From: Dan Huff
Sent: Fri Oct 26 15:40:37 2018
To: Gerald Fisher; Rod Lucich; Frank Schoenfeld
Subject: FW: Leash Law
Importance: Normal
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Jimmy’s Response
From: Jimmy Thompson
Sent: Friday, October 26, 2018 3:29 PM
To: Dan Huff
Subject: Re: Leash Law
It looks like the command control excludes a dog being considered "at large" by the ORS. That doesn't specifically mention leashes. Thank you for the clarification.
Some places do include under verbal control as being leashed.
Jimmy
From: Dan Huff
Sent: Friday, October 26, 2018 10:43:18 AM
To: Jimmy Thompson
Subject: Leash Law
Jimmy – Probably more information than you wanted. The best advice is that people should call the non-emergency line after hours. And, we checked State Law, County Code, and called Clackamas County Dog Control. There is no law or interpretation of any law that says a dog is considered “leashed” if it is under the owners command.
I also attached the new park use and rule signs that we will be installing over time.
Dan Huff
City Manager
City of Molalla, Oregon
(503) 829-6855
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From: Gerald Fisher
Sent: Friday, October 26, 2018 9:28 AM
To: Dan Huff dhuff@cityofmolalla.com>; Rod Lucich rlucich@molallapolice.com>; Frank Schoenfeld fschoenfeld@molallapolice.com>
Subject: RE: Leash Law
See Clark Park sign above. Notice 6th line down in park regulations.
6.04.010 Adoption of state provisions.
The City of Molalla adopts the provisions of ORS 609.015 to 609.115 and 609.990. (Ord. 2009-01 §1)
609.015 Application of ORS 609.030 and 609.035 to 609.110.
(1) ORS 609.030 and 609.035 to 609.110 apply in every county except as otherwise provided by county charter or ordinance. ORS 609.030 and 609.035 to 609.110 do not limit the powers of cities and counties to adopt ordinances and regulations relating to the control of dogs.
(2) A county dog licensing and control program shall not apply within the limits of a city that has its own dog licensing and control program. [1967 c.496 §3; 1977 c.237 §1; subsection (2) enacted as 1977 c.802 §2; 1999 c.756 §16]
609.035 Definitions for ORS 609.035 to 609.110 and 609.990. As used in ORS 609.035 to 609.110 and 609.990.
(4) “Keeper” means a person who owns, possesses, controls or otherwise has charge of a dog, other than:
(7) “Running at large” means that a dog is off or outside of the premises from which the keeper of the dog may lawfully exclude others, or is not in the company of and under the control of its keeper, except if the dog is:
(a) Being used to legally hunt, chase or tree wildlife while under the supervision of the keeper;
(b) Being used to control or protect livestock or for other activities related to agriculture; or
(c) Within any part of a vehicle.
609.060 Notice of county prohibition on dogs running at large.
(1) If the governing body of a county by ordinance, or a measure approved by the electors in an election conducted in accordance with ORS chapter 250, prohibits dogs from running at large, the county shall give notice, by publication in a newspaper having a general circulation in the county.
(2) After 60 days from the date of the notice, every person keeping a dog shall prevent the dog from running at large in any county or city where prohibited. A person who is the keeper of a dog commits a Class B violation if the dog runs at large where prohibited. [Amended by 1965 c.499 §1; 1977 c.802 §5; 1999 c.658 §5; 2011 c.597 §§248,317]
Regards,
Gerald Fisher, P.E. | Public Works Director
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Office: 503.829.6855 | Direct: 503.759.0218
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From: Jimmy Thompson
Sent: Thursday, October 25, 2018 2:50 PM
To: Dan Huff dhuff@cityofmolalla.com>
Subject: Leash Law
Dan,
We have signs noticing the requirement that pets be leashed at our parks. In many cases, a pet under command control is considered "leashed". Is that the case with our parks? I read the code and only saw the adoption of the state laws, which don't provide a definition of "leashed" that I could find.
Not that I want our police nailing pet owners to the wall for letting their dogs play, but if we have a rule on the books somewhere, it should probably be enforced.
Someone was complaining about dogs off leash at Clark Park. I suggested that they contact non emergency if they had a concern when they whitnessed it.
Jimmy