CITY OF OAKLAND ORDINANCE 562

Transcription

1 CITY OF OAKLAND ORDINANCE 562 AN ORDINANCE DESCRIBING WILD AND DOMESTIC ANIMALS WITHIN THE CITY LIMITS; DESCRIBING NUISANCE VIOLATIONS PURSUANT TO THIS ORDINANCE AND PENALTIES WHEREAS, the City of Oakland finds it necessary to repeal certain ordinances that are no longer compatible with State Statutes; WHEREAS, the City of Oakland finds it necessary to permit Douglas County, Oregon to apply the Douglas County Animal Code within the corporate limits of Oakland to investigate violations or and enforce County Code, Title 6, Animals; NOW, THEREFORE, THE CITY OF OAKLAND, OREGON ORDAINS AS FOLLOWS: SECTION 1. ORDINANCE AMENDMENT AND REPEAL Ordinance #545 (March 2, 2010) is hereby repealed SECTION 2. DEFINITIONS: Except where the context indicates otherwise, the singular number includes the plural and the masculine gender includes the feminine, and the following definitions apply: Abandonment: leaving someone or something behind for others to look after, especially something meant to be personal responsibility. Animal: a living organism characterized by voluntary movement. Animals do not produce their own food but must eat other organisms to obtain it. They have nerves and muscles that aid in rapid, controlled movement around their environment. At Large: A dog, animal or livestock inside the corporate limits of the city, off the premises owned or controlled by the owner, person in charge or responsible for such animal, and not under complete control by the person. Authorized Representative: Officers and personnel named by City Council; City s Code Enforcement Officer, law enforcement officer or officers representing the city for purposes of ordinance enforcement and citations; herein the term chief of police shall also include any Code Enforcement Officer as designated by the city, including but not limited to the city recorder/administrator, city code enforcement officer, building official, fire marshal, county representative as determined the Council. Building: A permanent, four-sided, roofed structure built or used for the shelter or enclosure of persons, animals, chattels, or property of any kind. 1

2 Cat: A small carnivorous mammal (Felis catus or F. domesticus) Cattery: An establishment where cats are bred or cared for; or where they can be left while the owner is away; maintenance of more than 4 cats over the age of 3 months. Child: Any person less than 18 years of age. City: The City of Oakland. Council: The governing body of the city Dog: Any mammal, male or female, of the canidae family Domestic Animal: any animal kept as a pet or farm animal. Electronic Control Device: means any electrically powered device capable of restraining an animal without the use of a physical control device. Exotic animals: (1) Any lion, tiger, leopard, cheetah, ocelot or any other cat not indigenous to Oregon, except the species Felis catus (domestic cat); (2) Any monkey, ape, gorilla or other non-human primate; (3) Any wolf or any canine not indigenous to Oregon, except the species Canis familiaris (domestic dog); and (4) Any bear, except the American black bear (Ursus americanus). Farm animal: livestock living on property designated as a farm. Habitat: the natural conditions and environment in which an animal lives. Kennel: A establishment where dogs are bred and trained, or where they can be left while the owner is away. Leash: Any humane device constructed of rope, leather, chain or other sturdy material, not exceeding 10 feet in length, which is being held in the hand of a person capable of controlling the animal to which it is attached. Livestock: Includes but is not limited to cattle, sheep, horses, mules, miniature horses, goats, pygmy goats, ratite (such as ostrich, cassowary, emu, moa, etc.), or other animal including any furbearing animals bred and maintained commercially or otherwise on property or within pens, cages and hutches. 2

3 Owner: Any person who is the owner of a dog or other animal, has possessory right of property in a dog or other animal; harbors a dog or other animal, or has a dog or other animal in his care, possession, custody or control; or who knowingly permits a dog or other animal to remain on any premises occupied by the person. Person: A natural person, firm, partnership, association, or corporation Person in charge: an agent, occupant, lessee, tenant, contract purchaser or other person having possession or control of property or animal, or the supervision of activities on the property. Person responsible: means any or all of the following: 1. The owner of the property upon which exists the animal which causes a nuisance. 2. The person in charge of the property or animal which has become a nuisance. 3. The person who causes the nuisance to come into, or continue in, existence. Pigsty: a building or enclosure where pigs are kept Private Property: A tax lot as recorded in the records of Douglas County, Oregon regardless of the number of lots or record contained therein. Property Owner: Property owner as recorded with the Douglas County Assessor s Office and the City utility department to determine the last known address. Rooster: a male chicken (domestic fowl) Slaughterhouse: a place where animals are killed for their meat. Songbirds: Any of a large number of bird species in which the vocal organ is developed in such a way as to provide various sound notes commonly known as bird song. Wildlife: Pursuant to ORS , wildlife includes any animal that is not normally domesticated, but is not limited to, amphibians, antelope, beaver, bears, bobcats, cougars, coyotes, deer, elk, feral cats, turkeys, mink, skunks, moose, mountain goats, mountain sheep, raccoon, opossums, reptiles, foxes, nutria and squirrels. SECTION 3. ANIMALS AFFLICTED WITH A COMMUNICABLE DISEASE. No person shall permit an animal or bird owned or controlled by that person to be off the premises owned or controlled by such person (at large) if the animal or bird is afflicted with a communicable disease. 3

4 SECTION 4. ANIMAL WASTE MATTER. 1. No person owning or keeping an animal may allow such animal to deposit fecal waste matter on any property other than the property of the person owning or keeping the animal. 2. The offense shall be dismissed if the owner or keeper immediately removes the fecal waste. 3. A person who violates this Section shall, upon conviction, be fined not less than twentyfive dollars for a first offense ($25.00). For a second and/or subsequent offense within a one-year period, the fine shall be no less than one hundred ($100) or more than five hundred ($500). SECTION 5. REQUIREMENT FOR DOGS OFF THE OWNER S PREMISES Any dog off the premises owned or controlled by the dog s owner, shall be restrained by a leash or other physical/electronic control device, and shall not be permitted to be at-large within the City limits of Oakland. SECTION 6. ANIMALS DAMAGING PROPERTY 1. No person or person in charge shall permit any animal or livestock owned or controlled by such person, to cause damage or injury to gardens, flowerbeds, or other property belonging to another person within the corporate limits of Oakland 2. A person, or person in charge is deemed negligent per se for the action of an animal when it is at large and causes injury to a person, other animal or property. SECTION 7. OTHER NUISANCE BEHAVIOR Any animal is deemed a nuisance if it is determined by the City s Authorized Representative, Code Enforcement Officer, Animal Control Officer or a police officer that the animal: A. Has repeatedly made noise in such a manner as to annoy or disturb a reasonable person of normal sensitivities. B. Has been apprehended while at large more than three (3) times within three (3) months. C. Has injured or threatened a person or has damaged or destroyed property not owned by, or under the control of the dog/animal owner. D. Has bitten a person, or E. Has injured or killed a person or other animal while on property not owned or controlled by the dog/animal owner. 4

5 Such nuisance may be abated according to procedures set forth in Sections 8, 16, 17 and 18 of this ordinance. SECTION 8. IMPOUNDMENT BY COUNTY ANIMAL CONTROL All requirements for impoundment by Douglas County Animal Control are in effect within the city limits of Oakland. All persons are required to comply with orders and demands of the County s Animal Control Officer. SECTION 9. LIVESTOCK, ANIMALS AND POULTRY. 1. No person shall maintain a pigsty, slaughterhouse or tannery within the City, nor shall any person permit livestock owned by him or in his possession to run at large within the City of Oakland. 2. No person shall keep a rooster within the city limits. 3. No person shall keep swine within the City, except that this Ordinance shall not apply to swine being transported for commercial purposes. 4. No person may stake or picket a dog or livestock in or upon any of the streets, alleys, or public places of the city, or stake or picket any such animal so that it may go or graze upon the property of another, unless with the consent of the owner or occupant of such property. SECTION 10. PERMIT REQUIRED FOR ANIMALS AND POULTRY 1. Except for the purpose of commercial transportation, no person shall keep or have in his/her possession within the city of Oakland any horses, cattle, mules, sheep, goats, chickens, geese or similar animals or poultry, without first securing a permit for such animal from City Hall. 2. No person shall maintain a cattery or kennel within the city limits without first securing a permit for such enterprise from City Hall. 3. No permit shall be issued until and unless the City Code Enforcement Officer or City s Authorized Representative shall have received a completed written application on the form provided by the City. 4. An applicant for a permit shall submit a written statement of agreement signed by each and all property owners and residents living within 100 feet of the premises where the livestock or poultry will be kept. 5. A qualified applicant will be granted a permit by the City upon approval by the City Code Enforcement Officer or City s Authorized Representative, conditioned upon the right of any City official to inspect the premises at any reasonable time and the continued compliance with the standards set forth in this Section. 6. A Permit will be revoked upon any of the following: (a) Upon written request or petition of 25% or more of the property owners and/or residents whose property is within 100 feet of the permitted premises. Such request shall be filed with City Hall or the City Code Enforcement Officer. (b) Upon failure to maintain proper standards of housing and sanitation or upon failure to keep the premises free of accumulations of manure and debris. 5

6 (c) (d) Upon failure to carry out any reasonable orders issued by the City Code Enforcement Officer or City s Authorized Representative which may require action for proper sanitation and nuisance prevention. Upon failure to permit the inspection of the premises by the City Code Enforcement Officer or City s Authorized Representative at any reasonable time. 7. Upon revocation of a permit, the owner of the livestock or poultry shall be allowed seven (7) days in which to dispose of such animals or poultry. 8. Upon revocation of a permit, the owner of the livestock or poultry shall have the right to appeal to the City Council within five (5) days of the revocation notice by filing a written appeal at City Hall. Hearing on the appeal will be held at the next scheduled Council Meeting unless the Code Enforcement Officer or City s Authorized Representative deems the situation to be a threat to human health, safety or peace. Pending the hearing on the appeal, the revocation will held in abeyance. SECTION 11. ANIMAL-RELATED HABITATS and NUISANCES Animal-related habitats must be maintained in a condition as to not create a nuisance for neighbors. No excessive odors, noise, piles of animal waste or other nuisance that deprives a neighbor, or other person, of residential livability, peace, and quiet are allowed. Proper sanitation shall be maintained in conformance with applicable health standards for all animals. Proper sanitation includes: 1. Not allowing animal waste to accumulate. 2. Not allowing animal waste to contaminate groundwater or drainage ways. 3. Taking the necessary steps to insure odors resulting from animals are not detectable beyond the property line. 4. Storing all animal food in metal or other rodent-proof containers. SECTION 12. CONTROL OF LIVESTOCK AND ANIMALS. (1) All livestock must be fenced and under the control of the property owner or lessee at all times. All fencing must be maintained in a condition that keeps the livestock within the property. (2) The City Council is hereby authorized to issue permits to licensed trappers to rid the city of animals when such animals constitute a hazard or substantial inconvenience to any resident of the city, or cause or threaten to cause substantial damage to property or other animals. (3) Domestic animals may be trapped using non-injurious methods in those cases where such animals are found off the premises of the keeper or the identity of the keeper is indeterminable. All incidents of trapping shll be reported to the County Animal Control Officer. 6

7 SECTION 13. REMOVAL OF ANIMAL CARCASSES. No person may permit any animal carcass owned by him/her or under his/her control to remain exposed on private property for a period of time longer than is reasonably necessary to remove or dispose of such carcass. SECTION 14. RATS AND MICE. No person owning or occupying any property within the city shall allow a condition to exist upon the property that condition attracts wild rats or mice, gives wild rats or mice access to food, or creates shelter accessible to wild rats or mice. Such prohibited conditions shall include, but are not limited to the following: (1) Keeping of any animal so that feces, refuse, food or shelter associated with the keeping of the animal affords food or shelter to wild rats or mice. (2) Allowing any accumulation of rubbish, trash, junk or other material that by reason of its decayed or unused condition affords shelter to wild rats or mice. SECTION 15. WILDLIFE AND EXOTIC ANIMALS (1) Feeding of wildlife within the city limits of Oakland is declared a public nuisance and is prohibited at all times. Feeding of wildlife includes any manner by which a person allows food or other attractants to be placed on his/her property with the intent of attracting and/or feeding wildlife. (2) Nothing contained in this ordinance shall prohibit the feeding of songbirds provided the bird seed shall be contained in receptacles which are reasonably designed to avoid access by wildlife. The provisions of subsection (1) and subsection (2) of Section 15 shall not apply to wildlife and exotic animals in a humane environment under trained supervision for which a permit has been issued: a carnival, circus, or special event. The provisions of subsection (1) and subsection (2) of Section 15 shall not apply to livestock, wildlife and exotic animals in a humane environment located in facilities of the Oakland School District #1. (3) Abatement: in the event that any part of the city is experiencing the presence of wildlife populations that threaten the health and welfare or endanger the property of Oakland residents, the city shall take those steps authorized by the appropriate regulatory agency to disperse or otherwise control the offending wildlife. Should the City s Authorized Representative determine that feeders for songbirds are attracting wildlife, the city shall require that those persons remove feeders until such time that the wildlife disperse. (4) Failure to remove feeders within 24 hours from notification shall constitute a separate violation of this ordinance. 7

8 SECTION 16. SUMMARY ABATEMENT Any nuisance as described in this Ordinance may be classified as an imminent threat (impending danger) to the public health, safety or property of the residents of Oakland by the Council, and if such imminent threat is allowed to continue by the person or person in charge for a period of more than two (2) hours after notification by City s Authorized Representative staff for violation of this Ordinance, the person or person in charge shall be subject to the abatement procedure provided herein. SECTION 17. ABATEMENT OF NUISANCES (1) Notice to Abate: Upon determination by the Authorized Representative that a nuisance exists on any property, the City s Authorized Representative shall cause a notice to be mailed by first class to the person in charge of, the person responsible for and/or the owner of the property, animal or livestock. The City shall utilize the records of the Douglas County Assessor and the City utility department to determine the last known address of such person(s). An error in the name or address of such person(s) shall not make the notice invalid. The notice to abate shall contain: 1. A statement that a nuisance exists on the property; 2. A description of the real property, by street address or otherwise, on or adjacent to the location where the nuisance exists; 3. A direction to abate the nuisance within ten (10) days from the date of the notice; 4. A statement that unless the nuisance is abated within ten (10) days from the date of the notice the City will abate the nuisance and will charge the costs of abatement to the property owner; 5. A statement that the person in charge of or the person responsible for the property and/or the owner of the property, animal or livestock may protest the abatement by giving notice to the City s Authorized Representative within five (5) days from the date of the notice. (2) Abatement by the Owner: (a) Within the time allowed in this Ordinance the owner or the person in charge of or the person responsible for the property, animal or livestock shall remove the nuisance or show proof that no nuisance exists. (b) A person protesting that no nuisance in fact exists may appeal the decision to the City Council by filing a written Notice of Appeal with the City Recorder within five (5) days from the date of the City s Authorized Representative s notice to abate. (c) If the Council determines that a nuisance does, in fact exist, the owner or person in charge of, or person responsible for the property shall, within five (5) days after the Council determination, abate the nuisance. 8

9 (3) Abatement by the City: (a) If the nuisance has not been removed within the time permitted, the City s Authorized Representative shall cause the nuisance to be abated. The City official charged with abatement shall have the right to enter into unenclosed areas of the property to investigate or cause the abatement of the nuisance. If the owner, person in charge or person responsible, objects to the official entering the property, the official shall first seek an administrative warrant from the Oakland Municipal Court before entering the property. (b) The cost of abatement shall be charged at actual costs incurred by the City including, but not limited to, costs for abatement of the nuisance, administrative costs for abatement and certified mail costs. (c) Assessment of Costs: The City s Authorized Representative shall forward to the owner or person in charge of or person responsible for the property, a notice stating the total amount of the cost of abatement by both first class and certified mail, return receipt requested. (d) If the owner or person in charge of or person responsible for the property does not pay the costs of the abatement within thirty (30) days from the date of the notice of costs, the City may take whatever lawful means available to collect the costs, including assessing the abatement costs as a lien against the property as provided in the City s ordinances regarding nuisances. (4) Nuisance Violations: The conditions described in this Ordinance are nuisances affecting the public and shall be abated pursuant to procedures set forth in this and other City Ordinances pertaining to nuisances. In addition to the abatement costs which may be charged against the property as described herein, owners, persons in charge of property or animals causing a nuisance and persons responsible for property or animals causing a nuisance, and persons responsible for property or animals where such nuisance exists may also be charged with an offense. The requirement to abate a nuisance is not a penalty for violating this Ordinance or other City Ordinance, but is an additional remedy. Abatement proceedings and prosecution of a nuisance may occur simultaneously. The imposition of a penalty does not relieve the owner, person in charge, or person responsible of the duty to abate the nuisance; however, abatement by such persons within ten (10) days of the date of notice to abate, or if a written protest has been filed, then abatement within five (5) days of the Council determination that a nuisance exists, may be considered by the court in sentencing violators. SECTION 18. VIOLATION, CITATION AND PENALTIES. Any person violating any provision of this ordinance may be issued a citation requiring an appearance before the Judge of the Municipal Court at a time and place certain. In the event the person fails to comply with the terms of the citation, a warrant of arrest may be issued. 9

10 (1) Except as noted in a specific Section, violation of Sections 3 through 15, except Section 4, shall be punishable upon conviction by a fine not to exceed $ for a first time violation and a fine not to exceed $1,000 for each subsequent offense. (2) The penalties imposed by this Ordinance are not exclusive and are in addition to any other remedies available under city ordinance or state statute. SECTION 19. SEPARATE VIOLATIONS. (1) Each day s violation of a provision of this ordinance constitutes a separate offense. (2) The abatement of a nuisance is not a penalty for violating this ordinance but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate a nuisance. SECTION 20. SEVERABILITY. The sections and subsections of this ordinance are severable. It being the intent of the City Council to enact this Ordinance, notwithstanding any parts declared invalid or unconstitutional, if any section, subsection, paragraph, or provisions of this Ordinance is so declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect or invalidate the remaining portions of this Ordinance. Passed by the Common Council this 1 st day of July SIGNED BY ATTEST BY: Bette Keehley, Mayor Terri A Long 10