City Municipal Code Results
ANIMALS
6.04 Domestic Livestock and Wild Animals
6.08 Dogs
Chapter 6.04 DOMESTIC LIVESTOCK AND WILD ANIMALS
Sections:
6.04.010 Definitions.
6.04.020 Compliance required.
6.04.030 Permit required.
6.04.040 Animals permitted without permit.
6.04.050 Exceptions--Conditions.
6.04.060 Milking goat kept for health reasons.
6.04.070 Stallions.
6.04.080 Pigs prohibited.
6.04.090 Fencing.
6.04.100 Carrying capacity.
6.04.110 Nuisance prohibited.
6.04.120 Injunction.
6.04.130 Violation--Penalty.
6.04.010 Definitions.
As used in this chapter:
"Domestic livestock" means and includes cattle, pigs, horses, sheep, goats, mules, donkeys, chickens, turkeys, geese, ducks, rabbits, and any other animal customarily domesticated and maintained in the customary practice of animal husbandry in the area, but shall exclude dogs, cats and other household pets.
"Wild animals" means all animals not customarily domesticated nor maintained in the customary practice of animal husbandry in the area, but shall exclude: (1) dogs; (2) cats; and (3) other household pets not having the ability to seriously injure a person. (Ord. 409 § 1, 1983)
6.04.020 Compliance required.
No person shall keep or maintain domestic livestock or wild animals within the city of Enterprise except in compliance with the terms and conditions of this chapter. (Ord. 409 § 2, 1983)
6.04.030 Permit required.
A. No person shall maintain wild animals or domestic livestock, other than those authorized without permit by Section 6.04.040, without first obtaining a permit from the city council of the city of Enterprise. Upon receipt of an application, the city recorder shall notify all adjacent landowners by first class mail not less than seven days prior to hearing of said application by the council.
B. No person shall maintain domestic livestock permitted by Section 6.04.040 violating the fencing, enclosure, area and numerical restrictions specified in Section 6.04.040 without obtaining a permit from the city council of the city of Enterprise.
C. The city council shall deny a permit application if the domestic livestock or wild animals cannot be kept as humanely, and with no greater impact, due to odor, noise or unsightly conditions, as domestic livestock kept in the numbers and pursuant to the restrictions of Section 6.04.040. No permit shall be issued if keeping the animals within the city would endanger the public health and safety. (Ord. 409 § 6 (part), 1983)
6.04.040 Animals permitted without permit.
The following domestic livestock may be kept and maintained within the city of Enterprise in accordance with the numerical limitations and other restrictions in this section without the necessity of obtaining a permit therefor:
A. Sheep and Goats. No sheep or goat may be kept within an enclosed pasture less than one-quarter acre in size and there shall be provided a minimum of five thousand (5,000) square feet per ewe and lamb or adult sheep and a minimum of five thousand (5,000) square feet per nanny and kid or adult goat. For purposes of this restriction, after weaning, a lamb or kid shall be considered an adult animal.
B. Cattle. One-half acre of enclosed pasture per cow and calf or adult cow shall be provided. For purposes of this restriction, a calf shall be considered an adult upon weaning.
C. Horses, Mules and Donkeys. One-half acre of enclosed pasture shall be provided for each mare and foal or adult horse, for each adult mule, for each jenny and foal or adult donkey. For purposes of this restriction, a foal shall be considered an adult upon weaning or attaining the age of six months, whichever first occurs.
D. Poultry and Fowl. No family shall keep in excess of twenty-five (25) chickens, two turkeys, two geese, and three ducks within a lot or parcel within the city of Enterprise and, further, the aggregate number of chickens, turkeys, geese and ducks shall not exceed twenty-five (25). Said poultry and fowl shall be kept within an enclosure and sited so as not to cause avoidable irritation due to noise or odor to owners of adjacent dwellings and animal wastes in connection therewith shall be regularly removed so as to avoid the creation of obnoxious odors. Shelter in the form of a chicken house or hutch shall be provided. No turkeys, geese, ducks or chickens shall be allowed to roam freely outside of said enclosure and said enclosure shall be separated from all dwelling units and yards surrounding the same.
E. Rabbits. Four rabbits are allowed per family in the city of Enterprise and said rabbits shall be kept within an enclosure under the same standards as specified in Subsection D of this section for ducks, geese, turkeys and chickens.
F. Bees. The keeping of bees is permitted during the winter season when they are dormant, but is prohibited during the period of the year when bees are active. (Ord. 409 § 4, 1983)
6.04.050 Exceptions--Conditions.
The council may authorize keeping of animals in numbers greater or areas smaller than that specified in Section 6.04.040 if agreed provisions for keeping the animals are appropriate to meet the standards specified in Section 6.04.030(C) herein and to protect the public peace, health, safety and welfare. The council may impose conditions appropriate to protect the public peace, health, safety and welfare and to implement the purposes of this chapter, including, but not limited to the following:
A. Minimum area for such animals;
B. Fencing standards or provisions;
C. Shelter provision, if appropriate;
D. Limitation upon the number of days which such animals may be kept. (Ord. 409 § 6 (part) , 1983)
6.04.060 Milking goat kept for health reasons.
Any person or persons shall be permitted to keep one milking goat without reference to the area restrictions specified in Section 6.04.040, upon furnishing to the city of Enterprise a statement from a duly licensed doctor that the milk of such goat is necessary for health purposes. Said goat shall be kept in such a fashion as not to subject adjacent dwellings to offensive odor or noise and said goat shall either be kept within an enclosure or otherwise restrained from leaving the lot or parcel where said goat shall be kept. (Ord. 409 § 9, 1983)
6.04.070 Stallions.
No stallion shall be kept within the city of Enterprise without owner thereof having obtained permit from the city of Enterprise authorizing the keeping of said stallion. (Ord. 409 § 5, 1983)
6.04.080 Pigs prohibited.
No person shall keep pigs within the city of Enterprise, and no permits shall be issued by the city council authorizing the keeping of pigs. (Ord. 409 § 10, 1983)
6.04.090 Fencing.
All domestic livestock or wild animals shall be kept within an enclosure, fenced in a manner adequate to contain animals being kept from all dwelling units and the yards surrounding the same. It shall be the responsibility of the owner of such domestic livestock or of wild animals to maintain the fence or other enclosure and the owner thereof shall be liable for any damage caused by escaping domestic livestock or wild animals. No electric fence shall be permitted within the city nor shall barbed wire fencing be used adjacent to a traveled public way. (Ord. 409 § 3, 1983)
6.04.100 Carrying capacity.
No person shall keep or maintain domestic livestock or wild animals within the city of Enterprise if the carrying capacity of the pasture upon which they are situate is exceeded. It shall be prima facie evidence that the carrying capacity is being exceeded if the vegetative cover of the pasture is not being maintained. (Ord. 409 § 7, 1983)
6.04.110 Nuisance prohibited.
No person shall maintain any domestic livestock or wild animals of a type or in such a manner as to cause unsightly condition, odor or frequent irritating noises of a type not associated with customary keeping of domestic livestock, nor in such a manner as to endanger the public peace, health, safety and welfare. Wild animals or domestic livestock kept in violation of this section are declared to be a public nuisance. (Ord. 409 § 8, 1983)
6.04.120 Injunction.
If any animal is kept within the city of Enterprise in violation of this chapter, the city may obtain an injunction requiring removal thereof if said animal has not been removed within ten (10) days of giving a notice demanding that the animal be removed. (Ord. 409 § 13, 1983)
6.04.130 Violation--Penalty.
Any person or persons violating any provisions of this chapter shall, upon conviction thereof, be fined in the sum of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or be imprisoned not more than one hundred (100) days, or both such fine and imprisonment. Each day of such violation shall be considered a separate offense. (Ord. 409 § 11, 1983)
Chapter 6.08 DOGS
Sections:
6.08.010 Title.
6.08.020 Purpose.
6.08.030 Definitions.
6.08.040 Enforcement authority.
6.08.050 Dog licenses.
6.08.060 Keeping unlicensed dogs.
6.08.070 Dogs running at large.
6.08.080 Nuisances.
6.08.090 Vicious and dangerous dogs.
6.08.100 Impoundment.
6.08.110 Damages to livestock.
6.08.120 Right to kill a dog.
6.08.130 Abandoned dogs.
6.08.140 Rabies vaccination.
6.08.150 Violation--Penalty.
6.08.010 Title.
This chapter shall be known as the "city of Enterprise dog control ordinances." (Ord. 452 § 1, 1992)
6.08.020 Purpose.
The purpose of this chapter is to provide for the safety and well-being of the citizens of the city of Enterprise by placing certain restrictions upon dogs. (Ord. 452 § 2, 1992)
6.08.030 Definitions.
A. Livestock. As used in this chapter, "livestock" means horses, cattle, sheep, goats, swine, ducks and geese, turkeys, chickens and fur-bearing animals reared and maintained commercially or otherwise, within pens, cages and hutches.
B. Running at Large. A dog is considered to be "running at large" when it is off or outside of the premises of the owner or keeper or not in company of and under the control of its owner or keeper.
C. Personal Property. Dogs are declared to be personal property.
D. Owner. For purposes of this chapter, all adult persons resident in a household in which a dog is kept shall be considered a joint owner thereof. (Ord. 462 § 1, 1993, Ord. 452 § 3, 1992)
6.08.040 Enforcement authority.
The city council may appoint a dog control officer who shall have authority to issue citations under this chapter and shall have all powers vested in the dog control officer. Any police officer for the city of Enterprise shall have all powers vested in a dog control officer hereunder. (Ord. 452 § 14, 1992)
6.08.050 Dog licenses.
Every owner of a dog within the city of Enterprise shall obtain a dog license from Wallowa County for each dog kept within the city. All of the requirements relating to licensing of dogs contained in Wallowa County ordinance are incorporated by reference, including without limiting the foregoing, the age at which license is required, the dogs exempted therefrom, the duration of a license and the time when a new license is required. The tag issued by Wallowa County will be fastened to a collar and be kept on the dog at all times when not in the immediate possession and control of the dog's owner. (Ord. 452 § 5, 1992)
6.08.060 Keeping unlicensed dogs.
It is unlawful to keep any dog required to be licensed by Section 6.08.050 without having a valid and current license from the county and license tag attached to the collar of said dog. (Ord. 452 § 13, 1992)
6.08.070 Dogs running at large.
It Is unlawful for any person owning or keeping a dog in the city of Enterprise to allow a dog to run at large, as the same is defined in Section 6.08.030. (Ord. 452 § 12, 1992)
6.08.080 Nuisances.
No person owning or having control, custody or possession of a dog shall allow the dog to be a nuisance. A dog is a nuisance if it bites a person or shows propensity to do so; habitually chases vehicles or persons; injures or kills livestock; damages or destroys property of others; scatters garbage; habitually trespasses on private property, other than the property of the owner; disturbs any person by frequent or long continued noises. In addition to the above, a female in heat running at large is considered a nuisance. The owner or person in control of the dog is responsible for the creation of the nuisance. (Ord. 452 § 6, 1992)
6.08.090 Vicious and dangerous dogs.
A. Upon the complaint of any interested person or of the dog control officer, a dog can be adjudged potentially dangerous by the municipal court. Said adjudication shall be made when there is evidence of prior threatening or aggressive behavior of a nature to warrant the conclusion that there is a danger that the dog will attack or injure a person. An animal so adjudged shall be restrained on his or her master's property or kept in a cage, kennel or adequate fenced area. Said determination shall be made after notice to the owner or keeper and an opportunity for hearing.
B. Upon complaint of any interested person or of the dog control officer, a dog who has previously attacked or bitten any person may be ordered destroyed by the municipal court upon a finding that such dog constitutes an unreasonable danger to the public. Said destruction shall be ordered only after notice and an opportunity for a hearing by the owner or keeper of said dog. The dog may be impounded pending such hearing.
C. Any person who, being the owner or having the control of any dangerous or vicious animal and knowing such animal to be dangerous or vicious, wilfully or negligently permits animal to be at large in any neighborhood or on any public highway shall be punished upon conviction by a fine or not less than ninety dollars ($90.00) nor more than five hundred dollars ($500.00). (Ord. 452 § 7, 1992)
6.08.100 Impoundment.
When a dog is found running at large or when a dog is a public nuisance or a vicious or dangerous dog, any police officer or dog control officer may impound it, Dogs so impounded will be held at least five days before disposing of the animal unless claimed by owner within this period. A notice of impoundment with the date of posting will be posted on the bulletin board of Enterprise City Hall.
If the dog is licensed and owner can be ascertained, a certified letter or telephone call will be used to personally inform the owner.
Until such time as adequate facilities are available to the city to hold the impounded dogs, dogs running at large will not be routinely impounded. The dog control officer shall act in accordance with the general directives of the council as to the circumstances in which dogs will be impounded; however, noncompliance with a directive of the council shall not render an impoundment unlawful if the same is made in compliance with the provisions of Section 6.08.040. (Ord. 452 § 15, 1992)
6.08.110 Damages to livestock.
A. The owner of any livestock which has been damaged by being wounded or killed by any dog shall have cause of action against the owner of the dog for the full amount of the damage. Such action may be tried as an action of law in any court of competent jurisdiction.
B. No person shall own, harbor or keep any dog with knowledge that it has killed or wounded any livestock. However, no person shell be liable for harboring such a dog, with knowledge that it has killed or wounded chickens, unless the owner fails to pay full damages for the chickens within three days after receipt of demand for such damages from the owner. (Ord. 452 § 8, 1992)
6.08.120 Right to kill a dog.
A. Except as provided in subsection C of this section, any dog, whether licensed or not, which, while off the premises of its owner, wounds or injures any livestock not belonging to the master of such dog, is a public nuisance and may be killed immediately. However, nothing in this section applies to any dog acting under the direction of its master or the agents or employees of such master.
B. If any dog not under the control of its owner or keeper is found chasing stock not the property of such owner or keeper, it shall be deemed prima facie as engaged in killing, wounding or injuring livestock.
C. No person shall kill any dog for killing, wounding, injuring or chasing chickens upon a public place, highway or within the corporate limits of any city. (Ord. 452 § 9, 1992)
6.08.130 Abandoned dogs.
The dog control officer will endeavor to find a home for stray or abandoned dogs. Such dogs must be licensed by the owner as required. Any person who wilfully abandons or deserts a dog, cat or other domestic animal shall be punished upon conviction by a fine of not more than five hundred dollars ($500.00). (Ord. 452 § 10, 1992)
6.08.140 Rabies vaccination.
The city council, upon the advice of the health officer, may order all dogs to be vaccinated. Failure to comply will result in the owner being cited for a misdemeanor. (Ord. 452 § 11, 1992)
6.08.150 Violation--Penalty.
A. Unless a different penalty is specifically prescribed, any person convicted of violating this chapter shall be fined as follows:
1st offense within one year
$30.00
2nd offense within one year
60.00
3rd offense within one year
90.00
B. For the purpose of the enhanced penalties provided by this section, a conviction of a person who is a joint owner under Section 6.08.030(D), for a violation due to an animal kept at the same household during the time the convicted person was resident in said household, shall be considered a prior offense of said convicted person.
C. The number of offenses within a year is determined by counting the prior offenses, for which a conviction was obtained, within the twelve (12) months preceding the date of the offense charged. The date of a prior offense rather than the date of conviction, shall be used in determining the enhanced penalties under this section. If multiple charges are pending they shall be adjudicated either concurrently or in chronological order of the date of the offense charged. Convictions under Ordinance 327 shall be utilized in determining the enhanced penalties under this section. (Ord. 462 § 2, 1993; Ord. 452 § 16, 1992)