Chapter 6.04
DOGS

Sections:

6.04.010    Dog license required.

6.04.015    Number of dogs permitted.

6.04.020    Dog at large.

6.04.050    Impoundment authorized.

6.04.087    Dog park exemption.

6.04.090    Disposal of dogs.

6.04.095    Impoundment of dog biting a human.

6.04.100    Unclaimed dogs.

6.04.140    Wrongful impounding.

6.04.170    Public nuisance – Designated.

6.04.175    Public nuisance – Unlawful.

6.04.180    Owner of dog responsible for damages.

6.04.185    Presumption of ownership.

6.04.190    Violation – Penalty.

6.04.010 Dog license required.

(1) Any person, family, or business owning or keeping a dog which has a set of permanent canine teeth or is six months old, whichever comes first, shall license said dog(s) pursuant to the ordinances and/or regulations of the county wherein the dog is kept.

(2) The license tag supplied by the county shall be attached securely to a collar or harness on the dog whenever the dog is outdoors and not contained within a fenced yard, enclosed pen, or by a chain on the property of the owner. (Ord. 5718 § 1, 2009).

6.04.015 Number of dogs permitted.

(1) Except as provided in subsection (2) of this section, no person, family, or business shall keep more than two dogs past the age of six months on any property within the City except within a kennel which has been approved in accordance with the City of Albany Development Code regulations. For purposes of this section, a dog shall be deemed to be “kept” by any adult person who resides at the property on which the dog(s) is housed or maintained. A dog shall not be deemed kept if it is being temporarily cared for and is licensed to a third party who is not a resident of the household.

(2) Any person, family, or business wishing to keep more than two dogs past the age of six months as an exception to subsection (1) of this section may apply for a permit to do so and shall be issued a permit allowing the keeping of not more than four if all of the following criteria are met:

(a) The applicant has fully completed an application in a form provided by the City Manager and/or his/her designee for that purpose; and

(b) The applicant has provided proof that all of the applicant’s adult dogs are fully licensed by the county of the applicant’s residence; and

(c) Neither the applicant, nor any person residing with the applicant have been convicted of the violation of any ordinance, code, or regulation, concerning the care, possession, maintenance, or control an animal within five years prior to the application; and

(d) The applicant has paid a fee of $50.00.

(3) The exception provided for in subsection (2) of this section shall be revoked without the need for any administrative or judicial action in the event that the exemption holder or any person residing with the exception holder is or has been convicted of any violation of any animal control regulation of the City of Albany or Linn or Benton counties, or any other unit of government.

(4) The exception to the two-dog limit set forth in subsection (2) of this section shall be valid for a period of three years, after which a new application shall be required in the event that applicant wishes to continue the exemption.

(5) The exemption provided for herein may be revoked at any time by the City Manager or his/her designee upon a finding that the exemption holder is no longer eligible for the exemption under the criteria set forth herein. The City Manager shall provide the permit exemption holder with a written notification of the grounds for revocation of the exemption and give the exemption holder an opportunity to be heard orally or in writing upon such reasonable terms as the City Manager may prescribe. The decision of the City Manager shall be final. (Ord. 5718 § 2, 2009; Ord. 5685 § 1, 2007; Ord. 4557 § 1, 1983).

6.04.020 Dog at large.

When any dog is found running at large in the City or when a dog is a public nuisance as described under AMC 6.04.170, a police officer or dog control officer shall impound it or cite the owner or keeper into court or may do both. It shall be unlawful for a dog to run at large or be permitted to run at large. “At large” shall mean off the premises of the owner or the person having the control, custody, or possession of the dog, while the dog is not under complete control of the owner or such person by a leash or chain not exceeding 10 feet in length, but the use of such leash or chain shall not be required when said dog is in a motor vehicle. (Ord. 4557 § 2, 1983).

6.04.050 Impoundment authorized.

All police officers of the City and any special officer appointed by the Chief of Police are hereby authorized and directed to take up and impound any dog or dogs running at large or on any premises other than the property of its owner or keeper in the City. (Ord. 3299 § 1(5), 1967).

6.04.087 Dog park exemption.

Notwithstanding any other provision of this code, the Parks and Recreation Director of the City of Albany is authorized to designate or approve areas of public property wherein dogs may be permitted to be off-leash. Dog activity which is consistent with rules posted or approved by order of the Parks and Recreation Director in an area designated for off-leash activities shall not be in violation of this code. (Ord. 5836 § 1, 2014).

6.04.090 Disposal of dogs.

When a dog is impounded under authority of this chapter, the same shall be subject to disposal under those practices and procedures as established by Linn County or Benton County under its dog control procedures. (Ord. 5026 § 1, 1993; Ord. 4033 § 4, 1977; Ord. 3299 § 1(9), 1967).

6.04.095 Impoundment of dog biting a human.

Whenever any dog has bitten a human being, said dog must be confined in a veterinary hospital, suitable kennel or Linn County or Benton County dog pound for a period of 10 days for observation. The cost of the impoundment shall be the obligation of the owner or keeper of the dog. (Ord. 5026 § 1, 1993; Ord. 4557 § 4, 1983; Ord. 4033 § 5, 1977; Ord. 3741 § 1, 1973).

6.04.100 Unclaimed dogs.

Whenever any dog is impounded under authority of this chapter, then the same may be disposed of in such manner and procedure as adopted by Linn County or Benton County under its procedures for disposal and sale of dogs when not claimed by the owner or keeper. (Ord. 5026 § 1, 1993; Ord. 4033 § 6, 1977; Ord. 3299 § 1(10), 1967).

6.04.140 Wrongful impounding.

Any dog owner or keeper, believing himself/ herself aggrieved by the seizure and impounding of his/her dog, may apply to the Municipal Judge for the release of such dog. The Municipal Judge shall thereupon set a time and place for hearing the application and notify the Chief of Police, and upon a summary hearing at such time and place, the Municipal Judge shall have full power to determine whether the dog has been wrongfully impounded, whether it shall be returned to its owner and upon what terms. (Ord. 5026 § 1, 1993; Ord. 3299 § 1(14), 1967).

6.04.170 Public nuisance – Designated.

Dogs shall be considered a public nuisance under the meaning of this chapter in the following instances:

(1) Any dog which, when unprovoked, bites any person or animal;

(2) Any dog which chases vehicles or, when off the premises of the owner or keeper, chases any person or persons;

(3) Any dog which scatters garbage other than that of its owner or keeper;

(4) Any dog which trespasses on private property other than its owners’ or on public rights-of-way;

(5) Any dog(s) which through the negligence of the owner causes animal waste to accumulate on any premises to a degree that offensive odors can be detected from an adjoining street, yard, or residential unit;

(6) Any dog found within a park outside designated areas;

(7) Any dog which barks cumulatively for more than 10 minutes during any one-hour period when such barking is audible off the premises of the dog’s owner or keeper;

(8) Any dog, except for a service dog whose owner is legally blind, which deposits solid waste matter on any improved property, including public parks and school grounds, other than that of the dog owner. It shall be a defense to this section that the dog owner immediately removes the solid waste. (Ord. 5685 § 2, 2007; Ord. 5313 § 1, 1997; Ord. 5026 § 1, 1993; Ord. 4840 § 1, 1988; Ord. 4557 § 5, 1983).

6.04.175 Public nuisance – Unlawful.

It is unlawful for any person being the owner or keeper of any dog to permit the dog to be a public nuisance as defined in this chapter. (Ord. 4557 § 6, 1983; Ord. 3741 § 4, 1973).

6.04.180 Owner of dog responsible for damages.

Any owner or custodian of a dog which destroys or damages any property of another person shall be responsible for damages incurred by such dog. (Ord. 3741 § 5, 1973).

6.04.185 Presumption of ownership.

(1) It is presumed that the person shown on the application for license of a dog as the owner is the owner of such dog.

(2) The adult occupants of a dwelling shall be presumed to be the co-owners of any dogs housed in such dwelling or on the premises thereof. (Ord. 3741 § 6, 1973).

6.04.190 Violation – Penalty.

(1) Any person violating any of the provisions of this chapter is subject to those penalties set forth in AMC 1.04.010. In addition to the penalties therein provided, the court may direct the destruction of any dog that is a biter of persons or killer of domesticated animals.

(2) In addition to those penalties provided for in subsection (1) of this section, any person violating any of the provisions of this chapter shall be assessed an animal control assessment of $100.00, in addition to such other fines and assessments as may be set by the court.

(3) Violations of any provision of this chapter shall be prosecuted as strict liability offenses, subject only to the violation penalties and procedures of AMC 1.04.010. (Ord. 5718 § 3, 2009; Ord. 4813 § 1, 1988; Ord. 3741 § 7, 1973).