Exhibit A

a.  Revise Portland City Code Section 13.05.005 Definitions as follows:

A. “Director” means the Director of the animal control division of Multnomah County Health Department Vector and Nuisance Control, or the director’s designee.

B. “Domestic Animal” means any animal whose physiology has been determined or manipulated through selective breeding and does not occur naturally in the wild, or which may be vaccinated against rabies with an approved rabies vaccine and for which there is an established rabies quarantine observation period. Examples of domestic animals include dogs, cats and livestock.

B. C. “Keeper” means any person or legal entity who harbors, cares for, exercises control over or knowingly permits any animal to remain on premises occupied by that person for a period of time not less than 72 hours or someone who accepted the animal for purposes of safe keeping.

C. D. “Livestock” means animals including, but not limited to, fowl, horses, mules, burros, asses, cattle, sheep, goats, llamas, emu, ostriches, rabbits, swine, or other farm animals excluding dogs and cats.

D. E. “Person” means any natural person, association, partnership, firm, or corporation.

E. F.  “A Secure Enclosure” shall be:

1.  A fully fenced pen, kennel or structure that shall remain locked with a padlock or a combination lock. Such pen, kennel or structure must have secure sides, minimum of five feet high, and the director may require a secure top attached to the sides, and a secure bottom or floor attached to the sides of the structure or the sides must be embedded in the ground no less than one foot. The structure must be in compliance with the jurisdiction’s building code.

2.  A house or garage. When dogs are kept inside Where a house or garage is used as a secure enclosure, the house or garage shall have latched doors kept in good repair to prevent the accidental escape of the specified animal dog. A house, garage, patio, porch, or any part of the house or condition of the structure is not a secure enclosure if the structure would allow the specified animaldog to exit the structure of its own volition; or

3.  For a Dangerous Dogs, a fully fenced pen, kennel or structure at least six feet in height, installed beneath the ground level or in concrete or pavement, or a fabricated structure to prevent digging under it. Either enclosure shall be designed to prevent the entry of children or unauthorized persons and to prevent those persons from extending appendages inside the enclosure and be equipped with a self-closing and self-latching gate. A “Dangerous Dog” sign prescribed by the director must be posted at the entry to the owner’s or keeper’s premises.

F. G. “Specified Animals” means bees, domesticated animals or livestock.

G. H. “Specified Animal Facility” means a permitted site for the keeping of one or more specified animals, including but not limited to a stable, structure, or other form of enclosure.

b.  Revise Portland City Code by amending Section 13.05.015 B as follows:

B. Applications for specified animal facility permits shall be made upon forms furnished by the Director, and shall be accompanied by payment of the required fee. Specified animal facility permits shall be valid from the date of issuance until such time a the Director determines by inspection that the facility is not being maintained in compliance with the issuance criteria. Applications for a specified animal facility permit shall be accompanied by adequate evidence, as determined by the Director, that the applicant has notified all of the property owners and residents within 200 150 feet of the property lines of the property on which the specified animal facility will be located.

c.  Revise Portland City Code by amending Section 13.05.015 C 7 as follows:

7.  The facility is located on the applicant’s property so as to be at least 25 15 feet from any building used or capable of being used for human habitation, not including the applicant’s own dwelling. Facilities for keeping bees, such as beehives or apiaries, shall be at least 25 15 feet from any public walkway, street or road, or any public building, park or recreation area, or any residential dwelling. Any public walkway, street, or road or any public building, park or recreation area, or any residential dwelling, other than that occupied by the applicant, that is less than 150 feet from the applicant beehives or apiaries shall be protected by a six foot hedgerow, partition, fence or similar enclosure around the beehive or apiary, installed on the applicant’s property.

d.  Revise Portland City Code Section 13.05.020 Permit Fees, Subsection B as follows:

B.  The Director may establish application fees at amounts reasonably calculated to cover the costs of administration and enforcement of the specified animal facility program. Before such fees may become effective, the Director shall submit the fee schedule to the Portland City Council for review and approval by ordinance.

e.  Revise Portland City Code Section 13.05.045, Civil Penalties and Additional Restrictions as follows:

13.05.045 Civil Penalties and Additional Restrictions.

All enforcement of this Chapter by the Director shall follow the procedures set forth in Multnomah County Code Chapters 15.225- 15.236

A.  The Director may assess a civil penalty of not less than $100.00 and not more than $500.00 for each violation of this Chapter.

B.  The Director may, in addition to assessing civil penalties, impose additional restrictions and conditions upon any person in violation of the terms of this Chapter. The restrictions or conditions imposed by the Director shall be reasonably directed to the correction or abatement of the violation.

C.  The Director’s written determination shall consider the circumstances and the nature of the violation, including the animal’s behavior, the keeper’s control of the animal, the care and treatment of the animal, and other relevant evidence.

1.  The Director shall give written notice of the determination by certified mail or personal service of the Director’s decision imposing civil penalties and any other conditions or restrictions. The notice shall contain a brief explanation of the basis for the civil penalties, and why the additional conditions and restrictions were imposed.

D.  The Director shall place all civil penalties assessed and collected by the Director in a separate fund for the purpose of administering and enforcing the provisions of this Chapter.

f.  Delete Portland City Code Section 13.05.050 Appeals, without substitution.

13.05.050 Appeals.

A.  An applicant or any adversely affected person may appeal a decision of the Director to the Code Hearings Officer of the City of Portland, as set out in Chapter 22.10 of the Portland City Code.

B.  The filing of a notice of appeal of any permit revocation or the assessment of any civil penalty shall stay the effective date of the decision until the appeal is determined by the Code Hearings Officer.

g.  Revise Portland City Code Section 18.12.020, Specific Provisions, Subsection A as follows:

A.  Noisy animals. See Section 13.11.050(6) of the Code of the City of Portland.

1.  It shall be a violation for any animal to unreasonably cause annoyance, alarm, noise disturbance at any time of the day or night by repetitive barking, whining, screeching, howling, braying or other like sounds which may be heard beyond the boundary of the owner’s property or keepers property under conditions wherein the animal sounds are shown to have occurred either as an episode of continuous noise lasting for a minimum of period of ten minutes or repeated episodes of intermittent noise lasting for a minimum period of thirty minutes. This provision is not applicable to any animals located in a Specified Animal Facility or to livestock owner or keeper, kennel or similar facility, wherein the presence of livestock or the operation of a kennel or similar facility is authorized under the applicable land-use and zoning laws and regulations. Enforcement of this Subsection shall be the responsibility of Multnomah County Animal Control, or such agency designated by Council.

2.  Animals located in a Authorized or Permitted Animal Facility. It shall be a violation for any animal located in a Specified Animal Facility, as defined in Portland City Code 13.05.005 G, or to livestock owner or keeper, kennel or similar facility, wherein the presence of livestock or the operation of a kennel or similar facility is authorized under the applicable land-use and zoning laws and regulations to unreasonably cause annoyance, alarm, noise disturbance at any time of the day or night by repetitive barking, whining, screeching, howling, braying or other like sounds which may be heard beyond the boundary of the or keepers property under conditions wherein the animal sounds are shown to have occurred either as an episode of continuous noise lasting for a minimum of period of ten minutes or repeated episodes of intermittent noise lasting for a minimum period of thirty minutes. Enforcement of this Subsection shall be the responsibility of the Bureau of Development Services or another City entity designated by Council.