Title 6
ANIMALS
Chapters:
6.04 DOGS
6.04.015 Number of dogs permitted.
6.04.020 Dog at large.
6.04.050 Impoundment authorized.
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.
6.10 KEEPING OF ANIMALS
6.10.010 Area requirements and number permitted.
6.10.020 Animal containment.
6.10.030 Miscellaneous provisions.
6.10.040 Public nuisance – Designated.
6.10.050 Public nuisance – Unlawful.
6.10.060 Owner of animal responsible for damages.
6.10.070 Presumption of ownership.
6.10.080 Violation – Penalty.
6.12 ANIMALS RUNNING AT LARGE
6.12.010 Animals running at large.
6.12.030 Animals running at large may be picked up.
6.12.040 Notice of impounded animals – Sale.
6.12.050 Redemption of animal – Fees.
6.12.070 Proceeds of sale.
6.14 CRUELTY TO ANIMALS
6.14.010 Cruelty to animals.
6.14.020 Abandonment of domestic animals.
6.18 DANGEROUS DOGS
6.18.010 Definitions.
6.18.020 Classification of levels of dangerousness.
6.18.030 Identification of dangerous and potentially dangerous dogs – Appeals – Restrictions pending appeal.
6.18.040 Regulation of potentially dangerous dogs.
6.18.050 Euthanasia for dangerous dogs.
6.18.060 Penalty.
6.18.070 Impoundment pending adjudication of infraction.
Chapter 6.04
DOGS
Sections:
6.04.015 Number of dogs permitted.
6.04.020 Dog at large.
6.04.050 Impoundment authorized.
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.
6.04.015 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.
(2) The City Manager may grant an exemption to the limits set forth in subsection (1) of this section pursuant to procedure, criteria, and terms set forth in this subsection:
(a) Procedure. The procedure to be used for an exemption shall be as follows:
(i) An applicant for an exemption shall file an application with the City Manager accompanied by an application fee of $50.00. The application shall specify the number of dogs sought to be kept and any proposed conditions or restrictions which the applicant is willing to observe as a condition of the exemption. The City Manager may promulgate an application form for this purpose.
(ii) Upon receipt of an application, the City Manager shall mail a copy thereof to all property owners shown, on City records, to own property within 300 feet of the proposed exemption location. Accompanying the mailing will be a notice from the City Manager inviting written comments concerning the application to be submitted within 10 days.
(b) Criteria. The City Manager may grant an exemption permitting the keeping of more than two dogs past the age of six months, upon a determination that the dogs are unlikely to become a nuisance as defined in AMC 6.04.170.
(c) Terms. Any exemption granted by the City Manager may be limited in duration, or subject to special terms or conditions as determined to be appropriate by the City Manager. The exemption may be revoked by the City Manager following written notice to the exempt property owner setting forth the grounds for the proposed exemption revocation and allowing written comment, within 10 days, by the exemption holder.
(i) The issuance of an exemption or its revocation shall not be void as a result of the failure of any person to receive any of the notices required herein.
(ii) The City Manager may delegate the authority granted by this section to other City staff members as he/she deems appropriate. (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).
6.04.090 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.
Any person violating any of the provisions of this chapter is subject to those penalties set forth in Section 1.04.010 of this code. 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. (Ord. 4813 § 1, 1988; Ord. 3741 § 7, 1973).
Chapter 6.10
KEEPING OF ANIMALS
Sections:
6.10.010 Area requirements and number permitted.
6.10.020 Animal containment.
6.10.030 Miscellaneous provisions.
6.10.040 Public nuisance – Designated.
6.10.050 Public nuisance – Unlawful.
6.10.060 Owner of animal responsible for damages.
6.10.070 Presumption of ownership.
6.10.080 Violation – Penalty.
6.10.010 Area requirements and number permitted.
The keeping of animals listed in this chapter for more than 72 hours shall be subject to the following restrictions:
(1) For poultry, fowl (including domestic and game birds raised for meat, eggs, breeding, or other purposes) and rabbits, not more than two animals on any lot less than 7,000 square feet in area; for each additional animal there shall be an additional 3,000 square feet of lot area.
(2) For horses, cows, sheep, and goats, one-half acre of open yard area shall be provided for the first animal with one acre provided for each additional animal over the age of six months.
(3) Persons desiring to keep more animals than permitted by this section may do so with approval of the City Manager only when written approval is obtained from the owners of all improved property contiguous to the applicant(s) and which is within 200 feet of any fence, hutch, or pen containing the animals.
(4) Permission granted by the City Manager is revokable by the City Council. (Ord. 4558 § 1, 1983).
6.10.020 Animal containment.
All animals covered by this chapter shall be contained entirely on private property under the control of the owner(s) of such animals and in accordance with the following additional provisions.
(1) All poultry, fowl, and rabbits shall be contained within hutches, fences, or pens inaccessible to other predatory animals and set back a minimum of 10 feet from adjoining property lines and 20 feet from any public right-of-way.
(2) Horses, cows, goats, and sheep, shall be contained within fences at least four feet in height, but not more than six feet in height. The fence shall be adequate to contain the animal and shall be maintained in good repair.
(3) No animal described in this chapter shall be contained by means of tethering, hobbling, or by electric or barbwire fences. (Ord. 4558 § 1, 1983).
6.10.030 Miscellaneous provisions.
(1) Swine are not permitted within the City limits.
(2) Other house pets not covered elsewhere under this title (including exotic animals for which required state or federal permits have been obtained) are permitted if maintained within a dwelling or secure pen. (Ord. 4558 § 1, 1983).
6.10.040 Public nuisance – Designated.
Animals described within this chapter and domestic cats shall be considered a public nuisance in the following instances:
(1) The number of animals maintained on any premises is found to exceed the number allowed by this chapter.
(2) Any animal or group of animals which make loud or frequent noises disruptful of any person’s comfort or repose.
(3) Any animal or group of animals which through accumulated waste or other reason cause offensive odors detectable from any right-of-way or adjoining property.
(4) Any animal, which when unprovoked, bites, kicks, scratches, or otherwise threatens the safety of any person.
(5) Any animal which habitually escapes from confinement and trespasses on public or private property. Trespass of more than two occasions shall be considered habitual under the meaning of this section.
(6) Any animal which is found running at large as defined by Section 6.12.010 of this code. (Ord. 4713 § 2, 1986; Ord. 4558 § 1, 1983).
6.10.050 Public nuisance – Unlawful.
It is unlawful for any person being the owner or keeper of any animal(s) described in this chapter to permit such animal(s) to be a public nuisance as described above. (Ord. 4558 § 1, 1983).
6.10.060 Owner of animal responsible for damages.
Any owner of an animal which causes damage to other private or public property shall be responsible for such damages. (Ord. 4558 § 1, 1983).
6.10.070 Presumption of ownership.
The adult occupants of a dwelling shall be presumed to be the owner or co-owners of any animals contained on the same premises. (Ord. 4558 § 1, 1983).
6.10.080 Violation – Penalty.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor and is subject to those penalties set forth in Section 1.04.010 of this code. In addition the court may direct the removal of any animal or group of animals from the City which are deemed to be a public nuisance as defined herein. (Ord. 4558 § 1, 1983).
Chapter 6.12
ANIMALS RUNNING AT LARGE
Sections:
6.12.010 Animals running at large.
6.12.030 Animals running at large may be picked up.
6.12.040 Notice of impounded animals – Sale.
6.12.050 Redemption of animal – Fees.
6.12.070 Proceeds of sale.
6.12.010 Animals running at large.
Hereafter, no horse, mare, jack, jenny, mule, sheep, cow, heifer, bull, calf, hog, or any kind of cattle shall be allowed to run at large or to be herded on any of the streets, alleys, or public places in the City, or upon any private premises therein, except upon those of the owner or owners of such animals, except when such animals are being driven through the City for shipment or other purposes and when the owner, owners, or person in the possession or control of such animal or animals have first obtained permission of the owner or person in control of such private premises, from his/her agent, or from the occupant thereof. (Ord. 5026 § 1, 1993; Ord. 1500 § 1, 1940).
6.12.030 Animals running at large may be picked up.
If any of the animals mentioned in Section 6.12.010 are at any time found running at large within the limits of the City, the same shall be taken up and kept in a safe place until claimed or otherwise disposed of. (Ord. 4553 § 1, 1983; Ord. 1500 § 3, 1940).
6.12.040 Notice of impounded animals – Sale.
Whenever an animal is impounded under Section 6.12.030, and the owner is unknown, a notice will be posted in three public places within the City for five successive days giving a correct description of the animal. That notice shall contain a statement of the time and place at which such animal will be sold, and upon what terms the sale will be made if the animal is not claimed within less than six days from the date of posting such notice. The sale will be at public auction to the highest bidder. (Ord. 4553 § 2, 1983; Ord. 1500 § 4, 1940).
6.12.050 Redemption of animal – Fees.
If the owner proves before the sale takes place that the animal is his/hers or that he/she is entitled to possession of it, he/she may take it upon payment of a reasonable fee based upon the cost of impounding, keeping the animal and posting notices. (Ord. 5026 § 1, 1993; Ord. 4553 § 3, 1983; Ord. 1500 § 5, 1940).
6.12.070 Proceeds of sale.
If at any time within six months after the date of such sale the owner or person entitled to the possession of any animal sold under the provisions of this chapter makes satisfactory proof of his/her title to such animal or animals, he/she shall be entitled to receive the proceeds of such sale less the cost of impounding, keeping and sale of the animal. But, if no proof is made within six months from the date of such sale, such proceeds shall thereafter be the property of the City. (Ord. 5026 § 1, 1993; Ord. 4553 § 4, 1983; Ord. 1500 § 7, 1940).
Chapter 6.14
CRUELTY TO ANIMALS
Sections:
6.14.010 Cruelty to animals.
6.14.020 Abandonment of domestic animals.
6.14.010 Cruelty to animals.
(1) A person commits the crime of cruelty to animals if, except as otherwise authorized by law, he/she intentionally or recklessly:
(a) Subjects any animal under human custody or control to cruel mistreatment; or
(b) Subjects any animal under his/her custody or control to cruel neglect; or
(c) Kills without legal privilege any animal under the custody or control of another; or
(d) Fails to provide any animal in his/her custody with food, drink and protection from the elements; or
(e) Places or distributes any poison or other substance with the intent of poisoning any animal, except those animals commonly recognized as pests or rodents.
(2) As used in this section, “animal” includes birds. (Ord. 5026 § 1, 1993; Ord. 4554 § 1, 1982; Ord. 3603 § 15, 1972).
6.14.020 Abandonment of domestic animals.
It is unlawful for any person to willfully abandon or desert a dog, cat or other domestic animal. (Ord. 3603 § 16, 1972).
Chapter 6.18
DANGEROUS DOGS
Sections:
6.18.010 Definitions.
6.18.020 Classification of levels of dangerousness.
6.18.030 Identification of dangerous and potentially dangerous dogs – Appeals – Restrictions pending appeal.
6.18.040 Regulation of potentially dangerous dogs.
6.18.050 Euthanasia for dangerous dogs.
6.18.060 Penalty.
6.18.070 Impoundment pending adjudication of infraction.
6.18.010 Definitions.
As used in this chapter, unless the context requires otherwise:
(1) “Dog at large” means any dog:
(a) On private property without the permission of the owner or person entitled to possession and not restrained by a physical control device and under the control of a person capable of physically restraining the dog; or
(b) On public property and not restrained by a physical control device and under the control of a person capable of physically restraining the dog.
(2) “Council” means the City Council of the City of Albany.
(3) “Dangerous dog” means any dog that has been found to have engaged in any of the behaviors specified in AMC 6.18.020(2).
(4) “Director” means the person appointed by the Council to act under this chapter.
(5) “Euthanized” means put to death in a humane manner by a licensed veterinarian or animal control officer.
(6) “Hearings Officer” means the City Council or a person appointed by the City Council to review the correctness of the Director’s determination that a dog has engaged in any of the behaviors specified in AMC 6.18.020.
(7) “Owner” means the person having a possessory property right in a dog or who harbors, cares for, exercises control over or knowingly permits a dog to remain on premises occupied by that person.
(8) “Person” means any natural person, association, partnership, firm or corporation.
(9) “Potentially dangerous dog” means any dog that has been found to have engaged in any behaviors specified in AMC 6.18.020(1).
(10) “Physical control device” means a sufficiently strong collar connected to a leash or tether made of chain links, or other material as strong, so as to prevent the escape of a dog.
(11) “Serious injury” means any physical injury that results in a broken bone or the need for stitches, or any other medical condition determined by the Director, in consultation with the County Health Officer, the County Health Officer’s designee, or any medical doctor to be of equal or greater severity. (Ord. 4847 § 1, 1989).
6.18.020 Classification of levels of dangerousness.
(1) A dog shall be classified as potentially dangerous based upon specific behaviors exhibited by the dog as follows:
(a) While at large, on more than two occasions within a single 24-month period, it bites any domestic animal, or
(b) While at large, it bites a human being or seriously injures any domestic animal.
(2) A dog shall be classified as dangerous if it causes the serious injury or death of any person or kills any domestic animal. A dog classified as a potentially dangerous dog shall thereafter be reclassified as a dangerous dog if, after the owner has received notice of the potentially dangerous classification, the dog again engages in conduct which would classify it as a potentially dangerous dog.
(3) The Director shall have the authority to refrain from classifying a dog as dangerous or potentially dangerous, even if the dog has engaged in the behaviors specified in subsections (1) or (2) above, if the Director determines that the behavior was caused by abuse or torment of the dog or other provocation.
(4) No dog shall be found to be dangerous or potentially dangerous if it is a dog trained for law enforcement purposes and is on duty under the control of a law enforcement officer at the time it exhibits behavior under subsection (1) or (2) above. (Ord. 4847 § 1, 1989).
6.18.030 Identification of dangerous and potentially dangerous dogs – Appeals – Restrictions pending appeal.
(1) The Director shall have authority to determine whether any dog has engaged in the behaviors specified in AMC 6.18.020. The determination shall be based upon an investigation that includes observation of the dog’s behavior by animal control officers or by other witnesses who personally observed the behavior. If the determination is based upon observations of witnesses other than animal control officers, the witnesses must first sign affidavits attesting to the observed behavior and must agree to provide testimony regarding the dog’s behavior if called upon to do so.
(2) The Director shall give the dog’s owner written notice by certified mail or personal service of the dog’s specific behavior, of the dog’s classification as a dangerous or potentially dangerous dog, and of the additional restrictions applicable to that dog by reason of its classification. Other forms of notification which result in actual notice of the information required above, shall be sufficient. If the owner denies that the behavior in question occurred, the owner may appeal the Director’s decision to the Hearings Officer by filing, with the Director, a written request for hearing. The request for hearing must be received, by the Director, within 10 days of the following, whichever occurs first:
(a) The date of mailing of notice to the owner, by certified mail;
(b) The date the notice is personally served upon the owner; or
(c) The date when the owner acquired actual knowledge of the information required to be contained in the notice.
(3) The Hearings Officer shall hold a public hearing on any appeal from the Director’s decision to classify a dog as a dangerous or potentially dangerous dog. The owner and any other person having relevant evidence concerning the dog’s behavior as specified in AMC 6.18.020 shall be allowed to present testimony. The Hearings Officer shall determine whether the behavior specified in AMC 6.18.020 was exhibited by the dog in question. The Hearings Officer shall issue an order containing his/her determination, which shall be final.
(4) Once the owner has received notice of the dog’s classification pursuant to subsection (2) above, the owner shall comply with the restrictions specified in the notice until such time as the Director’s decision is reversed on appeal. Additionally, the Director shall have authority to impound the dog pending completion of all appeals if the Director has reasonable grounds to believe that the owner of the dog has failed to comply with any of the restrictions specified in the notice of classification. If the Director’s decision concerning the classification of the dog is upheld on appeal, the dog’s owner shall pay to the City all costs incurred in the dog’s impoundment.
(5) If the Director finds that a dog is a dangerous dog, the dog shall be impounded pending the completion of all appeals. If the Director’s decision is upheld on appeal, the dog’s owner shall pay to the City all costs incurred in the dog’s impoundment. (Ord. 4847 § 1, 1989).
6.18.040 Regulation of potentially dangerous dogs.
In addition to complying with all other requirements of this chapter, the owner of a potentially dangerous dog shall:
(1) Physically restrain the dog to prevent it from having access to any public sidewalk, roadway, adjoining property, or any other portion of the property from which the public is not excluded.
(2) Fasten to a collar and keep on the dog at all times such tag as may be issued by the City of Albany, identifying the dog as a potentially dangerous dog.
(3) Pay an annual fee of [____] at the time the tag described in subsection (2) above is issued and a like fee each year thereafter so long as the dog remains within the corporate limits of the City of Albany. This fee shall be in addition to any other license fee.
(4) Notify the Director by certified mail where the dog is kept within 10 days of any change.
(5) Post a warning sign, supplied by the Director, at the location the dog is kept, in a conspicuous place visible from the public sidewalk or road adjoining the property or, if no such public sidewalk or road adjoins the property, then at the boundary line of the property where access is provided to the property.
(6) The requirements of this section shall apply to any person to whom ownership of a potentially dangerous dog is transferred. (Ord. 5026 § 1, 1993; Ord. 4847 § 1, 1989).
6.18.050 Euthanasia for dangerous dogs.
Any dog that has been found to be a dangerous dog shall be euthanized. If a dog is euthanized by a licensed veterinarian, the veterinarian shall certify to the City of Albany that the dog has been euthanized. (Ord. 4847 § 1, 1989).
6.18.060 Penalty.
The violation of any provision of this chapter shall be punishable subject to the penalties set forth in AMC 1.04.010. In addition to these penalties, the Municipal Court Judge may order the dog in question euthanized if the Judge finds that the owner of the dog has failed to comply with any of the requirements of this chapter after having received notification that the dog in question has been classified as a dangerous or potentially dangerous dog. (Ord. 4927 § 1, 1990; Ord. 4847 § 1, 1989).
6.18.070 Impoundment pending adjudication of infraction.
If the owner of any dog is cited for an infraction based upon the violation of any provision of this chapter, the Director may impound the dog pending adjudication of the infraction if, in the exercise of reasonable discretion, he/she believes that the dog constitutes a threat to public safety and/or private property. If the dog’s owner is convicted of the infraction which caused the impoundment, the dog’s owner shall pay to the City all costs incurred in the dog’s impoundment and unless such costs are paid within 10 days of the date when the owner is convicted of the infraction, the dog shall be euthanized. Euthanasia shall not relieve the owner of his/her responsibility to pay impoundment costs previously incurred. (Ord. 4847 § 1, 1989)
