerous dog. `
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14 4. To be the owner of a vicious dog.
15 5. To be the owner of a dog which he fails to prevent from
16being a public nuisance by:
17 a. Molesting passersby;
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13 b. Biting a person or animal; `
19 c. Habitually chasing vehicles or persons; r
20 , d. Habitually attacking other animals.
21 e. Traveling .upon school grounds, public parks,
22 public game refugees and public watershed areas;
23 f. Damaging or destroying property of persons other
24 than the owner of the dog;
25 g. Scattering garbage;
26 h. Habitually running at large;
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1 i. Disturbing the peace, comfort, health or repose of
2 any person of reasonably: sensitivity by making loud,
3 long, unnecessary and continuous noises.
4 6. To be the owner of a dog affected with a contagious
5 disease who runs at large or is exposed in any public
6 place whereby the health of man or beast may be affected,
7 except that such dog may be removed, from the premises t
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8 of the owner or other person by a veterinarian, dog control
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9 officer or police officer or by any person supervised by
10 the Department of Health of Washington County.
11 7. To be the owner of a dog not vaccinated with a modified
12 live virus type vaccine for rabies within the past three
13 years which has been alleged to have bitten a person or
14 to fail to safely quarantine any dog alleged to have
15 bitten a person by:
16 a. Securing said dog on the owner's premises with the
17 approval and under the supervision of the Washington
18 County Health Department or Washington County Dog
19 Control Department, and not allowing said dog to be
20 at large or to comms in contact with any other person
21 or animals; or
22 b. Placing said dog in a veterinarian hospital, or
23 C. Impounding said dog at the small animal shelter; or
24 d. Refusing to allow a dog control officer to impound
25 said dog when said officer has probable cause to
26 believe that such person has failed to comply with
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1 the quarantine requirements of "a" , "b" or "c" E'
2 hereinabove.
3 8. To be the owner of any dog for which he has failed to
4 procure a dog license, if such license be required under
5 Section 5 of this ordinance.
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9. To be the owner of any dog for which lie has failed to
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diSp3ay Joy- "canse upon ouch dog when it is Uff c ie
3 owners property, if such license be required under
9 Section 5 of this ordinance.
10 10. To knowingly or negligently commit acts of cruelty to
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11 animals.
12 a. General acts of cruelty include but are not limited
13 to the following:
1)4 1) To subject any animal under a person's ownership, !
15 custody or control to cruel mistreatment; or
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16 2) To subject any animal under a person's ownership,
17 custody or control to cruel neglect; or
1� 3) To kill without legal privilege any animal under
19 the ownership, custody or control of another person.
20 b. Specific acts of cruelty to animals include but are
21 not limited to the following:
�. 22 1) For any person to overdrive, overload, drive when
23 overloaded, overwork, torture, torment, deprive
24 of necessary sustenance, cruelly beat, mutilate
. 25 or cruellykill, or cause or
procure any such
' 2b cruel treatment of any animal while having the
e7c 7 ORDINANCE NO. 75 - 4—,
I charge of or custody of any such animal as
2 owner, or otherwise; or
3 2) For any owner or person having the charge or
4 custody of any animal, to cruelly drive or work
S the animal when unfit for labor, or to cruelly
abandon any animal, or to carry or cause any
animal to be carried in or upon any vehicle or
8 otherwise, in a cruel, inhuman manner, or knowingly
9 or wilfully authorize or permit the animal to be
18 subjected to torture, suffering, or cruelty of
11 any kind; or
' 12 3) For any person owning, having charge or custody of
' 13 any animal, except in the case of an emergency to
14 deprive any such animal of necessary and adequate
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,i 15 food and drink for more than 36 hours; or
15 4) For any person owning, having charge or custody of
17 any animal, except in the case of an emergency to
18 deprive any such animal of necessary, adequate and
19 humane shelter from the elements.
20 5) If there is probable cause to believe that sub-
21 section 3) or 4) hereinabove are being violated,
22 after obtaining a search warrant in the manner
23 authorized by law, a dog control officer, Humane
44 Society officer, peace officer, or any combination,
25 may enter the premises where the animal is being
26 held, provide food and water and impound such
image 8 - ORDINANCE NO. 75
I animal. If after reasonable search the owner or
' 2 person having custddy of such animal cannot be
3 found and notified ,of the impoundment, such notice
4 shall be conspicuously posted on such premises and
5 within 72 hours after the impoundment such notice
6 shall be sent by certified mail to the address, if
7 any, at which the animal was impounded.
8 6) The dehorning of cattle or the docking of horses
9 or sheep, or any other accepted practice of good
10 livestock husbandry within the City of Tigard
11 community is not a violation of this ordinance.
1:: 7) A certificate by a veterinarian that the subject
13 animal was examined immediately following the time
14 of the charge and found to be in good condition
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15 shall be a defense to any charge made under sub- r
16 sections 3) or 4) hereinabove or any charge that
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17 the animal was deprived of necessary sustenance or
18 shelter or cruelly driven or worked when unfit
19 for labor.
2011. To fail to make appearance in court pursuant to a Uniform
21 Dog Control Citation or Complaint as required by sub-
22 section 15(F) of this ordinance or pursuant to an order of
23 the court to appear as required by subsection 15 (J) of
24 this ordinance or failure to appear at time of trial after
`25 a plea of not guilty pursuant to subsection 15 (H) of this
26 ordinance.
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1 SECTION 5. LICENSING OF DOGS.
, 2 A. Any person owning a dog which has permanent canine
3 teeth or which is more than six months of age, shall
4 procure a license for each such dog each calendar year
5 or any part thereof. Such license shall be procured
6 not later than March 1, in any year, or within thirty
7 days after the date a dog of six months of age or with
8 permanent canine teeth is brought by the owner into
9 Washington County or within 30 days after any dog too
10 young for licensing on March 1, reaches six months of age
11 or has permanent canine teeth; thereafter each such dog
12 shall be licensed on a calendar basis from year to year.
13 The Dog Control Division shall keep a numbered record of
14 such licenses and shall include information as to sex,
15 breed of dog and name and address of the owner; provided,
15 however, that this section shall not apply to non-resident
17 dog owners, residing outside Washington County, if dogs
13 of such owners are not kept within Washington County in
19 excess of thirty days, are duly licensed by the juris-
20 diction in which the owner resides, and if such dogs are
21 kept at all times under restraint by the owner.
22 B. A dog license of $5.00 shall be charged for each dog. This
' 23 fee is due and payable on application for a dog license.
24 A license fee shall not be pro-rated for any part of any
25 calendar year; provided, however, that any dog owned or
26 used by a blind person is exempt from a license fee while '
image 10 a ORDINANCE NO. 75
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1 so owned and used, but is not exempt from being licensed
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or from any required rabies innoculation.
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3 C. Any kennel or pet shop, either of which possesses, controls,
4 owns, boards, keeps or hasscustody of in the course of its
5 business or other activities, dogs which have permanent
6 canine teeth or which are more than six months of age,
7 shall pay an annual license fee of $25.00. Such fee shall
3 be in lieu of all individual dog license fees imposed
9 upon such dogs owned, kept or boarded at such kennel or
10 pet shop. Those portions of this section pertaining to the
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licensing of individual dogs shall not apply to dogs with
12 permanent canine teeth or which are more than six months '
13 of age which are the personal property of another person
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14 and duly licensed by the jurisdiction wherein such person
15 resides, but are boarded or otherwise similarly kept by
16 ' such kennel or pet shop within Washington County.
17 D. It shall be the duty of the owner of any dog with
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18 permanent canine teeth or which is more than six months
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19 of age kept in the City of Tigard, to have that dog
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innoculated against rabies with a modified live virus f
21 type vaccine and no license shall be issued for any dog,
22 unless the applicant exhibits a certificate of such inno-
23
culation by a veterinarian, or, in the case of dogs
24 owned b kennel
y a or pet shop, a statement of such
2S innoculation, signed and sworn to by the owner of that
26 kennel or
pet .shop. The .certificate of innoculation.
Wage 11 ORDINANCE NO. 75 - �{
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1 or sworn statement must demonstrate that such vaccination
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is valid for immunity against rabies for the entire period
3 for which the license is issued. However, if a
4 veterinarian certifies to some physical condition of a dog
5 which- would prevent such innoculation. for any period, no
6 innoculation shall be requir�ad for the dog, and a license
7 may be issued for that dog.
8 E. Any owner failing to procure or pay for a license as
9 required by this ordinance in any year shall pay a delinquent
10 penalty for such failure in the sum of $15.00 for each dog,
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provided that, in the case of a kennel or pet shop owner, !
12 either of which are subject to subsection "C" of this `
13 section, the failure of procuring a valid license as required
14 by that subsection shall, subject the pet shop or kennel to
15 a delinquent license penalty of $15.00 for each dog on the
16 premises at the date of violation which is not otherwise
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17 exempt or duly licensed. In every case, such penalties
1� shall be in addition to the regular license fees and shall
13 be paid at the time of the issuance of the license or
20 licenses.
21 F. If a license tag be lost, an owner may secure a duplicate
22 license to or in the case of kennel or
g, pet shops, a
23 license certificate from the Dog Control Division upon
24 satisfactory proof of loss and payment in the sum of
25 $2.00.
26 G. Upon issuance of a dog license, the Dog Control Division
age 12 - ORDINANCE NO. 75
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I shall issue to the owner a metallic or durable plastic
2 license tag, prepared with holes at the top and bottom
3 of such to and with g, stamped p h an identifying number, the ,
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4 name Washington County, Oregon, and year of issuance of the
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' 5 license. Such tag shall beIsecurely fastened to the dog' s
collar or harness b the
y owner and shall be worn at all
7 times when the dog is not ori the premises of the owner.
8 The Dog Control Division shall maintain a record of the
9 identifying numbers which shall be available to the public
10 at all reasonable times. j
11 H. Licenses from other jurisdictions shall be valid in
12 the City of Tigard until March 1 of the next licensing period,
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13 if such license requires innoculation against rabies until
24 that date.
15 SECTION 6. IMPOUNDMENT AND DISPOSITION OF IMPOUNDED DOGS.
16 A. Whenever any dog is found performing any of the activities
17 enumerated in Section 4 of this ordinance, or has bitten
18 any person or animal, a dog control officer, any police
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officer, any owner or any private person may impound it
20 by immediately delivering such dog to the small animal ,
21 shelter.
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D. Any impounded dog, which by reason of injury, disease or
-23 other cause, is suffering great pain or is dangerous to
24 keep impounded, may be destroyed forthwith. The Dog Control
25 Division may request a veterinarian to certify to this
26 fact in writing before such immediate destruction is under-
Wage 13 taken.
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I C. The Washington County Dog Control Department upon
2 request of the Washington County Sheriff's office or
or the City of Tigard, Oregon, police
3 the Oregon State Police/, shall accept and take . into
4 custody and control at the Small Animal Shelter any
5 dog in the possession or under the control of any
6 person taken J_nto custody by such police agencies. The
said Dog Control Department shall retain such dog for a
8 period of five: (5) days, and unless during such period the
9 person taken into the police custody has redeemed said
10 dog or has made other arrangements for the care and custody
11 of such dog, such dog shall be deemed abandoned, and such
12 dog may at any time thereafter be disposed of as provided
13 in subsection "E" of this section. In the event the
14 owner reclaims said dog or arranges for the same to be
15 taken out of the custody of the Dog Control Department of
16 Washington County, said dog shall be returned without
17 charge provided, however, that at the time the dog is
18 delivered to the Small Animal Shelter by the Sheriff's
19 of the City of Tigard, Oregon, police
Department or State Police/, such police agency shall take
20 from the Washington County Dog Control Department, a
21 receipt therefor in duplicate, which receipt shall be in a
22 form approved by the County Counsel' s office of
23 Washington County, Oregon, and shall have incorporated
24 therein, notice: to the owner or keeper of such dog that
125
such dog may be disposed of within five (5) daysunless
26 the owner of such person taken into .custody makes proper
'$� 14 ORDINANCE NO. 75 '"
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1 arrangements for its custody and care.
Z D. The Dog Control Division shall keep any dog impounded
3 or delivered to the Dog Control Division for disposal or
4 as otherwise provided in this ordinance, for the period of
time hereinafter specified, and shall dispose of dogs
6 in accordance with the following provisions:
1. Rei(a.rj{IEJ ion, pesirlu�.-Jon or JCiLC VL V11L.i.RrGlloGu LVMS♦
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8 Unless an unlicensed dog is redeemed by his owner,
9 within five days after impoundment in .a manner con-
10 sistent with subsection "E" of this section, the dog
11 may be destroyed or sold in a manner consistent with
12 subsection "E" of this section. If such dog has been
13 impounded because of the biting of a person, and does
14 not have a vaccination which is valid for immunity
15 against rabies at such time, such, dog shall be kept in
16 impoundment and quarantined for such period of time
17 as necessary to observe said dog for the required ten
16 day quarantine period commencing after the biting of a
19 person.
;26 2. Redemption, Destruction or Sale of Licensed Docs.
21 Unless a dog which evidences a license by this county
ZZ or some other authorized governmental entity, is
23 redeemed within seven days after notice of impoundment,
24 is mailed, such dog may be destroyed or sold consistent
�S with the manner prescribed by subsection "E" of this
26 section Within five days after impoundment, notice of
"'L 15 ORDINANCE`NO. '75
I such impoundment shall be given by deposit in the
2 United States Mail of a certified and postage prepaid
3 letter addressed to the person who purchased the
4 license for the dog at his address shown on the
5 license application. The notice 'shall advise the
6 person that the dog had been impounded and the place
7 where the dog is Kept anti the procedure required for
8 redemption. If a dog be sold to someone other than
9 the owner, a new license must be purchased, but no
10 new innoculation will be required for the balance of
11 the current licensing period.
12 3. Sale or Destruction of Unwanted Dogs.
13 Any dog given to the Dog Control Division by the owner
14 thereof for disposal, may be destroyed or sold in a
15 manner consistent with subsection °E° of this section,
16 provided that a release by the owner or his authorized
17 representa•Live must be given in writing to the Dog
1� Control Division if a dog is to be destroyed within
19 five days from such date, except as provided in sub-
20 section "B" of this section.
21 E. A dog may be redeemed by other than the owner of sold
22 only if the following qualifications be met:
2$ 1*. That the dog is in good health and free from disease
24 or in lieu thereof that theerson
p purchasing or
2 redeeming such dog make adequate and humane provisions
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26 for medical Bare of such dog
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Y 2. That the dog is neither dangerous nor vicious;
2 3. That if the dog be sold, the purchaser pay prior to t"
3 sale, the basic impoundment fee of $7.00;
4 4. That if the dog be redeemed, that the impoundment and
S boarding charges and other fees, as applicable, be
6 paid prior to release of the dog; provided that the
7 owner must supply proof of ownership. If the dog be
8 licensed, a current license shall be prima facie proof
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9 of ownership; if the dog be unlicensed, the owner must €
YO purchase a license and pay all fees and penalties
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consistent therewith;
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12 5. That the dog be immunized against rabies within thirty
13 (30) d,ys after redemption or sale unless the doq i
14 lacks permanent canine teeth or is less than six
Y5 ;
months of age at the end of said thirty days, or there
16 is proof that the dog has a rabies vaccination_ valid
17 £or the current licensing period;
6. That the dog be licensed within thirty (30) days s`
19
after redemption or sale unless that dog lacks .
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20 permanent canine teeth .or is 'less than six months
21 of age at the end of said thirty days.
12 F. Any dog sold by the Dog Control Division may be returned
3 within thirty (30) days after purbhase in exchange for '
24 another dog which qualifies for sale. Such exchange shall
25 be free of any further impoundment fee.
26 G. The Small Animal Shelter shall.be open at reasonable
page 17 - ORDINANCE NO. 75
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I times to the public, as the Board of County Commissioners may
2 determine. Such times shall be posted at the Small Animal Shelter.
3 H. The following schedule of charges shall be imposed for release
4 of an impounded dog redeemed by its owner:
5 1. Basic Impoundment Charge:
First impoundment. . . . . . . . . . . . . . . . . . . . . . .$ 7: nn
6 Second Impoundment within 12 months. . . . .$ 10. 00
Third and Successive Impoundments
7 within 12 months. . . . . . . . . . . . . . . . . . . . . . $ 20. 00
8 2. In addition to the basic impoundment charge, an additional
boarding charge of two dollars ($2. 00) per day, or frac-
9 tion thereof, shall be levied on an owner redeeming a
dog after the day of impoundment.
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I. The Dog Control Division shall not sell or give away any live
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animal for surgical or medical demonstration or vivisection,
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nor permit the use of any impounded li'7e animal in his custody
13
for such purpose.
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SECTION 7. DISPOSITION OF LICENSE FEES, IMPOUNDMENT CHARGES,
15 DELINQUENT LICENSE PENALTIES, PROCEEDS FROM THE SALE
OF DOGS, AND ALL OTHER MONIES AND FEES PAID TO THE
16 DOG CONTROL DIVISION.
17 All sums representing license fees, delinquent license penalties,
13 proceeds from the sale of dogs, impoundment charges and all other
19 monies and fees paid to the Dog Control Division shall be turned
20 over to the Director of Finance and Administration of Washington
21 County, Oregon, as .part of the Dog Fund of Washington County.
22 SECTION 8 REVOCATION OF KENNEL OR PET SHOP LICENSE.
23 The Board of County Commissioners may, after a hearing and
24 opportunity to be heard, revoke any kennel or net shop dog license
25 if the person holding such license refuses or fails to comply with
26 this ordinance, or any other state or local laws regarding the
Page 18 ORDINANCE NO. 75 - f�
I keeping of dogs.. Any person whose license is revoked shall,
2 within ten days, humanely dispose of all dogs owned by him.
3 No part of the license fee shall be refunded in such case. It
4 shall be a condition of the issuance of any dog license to any
5 kennel or pet shop that dog control officers shall be permitted
e all dogs and the rami Sas where such doq s are kept at
v to inspG%� �.�.� .....�„ p..__.
7 any reasonable time and the Board of County Commissioners may, if
8 permission for such inspection is .refused, revoke the permit mf
9 the refusing owner. A copy of this section shall appear on the
in subsection "C" of
licenses set forth
1Q application for all n
11 Section 5. Review of the Board' s actions shall be solely and
12 exclusively by Writ of Review as provided in ORS 34.010 through
13 34.100.
14 SECTION 9. BITING DOGS TO BE REPORTED AND QUARANTINED.
15 A. The owner of a dog which bites a human being shall
16 notify the Department of Public Health of Washington
17 County immediately of such bite, giving the name and
18 address of the person bitten, if known to him, and shall s:
19 abide by the quarantine instructions given by the
20 - Department of Health of Washington County.
21 B. Any person who is bitten by a dog shall forthwith notify
22 the Department of Health of Washington County of such bite,
23 giving a description of the dog and the name and address
-24 of the owner, if known to him.
: 25 C. When a doctor, veterinarian or hospital has information
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26 that a person has been bitten by a dog, such person or
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X hospital shall forthwith notify the Washington County
2 Department of public Health.
3 D. All dogs alleged to have bitten a person shall be
4 quarantined as herein provided for a period of ten (10)
5 days commencing from the date of the alleged bite:
6 1. If the owner of any dog alleged to have bitten a
9 person can produce a valid certificate of
8 innoculation by a modified live virus type vaccine s
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9 against rabies dated less than three years prior to
10
the time said alleged bite occurred and such dog
11 does not exhibit abeyant behavior, such dog may,
12 under the supervision and with the approval of the
13 Washington County Dog Control or Washington County
14 Health Department be quarantined at the owner's
15 residence. Such quarantine shall guarantee that
16 such dog shall be securely confined and kept from
17
contact with any other animal or human, except
18 persons authorized by the Washington County Dog Control :
19 Department or Washington County Department of public
Z® Health as they deem necessary for the protection of
21 the public health, safety and welfare.
'.2 2. Dogs alleged to have bitten a person that do not
23 have proof of current innoculation by a modified
! 4 live virus type vaccine or current license by
25 Washington County, dogs with no known owner and dogs
iZ exhibiting aberant behavior shall be quarantined for
' e - 20 ORDI1V'ANCE NO. 75, _l
s '
1 ten (10) days at the Washington County Small
2 Animal Shelter or by a licensed veterinarian
3 at the expense of the owner of such dog.
4 3. The Washington County Health Department or Washington
County Dog Control Department personnel may make spot
6 checks to insure proper quarantine procedures are
7 administered.
8 4. Any dog alleged to have bitten a person that dies
9 within ten (10) days after biting any person shall be
10 immediately delivered to the Washington County
11 Department of Public Health or such department or
12 its delegate shall be notified and permitted to collect
'.g the rctitaiia..
of such animal for laboratory analysis.
14 5. Upon proper showing of probable cause and obtaining of a
15 court order by the Washington County Department of
16 Public Health, any dog suspected of being a carrier of
17 rabies virus shall be taken from the owner and submitted
16 for laboratory analysis.
19 SECTION 10. CLAIMS FOR LIVESTOCK KILLED BY DOGS.
20 A. The owner of any livestock killed by any dog may, within
21 five days after the killing occurs, or becomes known to him,
22 present to the Board of County Commissioners of Washington
23 County, Oregon, a verified statement containing a full
24 account of such killing, stating in detail the amount of
25 damage claimed on account thereof, and the name and address
26 of the owner or custodian of the dog, if his name is known,
Age 21 ORDINANCE NO. 75 ..
t`` 1 as well as any insurance claim the owner may have in this
2 regard. The claim shall be supported by the affidavit of
4 at least one disinterested person as to all material facts
4 as to damages contained therein.
5 B. all claims presented as ,l
provided in subsection A of this
6 section shall be considered by the Board of County
7 Commissioners. The Board may allow a claim or any portion
thereof that it deems just and reasonable, shall file and
9 enter of record the value of livestock killed, and'order
10 a voucher drawn in
payment thereof. If it deems the claim
11 unjust, it shall disallow it and enter such fact upon
12
record. No claim shall be allowed where it appears that
13 the injury or damage complained of is caused by a dog owned
14 by the claimant or his agent, nor for any amount for which
15 the claimant is insured..
16 C. In each case where a claim made for livestock killed has
19 been paid by the Board of County Commissioners for Washington
18
County, Oregon, the said Board shall be subrogated to all
19 rights of the owner of the livestock killed against the
20 owner of the dog for the amount of claim actually paid
21
by the Board of County Commissioners. The County Counsel
22 of Washington County shall proceed promptly, i
n a lawful
23
way, to collect on said claim. Any money so collected shall
24 be paid immediately to the Director of finance and
i 25
Administration Department of Washington County, Oregon. As
26
a condition of payment of any claim, the claimant must
22 ORDINANCE NO. 75 -
}
s
I cooperate in any proceeding by Washington County to
2 recover a subrogated claim.
3 SECTION 11. REPEAL OF ORDINANCES NOS, 71.-1 AND 71-42.
4 Ordinance No.. 71-1, adopted by the City Council of the City
5 of Tigard, Oregon, on January 11, 1971, known as the "CITY OF TIGARD
b DOG CONTROL ORDINANCE OF 1971" , and Ordinance No. 71-42 , amending
7 said City of Tigard Dog Control Ordinance of 1971", as adopted on
8 the 27th day of December, 1971, be and the same are hereby repealed
9 effective with the effective date hereof.
10 SECTION 12. AUTHORITY OF THE CITY COUNCIL TO CONTRACT WITH WASH-
INGTON COUNTY FOR DOG CONTROL SERVICES.
X1
12 The City Council. of Tigard, Oregon, under authority of Chap-
13 ter 190, Oregon Revised Statutes, does hereby record its intention
14 and purpose to contract for dog control services with the Board of
P5 -Commissioners of Washington County, Oregon, in a cooperative ef-
- 15 fort to enforce this ordinance in accordance with the terms
17 hereof.
18 SECTION 13. SEPARABILITY CLAUSE.
19 If any title, section, subsection, phrase, clause, sentence or
20 ----
21
- a21 --
22 ----
23
24
25 ----
26
page 23 ORDINANCE NO. 75 - q�
t1
f t t
j Al 1 word of this ordinance shall for any reason be held invalid or
' 2 unconstitutional by a court of competent jurisdiction, the remainder
S of this ordinance shall not be effected thereby and shall remain in
i
4 full force and effect.
I SECTION 14. PENALTIES.
n A. upon can,/I i.:ion of an- —erzo : for vi n7;ti n» n-F ?rev
1
7 provision of this ordinance, he shall be punished by a
8 fine of not more than two hundred dollars ($200.00) .
9 B. Each day any person shall be in violation of this
10 ordinance, shall, be deemed a separate offense.
11 C. In addition to any penalty imposed as provided by
12 subsection "A" of this section, a court may order the
1.3 impoundment and destruction of any dog found to be vicious.
14 D. Any person who has been convicted of a violation of this
'I
.15 ordinance and who is found by a court to have been previously
16 convicted of any violation of this ordinance or Ordinance
17 No. 71-1 or Ordinance No. 71-42 of the City of Tigard within
18 the two years preceding the date of the alleged violation
i`
i 19 may be punished by a fine of not more than one thousand
20 dollars ($1,000.00) .
c
j 21 E. Any person who in connection with the issuance of a
1
t 22
' citation, or the filing of a complaint, for a dog control
23 ordinance violation, wilfully certifies falsely to the
i
{" 24 matters set forth therein is punishable upon conviction
25 by imprisonment in the county jail for a term not
~ 26 exceeding one year or by a fine of not more than three
f pie 24 - ORDINANCE NO. 75 --
i
t
I thousand dollars ($3,000.00) , or both.
2 F. Upon conviction of any person for violation of Section 15 (I) ,
r
3 failure to appear as required by Section 15 (H) (1) without
{
4 due and good cause, he shall be punished by a fine in
E
5 addition to the fine and court costs of the violation
} 6 for which he tailed to appear acid such dditicnal fine
7 shall not be less than twice the amount of the bail for
8 the violation for which the person was to be tried nor
9 more than $1,000.00.
10 SECTION 15. ENFORCEMENT PROCEDURES.
11 A. Requirements of Uniform Dog Control Citation, Form and
Concent.
12
1. A Uniform Dog Control Citation conforming to the
' 13
requirements of this subsection "A" shall be used for
14
all Dog Control Ordinance violations committed in the
15
presence of the complainant and which occur within the
16
19 corporate boundaries of the City of Tigard, Oregon.
2. The Uniform Dog Control Citation shall consist of at
18
least four parts. Additional parts may be inserted'
19
20 for administrative use. The required parts are:
21 a. Complaint.
b. County Counsel's record of violation.
22
23 c. Dog Control Department' s record of violation.
24 d. Summons.
3. Each of the parts shall contain the following information
25
or blanks in which such information shall be entered:
26
.page 25 - ORDINANCE NO. 75
I a. Name of the court and the court's docket or file
2 number.
3 b. Name of the person cited.
4 C. Section of the Dog Control ordinance violated.
5 d. Brief description of the violation of which the
6 person is charged in such a manner as can be
7 readily understood by a person making a reasonable
8 effort to do so, the date, time and place at which
9 the violation occurred, the date on which the cita-
10 tion was issued, and the name of the complainant.
11 e. The time and place where the person cited is to
12 appear in court.
13 f: The bail, if any, fixed for the violation.
14 g. The designation of the method of service and
1 certification that such service has been made.
16 1) When such service is by certified mail, return
17 receipt requested as described at subsection
IS 4C9 (3) of this section, such shall be stated
19 on the complaint and the required certification
20 of service may be made upon receipt of the
21 "return receipt" and after the filing of the
22 complaint.
23 4. Each of the parts shall also contain such identifying
24 and additional information as may be necessary or
25 appropriate for the Dog Control Division to administer
25 the Dog Contrgl Ordinance of the City of Tigard.
age 26 ORDINANCE NO 75 ��
f
5. The complaint shall contain a form of certificate by
2 the complinant to the effect that he certifies, under
3 penalties prescribed at subsection -14(E) of this
4 ordinance, that he has reasonable grounds to believe,
5 and does believe, that the person cited committed the
s
6 violation contrary to the Washington County Dog
7 Control Ordinance, made and provided by Washington
3 County, Oregon. The certification, if made by a "
s
9 Dog Control Officer, nee'id not be made before a 4,
10 magistrate or any other person. A private person shall
11 certify before a District Court Judge, clerk or deputy
12 clerk of the District Court of Washington County, and
13 this action will be entered in the court record. The r
14 reverse side of the complaint shall contain the court
15 record and contain the substance of the matters
16 appearing on the reverse side of all uniform complaints
17 used in the District Court of Oregon in Washington
18 County or as otherwise directed by the District Court.
`s
29 A certificate conforming to this section shall be
20 deemed equivalent to a sworn complaint.
21 6. The summons shall also contain• a notice to the
2�
person that thecomplaintwill be filed with the
23 District Court of the State of .Oregon for the County
24 of Washington. The reverse side of the summons shall
25 contain the following:
F
26
a. A form substantially as follows:
Page
27 ORDINANCE NO. 75 f�
I READ CAREFULLY
2 You must appear in court at the time mentioned in this
3 citation if you are charged with any of the following violations:
4 1. Interfering with, hindering, molesting or verbally abusing
5 a dog control officer in the exercise of his duties.
"a__err
2. (Jwiiliiy a uaiiy�i v SIS dog.
7 3. Owning a vicious dog.
8 4. Owning a dog affected with a contagious disease that runs
9 at large or is exposed in a public place whereby the
10 health of man or beast may be affected.
11 5. Owning a dog not vaccinated for rabies within the past
12 three years which has been alleged to have bitten a person
13 and which has not been properly and adequately quarantined.
14 5. Committing acts of cruelty to animals.
15If you are charged with any OTHER violation, you MUST
16 do ONE of the following:
17 1. Appear in Court at the time mentioned in this summons and
13 request a hearing. The Court will then set a time for a
19 hearing.
20 ' 2. Mail to the Court this .summons, together with a check or money
21 order in the amount of the bail indicated on the other side
22 of this summons and tell the Court you request a hearing.
23 THIS SUMMONS AND TETE BAIL MUST REACH THE COURT BEFORE THE TIME
24 WHEN THIS SUMONS REQUIRES YOU TO APPEAR IN COURT. if you don't
25 want a hearing, but wish to explain your side, send your
explanation with the summons and bail. The Court will then
Pagt
28 .. ORDINANCE NO. 75
1 consider your explanation and may forfeit your bail or part
.2 of it, on the basis of your explanation and what the officer
3 tells the Court.
4 3. Sign the plea of guilty below and send this summons to the
Court, together with check or money order in the amount of
�. .. _ .__._ __ t L_ _
ball indicated un -LliG uL,aa 52ua Of t iia 5uumIUnb- 't'nio
7 SUMMONS AND THE BAIL MUST REACH THE COURT BEFORE THE TIME
8 WHEN THIS SUMMONS REQUIRES YOU TO APPEAR IN COURT.
9 NOTE: if you have already given bail or other security for
10 your appearance, proceed as mentioned above but do not send in
11 any additional sum as bail.
12
13 APPEARANCE, PLEA OF GUILTY AND WAIVER
14 I, the undersigned, do hereby enter my appearance on the
15 complaint of the violation charged on the other side of this
16 summons. I have been informed of my right to a trial, that my
17 signature to this plea of guilty will have the same force and
1$ effect as a judgment of court. I do hereby PLEAD GUILTY to said
19 violation as charged, WAIVE my right to a HEARING by the Court, and
20 agree to pay the penalty prescribed .for my violation.
21
22 (Defendant's Name)
23
24
(Defendant"s Address)
2."s
1�
Fags 29 ORDINANCE NO. 75
I MAIL YOUR REMITTANCE TO:
2 Washington County District Court
Courthouse
3 Hillsboro, Oregon, 97123
4
S NOTICE
6 IF YOU FAIL TO COMPLY WITH THESE INSTRUCTIONS THE
7 COURT IS AUTHORIZED TO ISSUE A WARRANT FOR YOUR ARREST.
6 IF YOU FAIL TO DO ONE OF THE THREE FOREGOING PROCEDURES,
9 OR FAIL TO APPEAR FOR TRIAL AT THE TIME SET BY THE COURT YOU
10 MAY BE CHARGED WITH THE ADDITIONAL AND SEPARATE VIOLATION OF
11 FAILURE TO MAKE REQUIRED APPEARANCE.
12 THE COURT MAY IN ANY CASE, AFTER NOTICE, REQUIRE YOU TO
13 APPEAR FOR A HEARING.
1$
15 7. Any error in transcribing information into the blanks
16 provided in the citation form when determined by the court
17 to be non-prejudicial to the defendant' s defense, may be
18' - corrected at the time of trial or prior to time of trial
19 with notice being given to the defendant.
20 8. Except as provided in subsection 7 above, the complaint
21 shall be set aside by the court only upon the motion of
22 the defendant before plea if it does not conform to the
23 requirements of this section:
24 B. Commencement of Action for Dog Control Ordinance Violations. f
23 1. A Dog Control Officer may issue a Dog Control Citation
under the following circumstances:
t
k
Page 30 - ORDINANCE NO. 75 _
i
E
I a. To an owner of a dog for a violation of this
2 ordinance committed in his presence and when
3 committed at any location wit-.in the corporate
4 boundaries of the City of Tigard, Oregon.
5 b. To an owner of a dog at a place outside the
6 unincorporated areas of Washington County, Oregon,
7 if:
8 1) The violation was committed in his presence at a
9 location within the unincorporated area or the
10 offense occurs within the corporate boundaries
- 11 of the City of Tigard, Oregon; and
12
13
14
15 2) The Dog Control Officer immediately proceeds to
16 ascertain the person who committed or allowed
i
17 the violation to occur; and
18 3) The Dog Control Officer cites the person immediately
19 upon ascertaining the person' s identity provided,
20 however, any of the alternative means of service
21 provided at subsection (C) of this section may be
22 used to perfect service.
23 2. A private person may commence an action for a Dog Control
24 Ordinance violation as provided in subsection (A) (5) of
25 this section and under the same conditions provided in sub-
36 sections (B) (1) (d) of this section. The commencement of a13.
Page 31 - ORDINANCE NO 75
d'
I actions by private persons for violation of this
2 ordinance committed in their presence shall be upon
3 the Uniform Dog Control_ Citation form and shall be at
4 the discretion and in the judgment of the office of
5 the County Counsel of Washington County, Oregon, and
Conform t0 the prOCedux e5 1Vi C:citifi d-oti0,-
an- Z;Qr_
7 as required at subsections (A) and (C) of this section,
8 respectively.
C. Service of Citation.
10 1. If a citation is commenced as described in subsections
11 (B) (1) or (2) of this section, a Dog Control Officer,
12 peace _officer, Humane Society Officer or the County
13 Counsel' s office, respectively, shall serve the summons
14 portion of such citation in one of the following manners:
15 a. To personally serve the summons portion of the city--
16 tion on the defendant. If the defendant cannot be
13 found personally at 'his usual abode, then service may
18 made to a member of his family over 14 years of age who
14 resides at that abode.
20 b. If the defendant is unknown or unavailable for
,21 personal service by the citing Dog Control Officer, then
22 the summons portion of the citation, prepared by the
23 citing officer may be personally served upon the
24 defendant by any peace officer, authorized to serve
25 such citations, or by any other Dog Control Officer or
5 Dog Control Personnel employed at the Small Animal
Page 32 ORDINANCE NO. 75 --
[f t
I Shelter,
3
z
2 C. If, after reasonable and due diligence, the defendant
3 cannot be served in the manner prescribed in sub-
4 sections (a) and (b) hereinabove, service of the
5 summons portion of said citation may be made by
t
registered mail, return receipt requested, mailed to
t 7 such person at his last known address with postage
8 prepaid thereon. For the purposes of this ordinance,
9 service by mail shall be deemed perfected upon filing
10 with the court the return receipt endorsed by said
11 defendant or a member of his family over the age of
12 14, who resides at the defendant's abode. As soon
13 as reasonably possible, provided, however, in no event t
P
14 later than the appearance date, the Dog Control
15 Officer shall file the complaint portion of the
16 citation with the Clerk of the District. Court and when
s
17 service is not made at the time of commencement of
18 the complaint proof of service -hall be filed
19 immediately after service has been made.
20 D. Minimum Recxuirements for Summons.
21 A summons for a Dog Control Ordinance violation is sufficient
22 if it contains the followings
23 1. The name of the court, name of the person cited, date
24 on which the citation was issued, name of the complainant
25 and the time and place in which the person cited is to
i
appear in court.
page 33 - ORDINANCE NO. 75
t,
1 2. A brief description or designation of the offense
2 in such a manner that can be readily understood
3 by a person making a reasonable effort to do so
4 and the date, time and place in which the viola-
tion is alleged to have occurred.
6 3. The complaint shall contain a form or certificate
7 by the complainant to the effect that he certifies,
8 under the same penalties as prescribed in sub-
9 section 14(E) of this ordinance that he has
10 reasonable grounds to believe, and does believe,
11 that the person committed the violation contrary
12 to the City of Tigard Dog Control Ordinance.
13 The certification, if made by the Dog Control
14 Officer, need not be made before a magistrate
15
or any other person. A private party shall
IS certify before a Washington County District
17 Court Judge or, clerk or deputy clerk of the
18 District Court of Washington County, and this
19 action shall be entered into the court record.
20 E. Appearance by Defendant.
21 1. The defendant shall appear in court at the
22 time mentioned in the summons if charged
23 with any of the following violations:
24
25
26
'age 34 - OIRDINANCE NO. 75 -
I
a. Interfering with, hindering, molesting
2 or verbally abusing a dog ccntrol officer
3 in the exercise of his duties.
4 b. Owning a dangerous dog.
5 c. Owning a vicious dog.
6 d. Owning a dog af:°ected with a contagious
7 disease that runs at large or is exposed
8 in a public place whereby the health of
9 man or beast may be affected.
- 10 e. Owning a dog not vaccinated for rabies
11 within the past three years which has
12 been alleged to have bitten a person and
13 which has not been properly and adequately
14 quarantined.
15 f. Committing acts of cruelty to animals.
16 2. If the defendant is charged with any other
17 violation, he shall either appear in court
18 at the time indicated in the summons, or
19 prior to such time shall deliver to the court
20 the summons, together with check or money
21 order in the amount of the bail set forth
22 on the summons together with:
23
24
25
. 26
a page 35 - ORDINANCE NO. 75 y
a. A request for a hearing; or
2 b. A statement of matters and explanation of mitigation
3 of the offense charged; or
4 c. The executed appearance, waiver of hearing and plea
5 of guilty appearing on the summons.
6 G. Effect of Statement_and__Exmlanation in Mitigation.
7 If a defendant has submitted to the court a written statement
6 as provided in subsection (F) (2) (b) or (c) of this section, it
9 constitutes a waiver of hearing and consent to judgment by the
10 court declaring a forfeiture of all or any part of the bail as
11 determined by the court on the basis of such statement And any
12 testimony or written statement of arresting Dog Control Officer
33 or other witness which may be presented to the court.
84 H. Fixing Hearing Dates; Notice to Defendants; Failure to Appear;
�5 the Separate Offense of Failing to AMear in Court Pursuant
to Citation_, Summons, Court Order or at the Time Set for Trial
16
of Case.
17 1. If the defendant requests a hearing, or pursuant to
i8 subsection (J) (1) of this section, the court directs that
19 a hearing be held, the court shall fix a date and time
20 for hearing and, unless notice is waived, shall at least
21 five days in advance of the hearing, mail to defendant, a
22 notice of the date and time so fixed. The notice shall
v
23 set forth a warning that for failure to appear for the
24 hearing, the defendant may be charged with a separate and
25 additional. offense of failure to appear in court pursuant
26 to a court order, ora citation or summons, or at time
:Page A ORDINANCE NO, 75
set for trial of the case.
2 2. Notice to the defendant required pursuant to subsection
3 (H) (1) of this section, shall be made in the form of a
4 court "notice to appear" and be placed in the United
States Mail addressed to the defendant in his last
6 known address with postage prepaid thereon.
7 3. Failure of the defendant to make appearance as set
8 forth in subsection (H) (1) of this section, will
g constitute a failure to appear for hearing. If the
10 defendant fails to appear when notified by the court
11 to appear pursuant to subsection (H) (2) of this section,
12 he may be charged with a separate and additional offense
13 of failing to appear in court pursuant to a court order,
14 or a citation or summons or at time set for trial of the
15 case.
16 I. Failure to L22ear in Court Pursuant to a Citation, Summons,
17 Court Order or at the Time Set for Trial of the Case.
18 Upon a finding by the court that defendant did not make
19 appearance as required pursuant to subsection (H) (1) of this
2t� section without due and good cause, the defendant shall be
21 guilty of failure to appear. The fine for conviction of failure
22 to appear shall be in addition to the fine and court costs of
23
the violation for which he failed to appear and shall be not
2� less than twice the amount of bail for such violation nor more
2 s than. $1.,00o.oo.
5
page 3� ORDINANCE NO. 75 -- _
1 J. Hearing Discretionary with Court; Exce tions.
2 1. For any Dog Control Ordinance violation for which a
3 Uniform Dog Control Citation has been issued, the court
4 may direct that a hearing be held. Otherwise, the court
5 may enter the appropriate judgment, impose a fine, direct
6 th;q,f fhA F -MP by nai r%11+- +4%.MnF thr.i 1 Acr9n e; +eM
- c--- -
7 defendant and return any amount by which the bail exceeds
8 the fine.
9 2. No fine may be imposed, in excess of the amount of bail
10 deposited by defendant, unless a hearing is held.
11 K. Warrant for Arrest.
12 1. If a person cited fails to comply with the provisions of
13 subsection (E) of this section, or if he fails to appear
1$ at any time fixed by the court, a warrant for his arrest
1S may be issued by a judge of the Washington County District
16 Court. A warrant issued by the District Court may be
17 served without further endorsement, in any county in this
18 state.
19 2. No warrant of arrest may be issued pursuant to this
20 section after a period of sixty days of the date of the
21 entry of an order declaring a forfeiture of bail or other
22
security given by the arrested person, unless a warrant
23 has been issued before the expiration of that period,
24 the order of forfeiture shall be deemed the final
25
disposition of the case.
'6
Pie 38 ORDINANCE NO. 75 -
a
1 SECTION 16, EFFECTIVE DATE,
2 Inasmuch as the City of Tigard has heretofore contracted for
3 dog control services with Washington County, Oregon, under authority
4 of Chapter 190, Oregon Revised Statutes, and by reason of the re-
--1 .YSi•yily uoti County of its prior ordinances authorizing coop-
erative dog control services and the substitution therefor of its
9 Ordinance No. 133; and it is necessary for the peace, health and
8 safety of the people of the City of Tigard that the City's dog con-
9 trol legislation be made compatible with the Dog Control Ordinance
10 of Washington County, Oregon, and that a contract. for dog control
11 services be formalized with the least possible delay, an emergency
12 is hereby declared to exist and this Ordinance shall become effective
13 upon its passage by the Council and approval by the Mayor..
14
15 PASSED: By the Council, by
(dY/Lth/marr} vote of all Council
16 members present, after being read three times by number
17 and title only, this day of .`/Qhs 1975.
1�
a
19
20 Recor er - City of Tiga
21
22 APPROVED: By the Mayor, this��day of , 1975.
23
24
Mayor City oJ_Sx and
25 ;
26
pg 39 ORDINANCE NO 75 �/
!'g
AGREEMENT
THIS AGREEMENT, made and entered into this _day
of January , 1975, by and between Washington County,
Oregon, a political subdivision of the State of Oregon,
hereinafter called "County", and r; kv of Tigard , a
municipal corporation of the State of bregon, 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. 75--4, __;_ and
WHEREAS, County has adopted a revised and updated
Dog Control Ordinance, No. 138, amended by Ordinance No. 144
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
of effort and to minimize personnel costs, as authorized and
provided by the provisions of ORS 190.010 through 190.030;
E
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 shallremainin the County.
2 -
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 the duties required by
the terms of this agreement.
a. Ali pe5uns 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-
under shall have any City pensions, salary, compensation
for injury or sickness, or any status or rights by virtue
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
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. These
monies are intended to defray partially the expenses
f' incurred by County in the administration and enforcement
k of the City's Dog Control Ordinance and shall be the
consideration for the services rendered.
B. 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 in full force and effect
beginning January 27, 1975 and this agreement'
shall remain in effect until modified, renegotiated orterminated at any time by either party, subject to a 30
day notice of termination.
3 -
IN WITNESS WHEREOF, the City of ,
acting by and through its Mayor and City er, pursuant
" to ordinance No. 75_4 , has executed this agreement
on the date hereinafter appearing, and Washington County,
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
Mayor
BY
City Recdr er
DATED this day of 1975,
at Hillsboro, Oregon,
BOARD OF COUNTY COMMISSIONERS
FOR WASHINGTON COUNTY, OREGON
Chairman
Recording Secretary