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Ordinance No. 68-42 CITY OF TIGARD, OREGON ORDINANCE NO. 68 - }� DOG CONTROL ORDINANCE PROVIDING FOR CONTROL OF DOGS RUNNING AT LARGE, AUTHORIZING THE ANIMAL CONTROL DIVISION AND DEPARTMENT OF FUBLIC HEALTH OF WASHINGTON COUNTY TO EN- FORCE PROVISIONS THEREOF, REQUIRING RABIES VACCINATION, LICENSING OF DOGS, PRESCRIBING-PROCEDURES FORFAYMENT OF CIAIMS, AND .PROVIDING PENALTIES FOR VIOLATION THE CITY OF TIGARD ORDAINS AS FOLLOWS: This Ordinance shall be known and may be referred to in all proceedings as the "City of Tigard Dog Control Ordinance of 1968." Section i. PURPOSE: The purpose of this Ordinance is to provide rune—s—. regulations and standards to govern the keeping of dogs; to prevent dogs from running at large; requiring dogs to be on a leash or under the control of the owner thereof when such dog is knot on the owner's property; authorizing impoundment of dogs found running at large; requiring all dogs to be currently innoculated against rabies; requiring reports to be made of dogs that have bitten a meson or are suspected of having rabies, and providing for the quarantining of such dog pursuant to ruies and regulations promulgated by the Washington County Department of Public Health; establishing fees and charges; and-imposing penal- ties for violation of this ordinance. Section 2. DEFINITIONS: As used in this ordinance the following wor soman _phrases, unless the context otherwise re- quires, shall means 1. Dom,. An animal of the canine family. 2. Owner, Any person who owns, keeps or harbors an animal for fifteen or more consecutive days except a veterinarian or an operator of a kennel or a pet shop engaged in the regular business as such. 3. Dom license. The license required to be annually issued for each individual dog. 4. Animal Control Division. Means the Division of Washington l .,o=ty n.ernment authorized to exercise the con- trol on- " 7 -bv:.........�..m ._ trol of animals as prescribed by this ordinance. 5. Animal Control Officer. Means'an authorized officer of 1 Page 1. ORDINANCE No. x Washington County, Oregon, acting under authority of agreement with the City of Tigard pursuant to the provisions of this ordinance. 6. D°fa running at large. Whenever a dog is not on the property of tFie owner and is not held by a rope, line, leash, chain or held by other similar means, or is not under the immediate control and com- mand of the owner thereof. 7. Kennel. A place of business for the care of dogs, in- cluding, but not limited to, the boarding, grooming and breeding thereof. Section 3. PROHIBITING DOGS RUNNING AT LARGE: No dog shall run at large wit n t -e qty '=Rga3'. Section G. ANIMAL CONTROL OFFICER - 992MR, AND DUTIES: When act ng pursuant to agreement w1t�ie ty�of Tigard the duties and powers of the Department of Public Health of Wash- ington County and the Animal Control Officers of Washington County ® shall be as follows: (a) To enforce all provisions of this ordinance relating to the.care, treatment and impounding of animals. (b) To maintain and keep an animal shelter or other place where all animals which are subject to impoundment may be kept and safely held and provided with proper and sufficient food and water. (c) To take up and safely keep any animals found to be in violation of the provisions of this ordinance. (d) To collect any costs and charges hereinafter provided in this ordinance for the licensing, impounding and keeping of any animal. (e) To dispose of all dogs that come into his possession pursuant to the terms of this ordinance. Section 5. IMPOUNDMENT: (a) When any dog is found running atArQe; t e Animal Control Officer shall impound it immediate) . (bY Any dog impounded which by reason of injury, disease or other cause is unfit for further use or is dangerous to keep impounded shall be forthwith destroyed. Section 6. DISPOSITION OF IMPOUNDED ANIMALS: The Animal Control 1-1siomay eeep any clog Gpounded for violation - of the provisions of this ordinance, or turned over to a dog con- trol officer for disposal, for the period of time hereinafter specified and may dispose of the same in accordance with the following provisions. (a) Unlicensed Do&s: Unless an unlicensed doh shall have been redeemed within five days after being impounded it may be destroyed. As an Alternative to destruction, it may die sold by the Animal Control Division, provided that the purchaser shall not be given possession Page 2. ORDINANCE NO. 68- k - of any such dog until he has paid the license fee and all impound- ment charges: (1) Upon payment of said charges the purchaser will be given a receipt therefor and within 7 days tb.areafter purchaser - mu.st furnish to the Animal Control Division a certificate of vac- cination as set forth in Section 10, (2) Upon presentment of said certificate the purchaser shall be-issued a license for such dog, (b) Licensed Bogs: Unless a licensed dog shall have been redeemed within seven days after notice of impoundment, such dog may be sold by the Animal Control Division after giving notice to the registered owner of the dog as follows: (1) Deposit in the United States mail, postage prepaid, a certified letter addressed to the person who purchased the license for the dog, advising that the dog has been impounded. (2) The notice shall advise said person the place where the dog is kepi and the procedures required for redemption of the dog. (3) The amount of charges imposed for the impoundment and a statement of the daily charges for food and care. (4) In the event the dog is not claimed by the lawful owner thereof within seven days from date of sending the letter that the Animal Contrnl Division will sell the dog to a bona fide purchaser, or, in the event such sale is not made, that the dog will be des- troyed in a humane manner. (c) Unwanted Animals:. Any animal given to the Animal Control Division for disposal by the owner thereof may be destroyed or, in the alternative, sold to a bona fide purchaser pursuant to para- graph (a) subsections (1) and (2) of this section. (1) If the dog is less than six months of age, it may be sold for impoundment charge. Section 7. REDE11PTI0N: Redemption of an impounded dog by the owner shat 6 made by exhibiting to the Animal Control Division satisfactory proof of ownership and by paying the charges as herein- after provided: (a) Impoundment charge . . . . $5.00 (b) In addition to the above charge for i.m0oundment, the additional charge of Two Dollars 2.00) for each day or fraction thereof that the dog is impounded. Section B. LICENSE: Every person owing or keeping a dog six months i o age or more shall procure from the City of Tigard a license for each such dog, for each calendar year, or any part thereof. Such license shall be procured not later than :larch lst in any year, or within 30 days after the day upon which the dog is six months old, a Page 3. ORDINANCE NO. 58 or within 30 days after the day upon which the dog, if over six months of age, is first brought into Cii2 county; thereafter, such dog shall be licensed on a calendar basis from year to year. Section 9. LICENSE FEE: A dog license fee of $4.00 shall be c arge .—The said fee is due and ppayable upon the issuance of the license as required in Section 8. The said fees shall be for licensing during the current calendar year and shall not be prorated. Section 10. RABIES VACCINATION OF DOGS REQUIRED: As a condition to securing a license the -owner must present a certificate from a licensed veterinarian certifying that the animal has received a rabies immunization which will effectively protect said animal against this disease through the period of time covered by the license. Section 11. DELINQUENT LICENSE PENALTY: Any owner failing to pro- cure and pay for such l�.aense within the period provided for in Section S shall pay a delinquent penalty fnr such failure in the sum of Two Dollars ($2.00). Such penalty shall be in addition to the regular license fee and shall be paid at the time of the is- suance of the license, Section 12. DUPLICATE LICENSE: If a license tag, is lost, the c-a:;er may secure a duplicate license tag from the City of Tigard upon satisfactory proof of loss and payment of the sum of One Dollar ($1.00). Section 13. DISPLAY OF LICENSE TAG: The license tag issued to the owner sa e attacHeZI securely to a collar or harness on the dog for which issued at all times that the dog is not in- doors or in an enclosed pen. Section 14. EXCEPTIONS: Any dog owned and used by a blind person is e a xempt from the license fee while so owned and used, but is not exempt from being licensed or from any required rabies vaccination. Section 15. ANNUAL LICENSE FOR KENNEL DOGS. a y person, rm or corporation regularly en- gaged in the business of operating a kennel may pay an annual license fee in the sum of Twenty-Five ($25.00) Dollars to The City of Tigard. Such fee shall be in lieu of.all individual dog license fees imposed upon the dogs confined in said kennel. (b) This section shall apply only in the event all such dogs are owned by the kennel and are at all times confined to the premises. Section16, DOGS PROHIBITED IN CERTAIN AREAS: It shall be unlawful or the owner or.person aving control of any dog to suffer or permit the same, under any circumstances, to run at large in any public park, on any public school ground, in any public game refuge or in any public watershed area; and every dog found running at large in any of these areas shall be immediately seized and im- pounded. Section17. VICIOUS DOGS PROHxBITED: It shall be unlawful to Lep a angerous or vicious dog. Section 18. BITING DOGS TO BE REPORTED: a T e owner or of er person having custody or Pago 4. ORDINANCE NO. 68 - y control of a dog which bites a human being shall immediately notify the Department of Public Health of Washington County of such bite, giving the name and address of the person bitten, if known to him, and shall abide by the guarantine instructions .; given by the Department of Public Health. (b) Any person who is bitten b a dog shall forthwith notify the Department of Public Health 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 informa- tion that a person has been bitten by a dog, such person or hospital shall forthwith notify Washington County Department of Public Health. Section 19. U(UARANTIM: The Department of Public Health of 555E n`gt-o-n County is hereby authorized to promulgate 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 neces- sary to determine whether said dog has rabies. Section 20. CLAIMS FOR LIVESTOCI: KILLED OR INJURED: (a) The owner of an livestock, ducts, geese,or rabbits killed,by any dog way, within 10 days after the killing occurred, or became known to him, present to the City Council 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 keeper of the dog, if his name is known. The claim shall be supported by the affidavit of at least one dis- interested person as to all material facts contained in it. (b) All claims presented as provided by subsection (e) of this section shall be heard at the first regular meeting of the City Council after their presentation, or as soon thereafter as may be practicable. The board shall allow them, or any portion thereof that it deems.just. It shall file and enter a record of the value of such livestock so killed, and order a voucher drawn for the amount of damages thus found, to be paid by the City Treasurer out of the dog fund. If it deems the claim unjust, it shall dis- allow it and enter such fact upon its record. No claim shall be allowed where it appears that the injury or damage complained of was caused by a dog owned or controller: by the claimant or his agent. (c) In each case where a claim against the dog fund has been approved for payment by the City Council., the City of Tigard shall be subrogated to all the rights of the owner of the livestock killed against the owner of the dog for damages. The City Attorney shall proceed promptly, in a lawful way, to collect it. Any money so collected shall be paid aver immediately to the City Treasurer and credited to the dog fund. Lection 21. EFFECTIVE DATE: This ordinance shall be effective on and a ter t1e 1st day after its enactment by the City <' Council of the City of. Tigard, Oregon. Any person who has already obtained a current dog license prier to the effective date of this ordinance shall not be required to obtain another or additional license until January, 1969; All other provisions of this ordinance shall be in full force and Page S. ORDINANCE NO.68 177777 7_7 effect as herein lf::otrided. Section 22.22. SAVINGS- CLAUSE:CLAUSEIf any title, section subsection, phrase, clause, sentence or word of tAis ordinance r` sball for any reason be held invalid or unconstitutional by a court of competent jurisdiction, the remainder of the ordinance ' shall not be affected thereby and shall remain in full force and effect. Section 23. PENALTIES: (a) Violation of this ordinance shall be punished by a fine of not more than $100 or by imprisonment in the Municipal or County jail for not more than sixty days, or by both such fine and imprisonment. (b) In addition to any penalty imposed as provided- in paragraph (a)-of.this section, the Court may order the impound- ment or destruction of any dog found to be vicious. c_,a 2G_ RFPFAY OF CONFLICTING LAWS: uc. `— (a) All ordinances or statutes concerning the hereby re and d and d of claredstohat be ofeno��furthercforceeandhare effect hereby repealed and declared from and after the effective date of this ordinance. is { t PASSED: By the Council, by unanimous vote of all Council members present. after being read three times by number and title only, this _24th day of June, 1968. ecoY er - City lo Igar APPR(r=: By the Mayor, this 24th day of June, 1968. y0Y a G1Yy OL ar ..o Page 6. ORDINANCE N0. 68 Fk