HomeMy WebLinkAbout3112 Amending 9.16 Dog Licensing & Behaviors
ORDINANCE NO
AN ORDINANCE AMENDING AMC CHAPTER 9.16
TO REQUIRE DOG LICENSING AND DECLARE CERTAIN
DOG BEHAVIORS TO BE PUBLIC NUISANCES
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined throu and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, preventing the possible spread of rabies and fostering compliance with the dog
licensing requirements of Jackson County, Oregon and other jurisdictions would benefit the
citizens of Ashland; and
WHEREAS, better defining the behaviors of dogs that constitute a public nuisance in the City of
Ashland would benefit the citizens of Ashland,
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.16 Nuisance Dogs is hereby amended to read as follows:
9.16.005 Definitions
The following words and phrases whenever used in this chapter shall be construed as
defined in this section.
A. "Keeper" means a person who owns, harbors or has charge, control, custody or
possession of a dog.
B. "Service animal" means an animal that is individually trained to perform tasks for a
person with a disability and trained to obey the commands of its keeper. A pet,
companion, or therapy animal is not a service animal unless the animal has successfully
completed such training. The tasks may include, but are not limited to, guiding a
person who is visually impaired or blind; alerting a person who is deaf or hard of
hearing; pulling a wheelchair; assisting with mobility or balance; alerting and
protecting a person who is having a seizure, retrieving objects, or performing other
special tasks.
C. "Obstructs" means occupies sidewalk space so as to constrict uninhibited pedestrian
passageway to a width of less than six (6) feet without a City permit.
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D. "Menaces" means lunging, growling, snarling or other behavior by a dog that would
cause a reasonable person to fear for the person's safety.
E. "Runs at large" means that a dog is off or outside the premises from which the
keeper of the dog may lawfully exclude others, or is not in the company of and under
the control of its keeper.
F. "Potentially dangerous dog" means:
(1) without provocation and while not on premises from which the keeper may
lawfully exclude others, menaces the person;
(2) without provocation, inflicts physical iniurv on a person that is less severe than a
serious physical injury; or
(3) without provocation and while not on premises from which the keeper may
lawfully exclude others, inflicts physical iniury on or kills a
companion animal or livestock as defined in ORS 8 164.055(2).
G. "Serious physical iniury" has the meaning given that term in ORS 161.015.
9.16.010 Control Required
All dogs must be confined by fence, leash, or obedience training to the property of the person
owning, harboring or having the charge, care, control, custody or possession of such dog;
however, it shall be permissible for a dog to be confined by fence, leash or obedience training to
the property of another if such other person has given express permission. Provided, however,
that the City Council may, in its discretion, designate certain areas within the City where dogs
may be permitted to run free while under the owner's or keeper's control. Control required
Violation of this section is a Class IV violation.
9.16.015 Dog License Required
A. Except as provided in 9.16.01513 or C, a dog under the control of its keeper must be
currently licensed pursuant to the applicable rules and regulations of the countv or city
where the keeper of the dog resides.
(1) Except when a dog is confined to its keeper's premises or displayed in exhibition, its
license tag, or other proof of licensing, must be attached securely to a collar or harness
on the dog.
(2) A license issued for a particular dog may not be transferred to a different dog or
affixed to a collar or harness of a different dog.
(3) It is unlawful for any person to steal or remove the license tag from any dog.
B. The requirement in 9.16.015A for licensing a dog may be satisfied if the keeper presents
a current, valid rabies vaccination certificate for such dog upon request from a City of
Ashland law enforcement officer. A citation for violation of the dog licensing requirement
in 9.16.015A shall be dismissed if the dog's keeper subsequently presents to City of Ashland
Municipal Court a valid rabies vaccination certificate for such dog that was current when
the citation was issued.
C. The license requirement in 9.16.015A does not apply to a dog that is less than six (6)
months old.
D. Violation of this section is a Class IV violation and is subiect to laws and rules for a
municipal court appearance and the enforcement of Persistent Violations, AMC 10.120.
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9.16.020 Vieious Potentially Dangerous Dogs - Control Required
Any dog that A vieieus er dangefetts to the safety of pefsens potentially dangerous dog must
be confined by enclosure or a leash to property of its owner or keeper. Vicious degS ^0fltfe
fequi Violation of this section is a Class I violation.
9.16.030 Dog - Control Required When in Car or Truck
It is permissible for a dog to be confined to a car or truck, which is owned by its owner or
keeper, and such confinement may be either by physical means or by obedience training. The
duration and circumstances of the confinement shall be consistent with minimum care for the
animal under Oregon statutes protecting animals from mistreatment or abuse.
9.16.040 Leash Required
Any dog not confined to property as set forth above in this chapter and which is on either public
or private property must be on a leash not longer than six (6) feet in length. Leash r-equif
Violation of this section is a Class IV violation.
9.16.050 Unattended Dogs
Dogs not on private property as described above must always be attended by their owner or
persons having the custody of such dog; and, it shall be unlawful for any person to tie or permit
to be tied a dog or any other animal to any tree, hydrant, railing, or other object on the public
property of the City of Ashland. Violation of this section is a Class IV
violation.
9.16.055 Removal of Dog Waste
Any person, with the exception of a sightless person, responsible for any dog, shall be in
possession of tools for the removal of, and shall remove, excrement deposited by the dog:
A. In any public area not designated to receive those wastes, including but not limited to
streets, sidewalks, parking strips, the Plaza islands, city parks and trails or roads paralleling
ditches, swales, culverts, canals and similar facilities owned or operated by the Talent
Irrigation District or the City of Ashland, or
B. On any private property. It is an affirmative defense to a prosecution on any charge under
this subsection that the property owner or person in charge of the property consented to such
use of the property.
Removalof dee waste Violation of this section is a Class IV violation.
9.16.060 Dogs - City Parks or Plaza Islands
Dogs, except for service animals, are not permitted in any of the eit3F City parks or the Plaza
islands under any condition except as provided in section 9.16.030; except that the Ashland
Parks Commission may designate certain defined area within such parks where dogs may be
allowed on a leash which conforms to the above requirement; and except that a person may walk
a dog on a lease through the Plaza islands if the dog remains on the paved portions of the Plaza
fef the pufposes of this Chaptef means an), anifnal that is tfaiiied to
islands. "Sen4ee animal"
peffefm tasks f6f an individual with a disability. The tasks may ineltfde, bUt afe HE)t lifflited te,
b b
heafing, pulling a > assistiiig with ffiebility of >
having whe is b objeets, of b
Ordinance No. Page 3 of 5
pegs City Pafks ^r Plaza fisla ds Violation of this section is a
Class IV violation.
9.16.065 Dogs - City Cemeteries
Dogs, except for service animals, with the exeeption of seeing eye , are not permitted in
,s eity eemeteries Violation of this section
any of the City cemeteries under any condition. Dog
is a Class IV violation.
9.16.070 Dogs - Public Nuisance.
A. The following behavior by any dog or wolf-dog hybrid within the City limits of Ashland
constitutes an unlawful public nuisance:
1) A dog repeatedly runs at large;
2) A dog bites a person or another domestic animal;
3) A dog menaces a pedestrian or passerby;
4) A dog repeatedly chases vehicles or persons;
5) A dog damages or destroys property of persons other than the owners or keepers of
the dog;
6) A dog repeatedly scatters garbage;
7) A dog repeatedly trespasses on private property of persons other than the keeper of
the dog;
8) A dog excessively makes disturbing noises, including, but not limited to continued
and repeated howling, barking, whining for more than ten (10) minutes or intermittent
barking for more than thirty (30) minutes in a sixty (60) minute period, causing
unreasonable annoyance, disturbance, or discomfort to neighbors or others in close
proximity to the property of the keeper. If the barking is caused by the continued
presence of a cat or the presence of predators such as coyotes, or deer, or other wildlife,
or by a person intentionally taunting the dog, then the dog is not a public nuisance;
9) A dog obstructs a City sidewalk;
B. It is unlawful for anv keeper of a dog to permit such dog to be a public nuisance as
described and is a Class IV violation.
SECTION 2. Savings. Notwithstanding this amendment, the City ordinances in existence at the
time any criminal or civil enforcement actions were commenced, shall remain valid and in full
force and effect for purposes of all cases filed or commenced during the times said ordinances(s)
or portions thereof were operative. This section simply clarifies the existing situation that
nothing in this Ordinance affects the validity of prosecutions commenced and continued under
the laws in effect at the time the matters were originally filed.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
Ordinance No. Page 4 of 5
that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the -day of 2015,
and dul PASSED and ADOPTED this f 7 day of 2015.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of 015.
Jo Stromberg, Mayor
Revi ed as to form:
David H. Lohman, ity Attorney
Ordinance No. Page 5 of 5