§ 4-52. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Commercial kennel means any establishment or premises:
(1)
Operating for profit, where animals are boarded, kept or maintained for any purpose whatsoever; except where the resulting offspring are sold for resale to commercial outlets, or for the further purpose of research, testing or laboratory experimentation;
(2)
Operating as a nonprofit animal facility whose primary function is to bring aid and comfort to animals, and which has facilities for more than seven permitted animals.
Dangerous dog means, a dog that:
(1)
Without provocation, and in an aggressive manner inflicts serious physical injury on a person or kills a person;
(2)
Acts as a potentially dangerous dog after having previously committed an act as a potentially dangerous dog; or
(3)
Is used as a weapon in the commission of a crime.
Dog means a male or female dog including a dog which has been neutered or spayed. A wolf or wolf-dog hybrid will also be considered a dog for all purposes of this article, except where specified as a wolf or wolf-dog hybrid.
Keeper means a person who owns, possesses, controls or otherwise has charge of a dog, other than:
(1)
A licensed business primarily intended to obtain a profit from the kenneling of dogs;
(2)
A humane society or other nonprofit animal shelter;
(3)
A facility impounding dogs on behalf of a city or county; or
(4)
A veterinary facility.
Leash means a leash, cord, chain, rope or other such physical restraint.
Muzzle means a device constructed of strong, soft material or a metal muzzle such as that used commercially with greyhounds. The muzzle must be made in a manner which will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.
Person means any individual, firm, association or corporation.
Potentially dangerous dog means a dog that:
(1)
Without provocation and while not on premises from which the keeper may lawfully exclude others, menaces a person;
(2)
Without provocation, inflicts physical injury on a person that is less severe than a serious physical injury; or
(3)
Without provocation and while not on premises from which the keeper may lawfully exclude others, inflicts physical injury on or kills a domestic animal.
Private hobby kennel means any premises where permitted animals are bred for personal use and enjoyment and kept for the exclusive purpose of show, hunting, racing, herding or breeding, where the resulting offspring are neither sold for resale to commercial outlets, nor for the purpose of research, testing or laboratory experimentation.
Running at large.
(1)
The term "running at large" means any dog shall be considered running at large when:
a.
It is off or outside of the premises belonging to the keeper of such dog;
b.
It is outside the boundaries of an area designated by the city for use as an off-leash dog park; and
c.
It is not in the company of and under the control of the keeper by a leash.
(2)
In the case of a dangerous dog, the term "running at large" also includes a dog that is unconfined.
Unconfined means a dangerous dog, if such dog is not securely confined indoors, or leashed and muzzled, or confined in a securely enclosed and locked pen or structure upon the premises of the keeper. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured in the sides, the sides must be embedded into the ground no less than one foot.
(Prior Code, § 42.110; Code 2006, § 6.6.1; Ord. No. 1147(part), 1986; Ord. No. 1214, § 1, 1990; Ord. No. 1483, § 1(6.6.1), 11-10-2009; Ord. No. 1509, § 1(6.6.1), 6-12-2012)
State law reference
Definitions, ORS 609.035; dangerous dog, ORS 609.098.