As used in this chapter:
A. "Owner of property" means any person who has legal or equitable interest in said real property or who has a possessory interest therein, or who resides on the property, or is a guest of any person who owns, rents or leases said property.
"Running at large" means that a dog is off leash outside of 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, except if the dog is:
(a) Being used to legally hunt, chase or tree wildlife while under the supervision of the keeper;
(b) Being used to control or protect livestock or for other activities related to agriculture; or
(c) Within any part of a vehicle.
(Ord. 2011-06 § 1, 2011.)
It shall be the duty of the Sandy City Police Department or its authorized agent to enforce the provisions of this chapter. (Ord. 2011-06 § 2, 2011.)
It is determined as a matter of policy that any dog running at large in the city is a nuisance per se.
6.04.035 Removal of animal wastes from public areas.
Any person in physical possession or control of any animal in a public place shall remove excrement or other solid waste deposited by the animal in any public area not designed to receive those wastes, including but not limited to streets, sidewalks, parking strips and public parks. (Ord. 2011-06 § 3, 2011.)
6.04.040 Dogs not to be at large.
It is unlawful for any person, firm or corporation being the owner or keeper of any dog to permit any such dog to run at large, as defined in this chapter, upon any public street, highway or public place, including but not limited to parks and other city right of ways, or upon private property owned by a person or persons other than the owner or keeper of the dogs, within the city limits. (Ord. 2011-06 § 4, 2011.)
6.04.045 Dangerous or Aggressive Animals.
A. A dog shall be classified as aggressive if it bites, causes physical injury, or otherwise threatens or endangers the safety of any person or domestic animal while it is at large, or it is off the property of the owner but not restrained or contained in a manner that would reasonably prevent incidental contact by any person, or it is in or on a motor vehicle and not restrained or otherwise physically prevented from reaching any area outside the perimeter of the vehicle.
B. A dog shall be classified as dangerous if it causes the serious physical injury or death of any person, or while at large or off the property of the owner it kills any domestic animal or an aggressive dog causes physical injury to any person after the owner has received notice of the aggressive dog classification because of causing physical injury to a person.
C. A dog shall not be classified as dangerous or aggressive, even if the dog has engaged in these behaviors, upon a determination that the behavior was caused by abuse or torment of the dog, or criminal activity on the part of any victim.
D. No dog shall be found to be dangerous or aggressive if it is a dog trained for law enforcement purposes and is on duty under the control of a peace officer.
E. It is unlawful for any person, firm or corporation being the owner or keeper of any dog to fail to secure, contain, or control said dog that acts in a Dangerous or Aggressive manner in violation of this section.
Every person owning or keeping any dog which has a set of permanent canine teeth shall, not later than March 1st of each year, or within thirty days after he becomes owner or keeper of such dog, obtain from the county a license for such dog by paying to the county a license fee as established by state law. The owner or keeper of each dog so licensed shall attach the license tag issued to such dog to a collar, which collar shall be worn by such dog at all times. (Ord. 2011-06 § 5, 2011.)
Any member of the Sandy City Police Department or its authorized agent is authorized to impound any dog found running at large as defined in this chapter or found to be unlicensed. (Ord. 2011-06 § 6, 2011.)
6.04.070 Seizing certain dogs.
A dog found biting a person or which has bitten any person may be summarily seized by the Sandy City Police Department or its authorized agent, or any person who assumes the risks associated with seizing a biting dog and does so for the purpose of public safety and promptly delivered to any member of the Sandy City Police Department for impounding. (Ord. 2011-06 § 7, 2011.)
6.04.080 Killing rabid dogs.
A person who reasonably suspects a dog to be rabid shall contact the Sandy City Police Department or any other appropriate animal services agency and report the condition and location of the dog. If a dog that is reasonably suspected to be rabid presents an immediate public safety risk to people or animals, a person(s) is authorized to subdue the dog by physical force or kill the dog if absolutely necessary for public safety. (Ord. 2011-06 § 8, 2011.)
6.04.090 Pound regulations.
Dogs impounded under the authority of this chapter may be temporarily impounded for a period not to exceed twelve hours in city dog pound facilities found acceptable by Clackamas County. All impoundment in excess of twelve hours, except in the event of an injured or sick dog pursuant to this chapter, shall be in the Clackamas County dog facility and such impoundment shall be subject to the pound regulations of Clackamas County. (Ord. 2011-06 § 9, 2011.)
6.04.110 Interference with officer.
It is unlawful for any person to interfere in any way with any police officer or dog control officer of the city engaged in seizing or impounding any dog under authority of this chapter. (Ord. 2011-06 § 11, 2011.)
6.04.120 Injured or sick dogs.
A. The Sandy City Police Department shall make diligent effort to locate the owner or keeper of a dog in need of medical attention before authorizing such medical attention or disposal of said dog.
B. Should the member of the police department authorize the necessary medical attention, then and in that event the owner or keeper of said dog shall be liable for the costs of the medical treatment rendered to said animal.
C. The member of the Sandy City Police Department who impounds any dog that is in need of medical attention may in his/her discretion:
1. Authorize the necessary medical attention, or
2. Have the dog humanely euthanized.(Ord. 2011-06 § 12, 2011.)
Violation of this chapter is deemed to be a Class C infraction. (Ord. 2011-06 § 13, 2011.)
6.08.010 Keeping prohibited-Exception.
It is unlawful for any person to keep, maintain, possess or harbor on any property within the city any apiary, livestock or fowl such as, but not limited to horses, mules, donkeys, burros, cattle, sheep, goats, swine, chickens, geese, ducks, turkeys, doves or pigeons unless the owner or possessor provides facilities which will reasonably assure the city that the premises will be maintained in a sanitary condition, free from offensive odors, excessive noise or any other conditions which constitute a public nuisance as defined in Title 8 of this code.
It is unlawful for anyone to maintain any apiary, livestock or fowl that interferes with the reasonable and comfortable use of the property of others. (Ord. 8-74 § 1, 1974.)
6.08.030 Nuisances designated.
Any barn, pen, corral, coop, yard, kennel or other enclosure or appurtenance thereof in which any animal, livestock or fowl shall be kept, or any other place within the city in which manure or other discharges of animals, livestock or fowl shall accumulate, and which is maintained in an unsanitary condition, allowing an offensive odor to escape therefrom, or providing an insect or rodent attractant, is deemed a nuisance and prohibited. (Ord. 8-74 § 3, 1974.)
A person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by imprisonment in jail for a period not to exceed one hundred twenty days, or by fine not to exceed five hundred dollars, or by both. (Ord. 8-74 § 4, 1974.)
6.08.050 Continuing violations.
Each day's violation of a provision of this chapter constitutes a separate offense. (Ord. 8-74 § 5, 1974.)
1. For statutory provisions regarding dog licensing and control, see ORS 609.010 et seq.
2. For further provisions regarding animal nuisances, see Chapter 8.08 of this code