Animals

City of Ione Dog Ordinance

Public Safety Section
Ordinance PS-1 – 2007

AN ORDINANCE, Regulating the keeping of dogs within the limits of the City of Ione, Oregon.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF IONE, OREGON.

Section 1. Summary:

This ordinance of the City of Ione regulates the keeping of dogs and to prevent any and all dogs from running at large within the city or any part thereof, and to punish those who allow animals to run at large. To provide for the licensing of dogs and the collection of such license fees as relating to these animals.

Section 2. Scope:

This ordinance shall apply to all persons who own land and/or reside within the city limits of the City of Ione, and to all persons, resident and non-residents whose dogs may be labeled as nuisance under this ordinance, or caught running loose within the city limits of the City of Ione.

Section 3. Definitions:

All captions used here in are intended solely for a convenience of reference and shall in no way limit any of the provisions of this ordinance.

Allow: To neglect to restrain, or permit.

Attempts to bite: The overt actions of a dog which constitute a substantial step towards the actual biting of one or more persons.

City: The City of Ione, Oregon, a municipal corporation.

Court: A court of law having jurisdiction of charter and ordinance violations of the City of Ione.

Kennel: Any lot or premises on which four or more adult dogs are kept, whether by owners of the animals or by persons providing facilities and care, whether or not for compensation. An adult dog is one which has reached the age of six months.

Owner: Any person having a right of property in a dog or who harbors a dog or who has it in his care, or acts as its custodian, or who knowingly permits a dog to remain on or about the premises occupied by him.

Running at Large: Any dog shall be considered running at large when it is off or outside of the premises belonging to the owner or keeper of such dog, or not under the control of its owner or keeper by means of a leash, obeyed verbal control or contained in or on any vehicle.

Unlicensed: Any dog not wearing a current dog license as provided for in this ordinance.

Section 4. Dogs considered personal property:

Dogs are hereby declared to be personal property.

Section 5. Dogs not allowed in City Parks during the 4th of July Celebrations.

The only exceptions to this would be any dog used primarily as a guide dog for a blind or deaf person or any such service dog.

Section 6. Dangerous Animals:

Any animal, wild mammal, reptile or fowl which is not naturally tame or gentle, but is of a wild nature or disposition or which, because of its size, vicious nature or other characteristics, would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters. Dangerous animals include, but are not limited to: (a) dogs commonly referred to as pit bulls of any of the following breeds: American Staffordshire terrier, bull terrier, Staffordshire terrier, American pit bull and mixtures containing these breeds.

No person shall own, keep or harbor any dangerous animal in the city. (Ord. 494-92, 5-11-1992)

Exceptions; Bond or Insurance Required:

Exceptions Enumerated: The provisions of Section 6 shall not apply to the following situation:

A. Licensing Conditions, Requirements: The City Recorder may issue a dangerous animal license for the keeping or maintenance of those animals, identified in Section 6 for a period of one year, and may renew the license for subsequent on year periods if it is found by the Animal Control Officer, after inspection of the premises where the animals are to be kept, that:

  1. The animal is at all time kept or maintained in a safe manner and is at all times confined securely so that keeping the animal will not constitute danger to human life or property;
  2. Adequate safeguards are made to prevent unauthorized access to the animal by a member of the public;
  3. The health and well-being of the animal is not in any way endangered by the manner of keeping or confinement;
  4. The keeping of the animal will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood;
  5. The quarters in which the animal is kept or confined are adequately lighted and ventilated and are so constructed that the animal can be kept in a clean and sanitary condition;
  6. The keeping of the animal will not create or cause offensive odors or in any way constitute a danger to public health;
  7. The animal is muzzled and leashed or securely confined within a cage when off the owner’s premises; when on the owner’s premises, the animal is kept inside the house or securely penned; and
  8. The applicant for such license has proven ability to respond in damages up to and including the amount of five hundred thousand dollars ($500,000.00) for bodily injury or death to any person or for damage to property owned by any other person which may result from the keeping or maintenance of such animal. Such proof of ability to respond in damages may be given by filing with the City Recorder a certificate of insurance stating that the applicant is, at the time of this application, and will be during the period of his license, insured against liability for personal and property damages as described in this subsection or by posting a bond with the City Recorder prior to the issuing of the dangerous animal license and operative to the time of the license in the amount of five hundred thousand dollars ($500,000.00). The bond or certificate of insurance shall provide no cancellation of insurance or bond will be made unless thirty (30) days’ written notice is first given to the City Recorder, the license shall be immediately cancelled.

B. Inspection of Premises: Prior to the annual renewal of a dangerous animal license, the Animal Control Officer shall inspect the premises subject to the license to determine if the person to whom it has been issued is continuing to comply with all of the conditions specified in this Section. In addition, the Animal Control Officer shall have to the authority to inspect the premises upon the receipt of any complaint regarding the maintenance of such premises or the animals therein. If the Officer determines, during the inspection, that any of the conditions specified are being violated, he shall refuse to renew that license or shall revoke the license unless the violation is corrected with a period of time as he shall direct, not to exceed thirty (30) days.

C. License Fee: In addition to the requirements of Section 6-A, the applicant for a dangerous animal license shall pay to the City Recorder a fee of one hundred dollars ($100.00) for each animal license issued and maintained under this Section.

D. Number Restricted: In no event shall a dangerous animal license be issued or renewed for the keeping of more than two (2) dangerous animals in any single location. (Ord. 494-92, 5-11-92)

E. Investigation and Notice of Keeping Dangerous Animals: Upon the written or telephone complaint of any person that a person owns or is keeping or harboring a dangerous animal on premises in the City the Animal Control Officer shall forthwith cause the matter to be investigated and if, after investigation, the facts indicate that such person is in fact the owner or is keeping or harboring any dangerous animal in the City, he shall forthwith send written notice to such person requiring such person to safely remove said animal from the City within three(3) days of the date of said notice. Notice shall not be required where the dangerous animal has previously caused serious physical harm or death to any person or has escaped and is at large, in which case the Animal Control Office shall cause the animal to be immediately seized and impounded according to the provisions of Section 13-E.

Section 7. Dog License, Tags and Fees:

  1. Every person owning or keeping any dog in the City which is six months old, shall, within ten (10) days after he brings or keeps any such dog within the City, procure from the City, a license for the dog by paying to the City Recorder the following license fee.
  2. The standard licensing fee is $12.00 per dog per year. This dog license shall entitle such person to keep the licensed dog within the city limits of Ione for the lifetime of the dog. Applicant will also have to provide proof of current rabies inoculation prior to application.
  3. The standard licensing period shall begin with the first day of the fiscal year, January 1st, and shall run for one (1) year. Prorating of license fees is not available. License renewal may be applied for within sixty (60) days prior to the expiration date. New residents must apply for a license within ten (10) days of establishing residence.
  4. At the time of licensing, the applicant shall furnish information for such dog to include breed, coloring, sex, and name.
  5. The City shall, at time of issuing a license, supply the licensee, at no additional charge, with a suitable identification tag, which shall be fastened by the licensee to a collar and worn about the neck of the dog at all times. The tag will be of a durable substance, upon which appears the name of the City and the number of such license.
  6. Any owner of a dog failing to comply with a provision of this ordinance shall be guilty of a violation.

Section 8. Inoculation Required:

At the time of licensing, the owner shall provide proof that the dog has been inoculated against rabies within two years prior to application of the license. A copy of such proof shall be kept on file with the City until the expiration thereof.

Section 9. Exemption from Fees:

Any dog used primarily as a guide dog for a blind or deaf person or any such service dog shall be licensed at not cost to the owner.

Section 10. Dogs Running at Large:

Every person owning a dog shall ensure that such dog does not run at large in the City. Any person owning a dog running at large in the City shall be guilty of a violation of the ordinance.

Section 11. Nuisance Dogs:

A dog shall be declared a public nuisance if it:

A. Bites or attempts to bite one or more persons.

B. Chases a vehicle or person.

C. Damages or destroys property of a person other than the owner of the dog.

D. Scatters garbage or is in a city park during the 4th of July celebrations.

E. Trespasses on private property of person(s) other than the owner of the dog.

F. Disturbs any person by frequent or prolonged noises; or is a female in heat and running at large.

The owner of a dog shall be guilty of a violation if his dog is a public nuisance under these guidelines.

Section 12. Defenses to a Dog as a Public Nuisance:

In a prosecution under the above guidelines, it is an affirmative defense that:

A. The dog’s owner did not allow the dog to be a public nuisance.

B. The dog bites or attempts to bite a person wrongfully provoking or assaulting the dog or dog’s owner.

C. The dog bites a person or attempts to bite a person trespassing upon premises occupied by the dog’s owner.

Affirmative defense means that the defendant has the burden of proving the defense by a preponderance of the evidence.

Section 13. Penalties:

  1. Violation, when a dog is a public nuisance, this is punishable by a fine of not more than two hundred and fifty (250) dollars, but not less than twenty-five (25) dollars for the first violation, and not less than fifty (50) dollars for each additional violation. In addition to any fines, if a dog has been found to be a public nuisance according to this ordinance, the court may order such disposition of the dog as the court considers necessary for the safety or health of the public.
  2. Violation of Section 6, A and C, dog licenses, tags and fees, is punishable by a fine of ten (10) dollars per month, per dog, that the dog remains unlicensed. All fines and fees are payable before a license will be issued.
  3. Violation of Section 10, Dogs running at large, is punishable by a fine of not more than two hundred fifty (250) dollars, but not less than ten (10) dollars for the first violation, and not less than twenty-five (25) dollars for each additional violation.
  4. Minors, Parental Responsibility: It shall be no defense of any violation of this Ordinance when the true or registered owner of a dog is of such minor age as to prohibit his appearance to answer such charges in court, and upon such occurrence, the parent or guardian of such minor owner shall be required to appear in his stead and assume the full responsibility for action of their minor owner.
  5. Impoundment:

    1. A dog found running at large may be impounded by the city, and restrained in the city’s designated animal shelter. Within a reasonable time following the impounding of a dog, the city shall make every reasonable effort to notify the keeper of the dog and inform the keeper of the dog of the conditions for release of the animal. Any animal not claimed by the keeper of the dog within a period of five full days in which the shelter if open to the public shall become the property of the city.
    2. In the event the city determines a dog to be a menacing animal or public nuisance as defined, the city may impound the dog from the premises of the keeper of the dog to prevent further attacks on domestic animals or humans.
    3. Disposal of an animal by any method specified herein does not relive the keeper of the dog of liability for violations and any accrued charges.
  6. Redemption
  7. Any animal impounded may be redeemed by the keeper of the dog thereof within five days of impounding upon payment of an impoundment fee.
  8. Any animal confined for rabies quarantine, evidence, menacing or public nuisance as defined, or other purposes may be redeemed by the keeper of the dog, after release is authorized by the investigating Animal Control Officer or City Recorder, upon payment of an impoundment fee, which may include all associated costs at the impoundment or veterinary facility.
  9. No animal required to be licensed or vaccinated under this chapter may be redeemed until the animal has been vaccinated and the appropriate license has been issued by the city.

Section 14. Application to Prior and Subsequent Action:

This ordinance shall not apply to or govern the construction of or punishment for any dog control offense committed before this ordinance goes into effect, or the construction and application of any defense to a prosecution for such an offense.

Section 15. Amendment of Fees:

The fees set out in Sections 6C-7 and 13 of this ordinance may be amended by resolution of the City Council from time to time.