From: Frank Schoenfeld

Sent: Fri Oct 26 10:23:00 2018

To: Gerald Fisher; Dan Huff; Rod Lucich

Subject: RE: Leash Law

Importance: Normal

 

Microsoft Exchange Server;converted from html;

I have checked State Law, County Code, and called Clackamas County Dog Control. Not aware of any law that says a dog is considered “leashed” if it is under the owners command.

From: Gerald Fisher

Sent: Friday, October 26, 2018 9:34 AM

To: Dan Huff ; Rod Lucich ; Frank Schoenfeld

Subject: RE: Leash Law

Here is the new sign that we are planning to construct and install. Thanks.

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

CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.

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

CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.

From: Dan Huff

Sent: Friday, October 26, 2018 8:03 AM

To: Rod Lucich rlucich@molallapolice.com>; Frank Schoenfeld fschoenfeld@molallapolice.com>; Gerald Fisher gfisher@cityofmolalla.com>

Subject: FW: Leash Law

Thoughts?

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