Order No. 2008-0017

 

1.         Stan and Pam Shirts own a black, German Shepherd, known as Shadow, which resides with them at 505 North Main Street, Newberg, Oregon. The property is owned by Elaine Shirts, who is Stan Shirts mother.

 

2.         Stan and Pam Shirts have been notified that the German Shepherd (Shadow) is a nuisance and given notice to abate that nuisance. The notice is attached as Exhibit “A” and by this reference incorporated.

 

3.         Elaine Shirts, owner of the property who is also a responsible party, has been notified of the nuisance. A copy of the letter notifying her is attached as Exhibit “B” and by this reference incorporated.

 

4.         Pam Shirts was cited into Municipal Court for violation of the City Code by Animal Control Officer Darleen Harding. That matter is pending hearing on December 18, 2008. Citation No. 77883 is attached as Exhibit “C” and by this reference incorporated.

 

5.         On August 28, 2008, Stan Shirts requested a hearing before the City Council concerning the nuisance. Their hearing has been postponed by agreement of the parties with consent of the Council until December 15, 2008.

 

6.         The Shirts are represented by Gary Gardner, an attorney from Salem.

 

7.         Mr. Gardner has indicated that the Shirts do not dispute this Order.

 

 

1.         Declaration of Nuisance: The black, German Shepherd, known as Shadow, which housed at 505 North Main Street, is hereby declared to be a potentially dangerous dog, which has been running at large and is therefore a nuisance in accordance with the Newberg City Code.(Code Provision 92.27 under Chapter 95 NUISANCES.)

 

2.         Responsible Parties:

                        a.         Stan and Pam Shirts are responsible parties because they live with the dog at 505 North Main Street, Newberg, Oregon, and own as well as control the dog.

 

                        b.         Elaine Shirts is a responsible party because she owns the property at 505 North Main Street, Newberg, Oregon and has allowed the dog to be housed at that location.

 

3.         Abatement: The nuisance will be abated as follows:

a.         Relocation – The German Shepherd named Shadow will be relocated to a rural setting where adequate property and surrounding can be available for her. The dog is not allowed to be within the corporate limits of the city of Newberg, not even temporarily, unless custody is given to the City of Newberg.

 

If the dog cannot be relocated, the custody, control, and ownership of the dog will be given to the City of Newberg. The owners will provide the dog to the animal control officer at the Newberg Animal Shelter located at 921 South Blaine Street in Newberg. The owners have until Monday, January 12, 2009, to relocate the dog and if not done so, they must present dog on or before January 13, 2009, to the City.  

 

b.         Certification - The owners of the dog (Stan and Pam Shirts) will certify to the animal control officer that they have relocated the dog by giving the name of the person and location of the property where the dog has been relocated.

 

c.         Notification to Governmental Jurisdiction - The animal control officer will notify the governmental jurisdiction where the dog is relocated if the animal control officer deems that to be necessary.

 

d.         Penalty - Failure to comply with the terms of this order and to abate the nuisance will be considered a violation of the Newberg City Code subject to a fine of $500.00 per day for the violation, as a Civil 2 infraction. (§ 95.99 Penalty.)

 

4.         Cost and Expenses: Costs and expenses are owed and should be paid by the responsible parties within thirty (30) days of this order.

a.         The City declares no cost for abatement of the nuisance at this time but reserves the right to amend the order if costs are incurred.

 

b.         The amount of restitution owed to James Curtis (the owner of the dog, a Cavalier King Charles Spaniel that was killed) is not addressed in this Order. The issue can be pursued in other forums (Municipal Court or civil litigation).

 

  

Adopted by the City Council of the City of Newberg, Oregon, this 15^th day of December, 2008.