Section 31.02.120 Prohibited and Regulated Conduct.

a. No animal shall be confined within or on a motor vehicle at any location under such conditions as may endanger the health or well being of the animal, including but not limited to dangerous temperature, lack of food, water or attention, or confinement with a dangerous animal.

b. Any animal control or peace officer is authorized to remove any animal from a motor vehicle at any location when he or she reasonably believes it is confined in violation of subparagraph (a) of this paragraph. Any animal so removed shall be impounded as provided by LOC 31.02.110. The removing officer shall leave written notice of such removal and delivery, including the officer's name, in a conspicuous, secure location on or within the vehicle. Such additional notice as may be required by LOC 31.02.110(4) shall be given upon impoundment of such removed animal.

c. Neither the City nor any animal control or peace officer shall be held criminally or civilly liable for action pursuant to this section, provided he or she acts in good faith, on probable cause and without malice.

Any person operating a motor vehicle upon premises open to the public who runs over, strikes, injures, maims or kills any dog, cat or livestock shall immediately stop and render aid to such animal, if injured, or shall notify the City, if such animal is killed. Such person shall in either case make due and diligent inquiry to determine and notify the owner of such animal.

a. Any person who finds a dog may surrender the animal to the City or retain its possession, subject to surrender upon demand of the City or the keeper of the dog.

No person shall knowingly place food of any description containing poisonous or other injurious ingredients in any area reasonably likely to be accessible to animals other than rodents.

a. For the purposes of this section, unless otherwise limited, the term "permit" shall include conduct by the keeper of an animal which is intentional, deliberate, careless, inadvertent or negligent. "Keeper" shall mean any person who owns or is in physical possession, controls or otherwise has charge of an animal.

(4) Keep a vicious animal. It shall be an affirmative defense that an animal bites, attacks, or menaces a trespasser on the property of its keeper or anyone wrongfully assaulting that animal or its keeper.

(5) Permit any animal to cause unreasonable annoyance, alarm or noise disturbance at any time of the day or night by repeated barking, whining, screeching, howling, braying or other like sounds which may be heard beyond the boundary of the keeper's property.

(6) Leave an animal unattended for more than 24 consecutive hours without adequate food, water, shelter, care or supervision. Shelter shall include a structure or other means of protection from the weather and injury.

(7) Physically mistreat any animal either by deliberate abuse or neglect to furnish adequate care, including medical attention.

(9) Permit bees to live in any space other than moveable frame hives, fail to register such hives with the Oregon Department of Agriculture, to abandon any colonies or to keep diseased bees.

(10) Fail to promptly remove excrement or other solid waste deposited by a dog in any area not designed to receive such wastes, including but not limited to public areas such as streets, sidewalks, parking strips, public parks and any private property owned by a person or persons other than the property of the keeper of the dog.

(Ord. No. 1780, Sec. 2; 02-17-81; Section 6 Repealed by Ord. No. 1852, 10-26-82. Ord. No. 2037, Sec. 4; 07-16-91. Ord. No. 2066, Sec. 2; 10-06-92. Ord. No. 2122, Amended, 09/19/95)