(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] Dogs are hereby declared to be
personal property.(1) The governing body of any county may declare the
county a dog control district.
(2) Upon declaration of the dog control district the county
governing body may appoint a board of supervisors, and provide for the
terms, compensation and other aspects of service by board members, at
least two of whom shall be connected directly or indirectly with the
livestock industry.
(3) The board may issue licenses and enforce all of the county and
state laws relating to the control of dogs within the county, including
that of making arrests and shall perform such other duties as the county
governing body may assign to it.
(4) The county governing body may elect to act as the board of
supervisors of the dog control district.
(5) The county governing body may provide for appointment of a dog
control officer and otherwise provide for administration and enforcement
of a dog control program. [Amended by 1957 c.79 §1; 1963 c.398 §1; 1975
c.297 §1; 1977 c.189 §9]
As used
in ORS 609.035 to 609.110 and 609.990:
(1) “Dog control board” means a group of persons whose duties
include, but need not be limited to, fulfilling the duties of a dog
control district board of supervisors as described in ORS 609.030.
(2) “Dog control officer” means a person whose duties include, but
need not be limited to, enforcing the dog control laws for a dog control
district.
(3) “Keeper” means a person who owns, possesses, controls or
otherwise has charge of a dog, other than:
(a) A licensed business primarily intended to obtain a profit from
the kenneling of dogs;
(b) A humane society or other nonprofit animal shelter;
(c) A facility impounding dogs on behalf of a city or county; or
(d) A veterinary facility.
(4) “Menaces” means lunging, growling, snarling or other behavior
by a dog that would cause a reasonable person to fear for the person’s
safety.
(5) “Potentially dangerous dog” means a dog that:
(a) Without provocation and while not on premises from which the
keeper may lawfully exclude others, menaces a person;
(b) Without provocation, inflicts physical injury on a person that
is less severe than a serious physical injury; or
(c) Without provocation and while not on premises from which the
keeper may lawfully exclude others, inflicts physical injury on or kills
a domestic animal as defined in ORS 167.310.
(6) “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.
(7) “Serious physical injury” has the meaning given that term in
ORS 161.015. [2005 c.840 §4] (1)
When the petition of 100 or more electors of any county is filed with the
county clerk 45 days before the general or special election in any year,
the county clerk shall cause notice to be given that at the election a
vote will be taken for and against permitting dogs to run at large in the
county.
(2) On the petition of 15 or more electors of an election precinct
in any county being filed with the county clerk 45 days before the
general or special election in any year, the county clerk shall cause
notice to be given that at the election a vote will be taken for and
against permitting dogs to run at large in that precinct.
(3) On the petition of 20 or more electors of any incorporated city
or precinct being filed with the county clerk before the time of giving
notice of the general or special election in any year, the county clerk
shall cause notice to be given that at the election a vote will be taken
for and against permitting dogs to run at large in the city.
(4) The provisions of this section shall not apply to areas in the
county inside a city that has an established dog licensing program.
[Amended by 1977 c.802 §4](1) If a majority of all votes
cast in the election provided for by ORS 609.040 is against permitting
dogs to run at large, or if the governing body of the county by ordinance
prohibits dogs from running at large, the county shall give notice, by
publication in some newspaper having a general circulation in the county,
and in the election precinct if the prohibition of dogs running at large
affects any one precinct only, for three consecutive weeks.
(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, city or
precinct where prohibited. A person who is the keeper of a dog is guilty
of a violation if the dog runs at large in a county, city or precinct
where prohibited.
(3) County license fees and the penalty for violation of subsection
(2) of this section or ORS 609.100, when collected, shall be paid into
the county treasury, and kept in a special fund. [Amended by 1965 c.499
§1; 1977 c.802 §5; 1999 c.658 §5](1) A law
enforcement officer or dog control officer may cite a keeper, impound a
dog, or both if:
(a) The dog is found running at large in violation of ORS 609.060;
(b) The dog is a public nuisance as described by ORS 609.095; or
(c) The officer has probable cause to believe that the dog is a
dangerous dog as defined in ORS 609.098.
(2) All dogs impounded under this section and ORS 609.030 shall be
held in an adequate and sanitary pound to be provided by the county
governing body from the general fund or out of funds obtained from dog
licenses and from the redemption of dogs so impounded. However, in lieu
of the establishment of a dog pound, the county governing body may
contract for the care of the dogs. Unless claimed by its keeper, a dog
shall be impounded for at least three days if the dog is without a
license or identification tag and for at least five days if it has a
license or identification tag. A reasonable effort shall be made to
notify the keeper of a dog before the dog is removed from impoundment.
(3) Unless the dog control board or county governing body provides
otherwise, if the keeper appears and redeems the dog, the keeper shall
pay a sum of not less than $10 for the first impoundment and not less
than $20 for each subsequent impoundment and also pay the expense of
keeping the dog during the time it was impounded. If the dog is
unlicensed the keeper shall also purchase a license and pay the
applicable penalty for failure to have a license. If the keeper is not
the owner of the dog, the keeper may request that a license purchased by
the keeper under this subsection be issued in the name of the dog owner.
(4) In addition to any payment required pursuant to subsection (3)
of this section, a dog control board or county governing body may require
as a condition for redeeming the dog that the keeper agree to reasonable
restrictions on the keeping of the dog. The keeper must pay the cost of
complying with the reasonable restrictions. As used in this subsection,
“reasonable restrictions” may include, but is not limited to,
sterilization.
(5) A keeper of a dog maintains a public nuisance if the keeper
fails to comply with reasonable restrictions imposed under subsection (4)
of this section or if a keeper fails to provide acceptable proof of
compliance to the dog control board or county governing body on or before
the 10th day after issuance of the order imposing the restrictions. If
the board or governing body finds the proof submitted by the keeper
unacceptable, the board or governing body shall send notice of that
finding to the keeper no later than five days after the proof is received.
(6) If no keeper appears to redeem a dog within the allotted time,
the dog may be killed in a humane manner. The dog control board or county
governing body may release the dog to a responsible person upon receiving
assurance that the person will properly care for the dog and upon payment
of a sum established by the county governing body plus cost of keep
during its impounding, and purchase of a license if required. The person
shall thereafter be the keeper of the dog for purposes of ORS 609.035 to
609.110.
(7) If the keeper of a dog is not charged with violating ORS
609.095 (2) or (3) or ORS 609.098, and the dog control board or county
governing body finds that the dog has menaced or chased a person when on
premises other than the premises from which the keeper may lawfully
exclude others or has bitten a person, the dog control board or county
governing body may order that the dog be killed in a humane manner.
Before ordering that the dog be killed, the board or governing body shall
consider the factors described in ORS 609.093 and issue written findings
on those factors. Notwithstanding ORS 34.030, if the disposition order
issued by the board or governing body provides that the dog is to be
killed, a petition by the keeper for a writ of review must be filed no
later than the 10th day after the dog control board or county governing
body sends notice of the order to the keeper. Notwithstanding ORS 19.270,
19.330 and 34.070, the order for the killing of the dog may not be
carried out during the period that the order is subject to review or
appeal. If the dog is not killed, the board or governing body may impose
reasonable restrictions on the keeping of the dog. The keeper must pay
the cost of complying with the reasonable restrictions.
(8) If the keeper of a dog is charged with violating ORS 609.095
(2) or (3) or 609.098, upon conviction of the keeper the court may
determine the disposition of the dog as provided under ORS 609.990.
(9) Notwithstanding subsections (2), (3), (6), (7) and (8) of this
section, any dog impounded for biting a person shall be held for at least
10 days before redemption or destruction to determine if the dog is rabid.
(10) Notwithstanding subsections (2) and (3) of this section, if
the keeper is charged with violating ORS 609.098, the dog shall be kept
in impoundment pending resolution of the charges. A court may order the
keeper to post a deposit with the dog control board or county governing
body to cover the cost of keeping the dog in impoundment. If the keeper
is convicted of violating ORS 609.098, the court may order the deposit
forfeited to the board or governing body.
(11) A dog control board or county governing body may impose lesser
fees or penalties under subsections (3) and (6) of this section for
certain senior citizens under certain circumstances. [Amended by 1953
c.571 §2; 1957 c.79 §2; 1963 c.237 §1; 1963 c.585 §1; 1967 c.495 §2; 1969
c.677 §4; 1973 c.655 §3; 1975 c.499 §1; 1977 c.802 §6; 1999 c.658 §§6,6a;
2001 c.636 §7; 2005 c.840 §5]In determining whether a dog should be killed as provided
under ORS 609.090 (7) or 609.990 (6), a dog control board, county
governing body or court shall consider the following factors:
(1) If the dog has bitten a person, the circumstances and severity
of the bite;
(2) Whether the keeper has a history of maintaining dogs that are a
public nuisance;
(3) The impact of keeper actions on the behavior of the dog;
(4) The ability and inclination of the keeper to prevent the dog
from chasing or menacing another person on premises other than the
premises from which the keeper may lawfully exclude others or from biting
another person;
(5) Whether the dog can be relocated to a secure facility;
(6) The effect that a transfer of the keeping of the dog to another
person would have on ensuring the health and safety of the public;
(7) Behavior by the dog before or since the biting, chasing or
menacing; and
(8) Any other factors that the board, governing body or court may
deem relevant. [1999 c.658 §2; 2001 c.636 §8; 2005 c.840 §6](1) A dog is a public nuisance if it:
(a) Chases persons or vehicles on premises other than premises from
which the keeper of the dog may lawfully exclude others;
(b) Damages or destroys property of persons other than the keeper
of the dog;
(c) Scatters garbage on premises other than premises from which the
keeper of the dog may lawfully exclude others;
(d) Trespasses on private property of persons other than the keeper
of the dog;
(e) Disturbs any person by frequent or prolonged noises;
(f) Is a female in heat and running at large; or
(g) Is a potentially dangerous dog, but is not a dangerous dog as
defined in ORS 609.098.
(2) The keeper of a dog in a county, precinct or city that is
subject to ORS 609.030 and 609.035 to 609.110 maintains a public nuisance
if the dog commits an act described under subsection (1) of this section.
Maintaining a dog that is a public nuisance is a violation.
(3) A keeper of a dog maintains a public nuisance if the keeper
fails to comply with reasonable restrictions imposed under ORS 609.990 or
if a keeper fails to provide acceptable proof of compliance to the court
on or before the 10th day after issuance of the order imposing the
restrictions. If the court finds the proof submitted by the keeper
unacceptable, the court shall send notice of that finding to the keeper
no later than five days after the proof is received.
(4) Any person who has cause to believe a keeper is maintaining a
dog that is a public nuisance may complain, either orally or in writing,
to the county, precinct or city. The receipt of any complaint is
sufficient cause for the county, precinct or city to investigate the
matter and determine whether the keeper of the dog is in violation of
subsection (2) or (3) of this section. [1973 c.655 §2; 1977 c.802 §7;
1999 c.658 §8; 1999 c.756 §18; 2001 c.636 §9; 2001 c.926 §15; 2005 c.840
§7] (1) As used in this section,
“dangerous dog” means a dog that:
(a) Without provocation and in an aggressive manner inflicts
serious physical injury, as defined in ORS 161.015, on a person or kills
a person;
(b) Acts as a potentially dangerous dog, as defined in ORS 609.035,
after having previously committed an act as a potentially dangerous dog
that resulted in the keeper being found to have violated ORS 609.095; or
(c) Is used as a weapon in the commission of a crime.
(2) A person commits the crime of maintaining a dangerous dog if
the person is the keeper of a dog and the person, with criminal
negligence, fails to prevent the dog from engaging in an act described in
subsection (1) of this section.
(3) Maintaining a dangerous dog is punishable as described in ORS
609.990. [2005 c.840 §2]Note: 609.098 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 609 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) In a county, precinct or
city having a dog control program under ORS 609.030, 609.035 to 609.110
and 609.405, every person keeping a dog that has a set of permanent
canine teeth or is six months old, whichever comes first, shall procure a
license for the dog. The license must be procured by paying a license fee
to the county in which the person resides not later than March 1 of each
year or within 30 days after the person becomes keeper of the dog.
However, the county governing body may provide for dates other than March
1 for annual payment of fees. The fee for the license shall be determined
by the county governing body in such amount as it finds necessary to
carry out ORS 609.035 to 609.110. A license fee shall not be less than
$25 for each dog, except that the fee shall not be less than $3 for each
spayed female or neutered male dog for which a veterinarian’s certificate
of operation for the spaying or neutering of the dog is presented to the
county. If the person fails to procure a license within the time provided
by this section, the county governing body may prescribe a penalty in an
additional sum to be set by the governing body.
(2) The county shall, at the time of issuing a license, supply the
licensee, without charge, with a suitable identification tag, which shall
be fastened by the licensee to a collar and kept on the dog at all times
when not in the immediate possession of the licensee.
(3) The license fees in subsection (1) of this section do not apply
to dogs that are kept primarily in kennels and are not permitted to run
at large. The county governing body may establish a separate license for
dogs that are kept primarily in kennels when the dogs cease to be
considered inventory under ORS 307.400, the fee for which shall not
exceed $5 per dog.
(4) No license fee shall be required to be paid for any dog kept by
a blind person who uses it as a guide. A license shall be issued for such
dog upon the blind person’s filing of an affidavit with the county
showing that the dog qualifies for exemption.
(5) The county shall keep a record of dog licenses.
(6) Notwithstanding any other provision of this section or ORS
609.015, when the keeper of a dog obtains a license for the dog, that
license is valid and is in lieu of a license for the dog required by any
other city or county within this state, for the remainder of the license
period:
(a) If the keeper of the dog changes residence to a city or county
other than the city or county in which the license was issued; or
(b) If the keeper of the dog transfers the keeping of the dog to a
person who resides in a city or county other than the city or county in
which the license was issued. [Amended by 1953 c.27 §2; 1959 c.374 §1;
1969 c.677 §1; 1973 c.655 §4; 1977 c.189 §10; 1977 c.802 §8; 1987 c.240
§1; 1999 c.658 §§10,10a; 2001 c.753 §13] Notwithstanding ORS
609.015 or 609.100, a county or city shall not charge a fee to license a
dog used as an assistance animal as defined in ORS 346.680. [1979 c.366
§1; 1991 c.67 §155; 1999 c.658 §11; 2001 c.104 §238]All funds derived under ORS 433.340 to
433.385 and 609.035 to 609.110 shall be turned over to the county
treasurer, who shall keep them in a fund to be known as the Dog License
Fund, to be expended as provided for by law. At the end of a fiscal year
any amount of money in the fund determined by the county governing body
to be in excess of the requirements of the Dog License Fund may be placed
in the general fund of the county. [Amended by 1963 c.309 §1; 1969 c.677
§2; 1973 c.655 §5; 1977 c.189 §11](1) As used in this section, “keeper” and
“potentially dangerous dog” have the meanings given those terms in ORS
609.035.
(2) Except as provided in subsection (3) of this section, if a
court has determined under ORS 609.990 that a dog is a potentially
dangerous dog, and subsequent to that determination the dog causes
physical injury to a person or damage to real or personal property, the
keeper of the dog is strictly liable to the injured person or property
owner for any economic damages resulting from the injury or property
damage.
(3) Subsection (2) of this section does not apply if a physical
injury is to a person provoking the dog or assaulting the dog’s keeper or
to a person who trespasses upon premises from which the keeper may
lawfully exclude others. [2005 c.840 §1] As used in ORS 609.135 to
609.190, “livestock” means ratites, psittacines, horses, mules,
jackasses, cattle, llamas, alpacas, sheep, goats, swine, domesticated
fowl and any fur-bearing animal bred and maintained commercially or
otherwise, within pens, cages and hutches. [1999 c.756 §11] (1) ORS
609.156, 609.162 and 609.168 apply in every county having a dog control
program.
(2) Except as provided under subsections (1) and (3) of this
section, ORS 609.135 to 609.190 apply in every county having a dog
control program except as otherwise provided by county charter or
ordinance. Except as provided under subsections (1) and (3) of this
section, the provisions of ORS 609.135 to 609.190 do not limit the powers
of cities or counties to adopt ordinances and regulations relating to the
control of dogs.
(3) ORS 609.162 (2) does not eliminate or restrict the ability of a
county to adopt a charter or ordinance that is contrary to ORS 609.163.
Notwithstanding any county charter or ordinance, a notice of
determination sent under ORS 609.156 (2) or after a full and fair hearing
shall be sent as provided under ORS 609.158 (4). [1999 c.756 §9a] (1) The
owner of any livestock which has been damaged by being injured, chased,
wounded or killed by any dog shall have a cause of action against the
owner of such dog for the damages resulting therefrom, including double
the value of any livestock killed and double the amount of any damage to
the livestock.
(2) If one or more of several dogs owned by different persons
participate in damaging any livestock, the owners of the respective dogs
shall be jointly and severally liable under this section. The owners of
dogs jointly or severally liable under this section have a right of
contribution among themselves. The right exists only in favor of an owner
who has paid more than the pro rata share of the owner, determined by
dividing the total damage by the number of dogs involved, of the common
liability, and the total recovery of the owner is limited to the amount
paid by the owner in excess of the pro rata share of the owner.
(3) An action brought under this section may be tried as an action
at law in any court of competent jurisdiction.
(4) As used in this section:
(a) “Owner” means the head of the family of the home where the dog
is cared for at the time of the damage.
(b) “Head of the family” means any person who has charge or manages
the affairs of a collective body of persons residing together, the
relations between whom are of a permanent and domestic character.
[Amended by 1973 c.655 §7; 1975 c.749 §1] (1)
Except as provided in subsection (3) of this section, any dog, whether
licensed or not, which, while off the premises owned or under control of
its owner, kills, wounds, or injures any livestock not belonging to the
master of such dog, is a public nuisance and may be killed immediately by
any person. However, nothing in this section applies to any dog acting
under the direction of its master, or the agents or employees of such
master.
(2) If any dog, not under the control of its owner or keeper, is
found chasing or feeding upon the warm carcass of livestock not the
property of such owner or keeper it shall be deemed, prima facie, as
engaged in killing, wounding or injuring livestock.
(3) No person shall kill any dog for killing, wounding, injuring or
chasing chickens upon a public place, highway or within the corporate
limits of any city. [Amended by 1975 c.749 §6] (1) The State Department of
Agriculture shall coordinate the development of a program to educate dog
owners concerning their responsibility to avoid conflicts between dogs
and livestock. The program shall include the publication of a brochure. A
discussion of penalties and other measures provided for under ORS 609.162
and 609.163 shall be included in the brochure.
(2) The obligation of the department under subsection (1) of this
section is limited to the extent of any moneys specifically appropriated
for that purpose or available from donations, gifts and grants by private
or other nonstate sources. [1999 c.756 §10](1) In a county with a dog control program, upon finding
a dog engaged in killing, wounding, injuring or chasing livestock or upon
receipt from a complainant of evidence that a dog has been so engaged,
the dog control officer or other law enforcement officer shall impound
the dog.
(2) If there is reason to believe that reasonable testing of a dog
impounded pursuant to subsection (1) of this section, including but not
limited to a fecal examination or examination of the teeth of the dog,
will provide substantial further evidence as to whether the dog has been
engaged in killing, wounding, injuring or chasing livestock, the county
shall provide for the administration of the tests by a licensed
veterinarian.
(3)(a) After the completion of tests administered pursuant to
subsection (2) of this section and allowing an opportunity for a hearing
under ORS 609.158, the county shall determine whether the dog has been
engaged in killing, wounding, injuring or chasing livestock. If the
county determines that the dog has been so engaged, the county shall take
action as provided under ORS 609.162 and 609.163. In addition to any
action taken under ORS 609.162 and 609.163, the county may require that
the dog owner pay the costs of keeping and testing the dog during
impoundment. If the county determines that the dog has not been engaged
in killing, wounding, injuring or chasing livestock, the dog shall be
released to its owner and, if the dog had been impounded upon receipt of
evidence from a complainant, the complainant shall pay the costs of
keeping and testing the dog during the impoundment.
(b) Notwithstanding ORS 609.090, a dog impounded pursuant to
subsection (1) of this section shall not be released until a
determination is made by the county pursuant to this subsection. [1975
c.749 §4; 1977 c.802 §9; 1999 c.756 §20] (1) Prior to making a
determination whether a dog has killed, wounded, injured or chased
livestock, a county shall provide an opportunity for the dog owner to
receive a hearing. The county shall send notice of the opportunity to
request a hearing in a manner that is reasonably calculated, under all
the circumstances, to apprise the dog owner of the specific behavior and
incident alleged and the possible penalties, and to provide the dog owner
with a fair opportunity for making the hearing request.
(2) A dog owner must cause a hearing request to be delivered to the
county not later than the 14th day following the sending of notice under
subsection (1) of this section. If a dog owner does not make a timely
request for a hearing, the dog owner is conclusively presumed to have
admitted the matter alleged and the county may immediately take action
under ORS 609.162 and 609.163. The county shall send notice of its
determination in the manner provided under ORS 609.158 (4). [1999 c.756
§2](1) A hearing may be conducted and a determination whether
a dog has killed, wounded, injured or chased livestock may be made by the
county governing body or any members thereof, the dog control board or
any members thereof or a county hearings officer.
(2) Notwithstanding ORS 9.160 and 9.320, the county may choose to
be represented at the hearing by any employee of the county. If the
employee is not an attorney, the employee shall not present legal
argument, examine or cross-examine witnesses, present rebuttal evidence
or give legal advice to the governing body, dog control board or hearings
officer conducting the hearing.
(3) The person presiding at the hearing shall ensure that the
record developed at the hearing shows a full and fair inquiry into the
facts necessary to determine the matter alleged. A determination made by
a county following a hearing must be upon consideration of the whole
record and supported by reliable, probative and substantial evidence.
(4) The county shall notify the dog owner of its determination and
of any civil penalties or other measures imposed by delivering or mailing
a copy to the dog owner or, if applicable, the attorney of the dog owner.
(5) If a hearing is not conducted by a majority of the county
governing body, the owner may request that the county governing body
reexamine the determination. If the county governing body does not grant
the request for reexamination within 14 days, the request shall be deemed
denied. A county governing body may not reexamine a determination if a
petition for judicial review of the determination has been filed. [1999
c.756 §3]
For purposes of ORS 609.135 to 609.190, a disputable presumption shall
arise that a dog has been engaged in killing, wounding, injuring or
chasing livestock if:
(1) The dog is found chasing livestock not the property of the
owner of the dog in an area where freshly damaged livestock are found;
(2) The dog is found feeding upon a warm carcass of a livestock
animal;
(3) An examination of the dog’s feces indicates ingestion of
portions of the anatomy or covering of the anatomy of livestock by the
dog; or
(4) Portions of the anatomy or covering of the anatomy of livestock
are found on the teeth of the dog, unless the dog is regularly used for
the purpose of herding sheep. [Formerly 609.157](1) If a county determines under ORS 609.156 (2) or
after a full and fair hearing that a dog has engaged in killing,
wounding, injuring or chasing livestock, the county shall take action in
accordance with the following guidelines:
(a) If the dog has engaged in chasing livestock and has not
previously killed, wounded, injured or chased livestock:
(A) The county shall take reasonable measures to prevent a
recurrence. Reasonable measures include, but are not limited to,
requiring that the dog owner take specific measures to adequately confine
the dog and provide a notarized written pledge that the owner will
prevent the dog from chasing livestock again; and
(B) The county may impose a civil penalty of not more than $500.
(b) If the dog has engaged in chasing livestock and has previously
killed, wounded, injured or chased livestock, or if the dog has engaged
in wounding or injuring livestock and has not previously killed, wounded,
injured or chased livestock, the county shall impose a civil penalty of
not less than $250 and not more than $1,000. In addition to imposing the
civil penalty, the county may:
(A) Require the dog owner to surrender the dog for adoption by a
new owner approved by the county;
(B) Require the owner to remove the dog to a location where, in the
opinion of the county, the dog does not present a threat to livestock; or
(C) Require that the dog be put to death in a humane manner. Before
requiring that a dog be put to death under this subparagraph, the county
shall make specific findings on the record that other measures are not
available, are not adequate to remedy the problem or are otherwise
unsuitable.
(c) If the dog has engaged in wounding or injuring livestock and
has previously killed, wounded, injured or chased livestock, or if the
dog has engaged in killing livestock and has not previously killed
livestock, the county shall impose a civil penalty of not less than $500
and not more than $1,000. In addition to imposing the civil penalty, the
county shall:
(A) Require the dog owner to remove the dog to a location where, in
the opinion of the county, the dog does not present a threat to
livestock; or
(B) Require that the dog be put to death in a humane manner.
(d) If the dog has engaged in killing livestock and the dog has
previously killed livestock, the county shall impose a civil penalty of
not less than $500 and not more than $1,000. In addition to imposing the
civil penalty, the county shall require that the dog be put to death in a
humane manner.
(2) In establishing the history of a dog for purposes of this
section, or the history of an owner for purposes of ORS 609.163, a county
shall consider all known determinations involving the dog or owner by any
court, or by a governing body, official or agency of any local or state
government, without regard to where or when the incident occurred. [1999
c.756 §5] (1) If a
county assesses a civil penalty under ORS 609.162 against a dog owner who
has previously been assessed a civil penalty, fine or forfeiture based
upon the killing, wounding, injuring or chasing of livestock in an
incident not involving the same dog or dogs as in the matter being
determined, the county shall assess an additional civil penalty of not
less than $250 and not more than $1,000.
(2) If a county assesses a civil penalty under ORS 609.162 against
a dog owner who has previously been assessed two or more civil penalties,
fines or forfeitures, or a combination thereof, based upon the killing,
wounding, injuring or chasing of livestock in two or more incidents not
involving the same dog or dogs as in the matter being determined, the
county shall assess an additional civil penalty of not less than $1,000
and not more than $5,000. A penalty under this subsection is in lieu of a
civil penalty under subsection (1) of this section.
(3) In addition to any other civil penalty under this section or
ORS 609.162, if a dog that kills, wounds, injures or chases livestock is
not licensed as required, the county may assess a civil penalty of not
more than $1,000. A civil penalty imposed under this subsection shall
prevent imposition of a fine under ORS 609.990 for violation of ORS
609.100. [1999 c.756 §6] (1) A
determination issued under ORS 609.156 or 609.158 is subject to judicial
review by the circuit court for the county making the determination as
provided under ORS 34.010 to 34.100. Notwithstanding ORS 34.070, filing a
petition for review shall automatically stay execution of the
determination made by the county.
(2) Notwithstanding ORS 34.030, a petition for review must be filed
no later than the 21st day following the date on which the county
delivered or mailed its determination in accordance with ORS 609.158 (4).
The filing of a request for reexamination under ORS 609.158 (5) does not
act to toll the time for filing a petition for judicial review. However,
if a county governing body reexamines the determination, the time for
filing a petition for judicial review shall be extended through the 21st
day following the date that the result of the reexamination is delivered
or mailed.
(3) If the court reverses the decision of the county, the court
shall make special findings of fact based upon the evidence in the record
and conclusions of law indicating clearly all aspects in which the
county’s procedure or determination was in error. [1999 c.756 §4] (1) When a civil penalty is
assessed against a dog owner under ORS 609.162 or 609.163, the county
shall supply the State Department of Agriculture with information
identifying the dog owner. The department shall supply the counties with
forms for recording the information.
(2) The department shall maintain the record of a penalized dog
owner for a reasonable period and shall make the record available to any
county upon request.
(3) The county and the department may charge reasonable fees to the
dog owner to cover the cost of conducting and administering the dog owner
information program. [1999 c.756 §8](1) Moneys collected from a dog owner under ORS 609.162 or
609.163 shall be deposited in the county treasury.
(2) A civil penalty under ORS 609.162 or 609.163 is a penalty
against the person owning the dog at the time that the dog killed,
wounded, injured or chased livestock. The penalty may not be transferred
to a subsequent owner of the dog.
(3) When a county assesses a civil penalty under ORS 609.162 or
609.163, if the amount of penalty is not paid within 21 days after
delivery or mailing of the determination, the county may record the
penalty with the county clerk of any county of this state. The clerk
shall thereupon record in the County Clerk Lien Record the name of the
person incurring the penalty. However, the county shall not record a
penalty with a county clerk while a request for reexamination or petition
for judicial review is pending.
(4) In addition to any other remedy provided by law, recording an
order in the County Clerk Lien Record pursuant to this section has the
effect provided for in ORS 205.125 and 205.126, and the order may be
enforced as provided in ORS 205.125 and 205.126.
(5) Imposition of a civil penalty under ORS 609.162 or 609.163 does
not prevent the bringing of an action for damages under ORS 609.140 or
609.190. A determination by the county that a dog has killed, wounded,
injured or chased livestock is prima facie evidence of the matter in a
subsequent action under ORS 609.140 but not in an action under ORS
609.190. [1999 c.756 §7] (1) A county shall
implant an identifying microchip into a dog described in ORS 609.162 that
is not put to death. Implantation shall be made prior to any adoption or
relocation of the dog. The State Department of Agriculture, by rule,
shall prescribe standards for microchip implantation. The county making
an implantation shall forward the microchip information and the record of
the dog to the department.
(2) The department shall maintain the record for a dog implanted
with a microchip under this section for a reasonable period and shall
make the record available to any county upon request.
(3) The county and the department may charge reasonable fees to the
dog owner to cover the cost of conducting and administering the microchip
implantation program. [1999 c.756 §9]
(1) Except as provided under subsections (2) and (3) of this section, a
person may not own, harbor or keep any dog with knowledge that it has
killed, wounded or injured livestock within this state or, with knowledge
that, while off the premises owned or under the control of its owner and
while not acting under the direction of its master or the agents or
employees of such master, it has killed or seriously injured any person.
(2) A person is not prohibited from owning, harboring or keeping a
dog pursuant to a county approved adoption or relocation of a dog under
ORS 609.162 (1)(b) or (c).
(3) A person is not prohibited from owning, harboring or keeping a
dog, with knowledge that it has killed or wounded chickens, unless the
dog owner fails to pay full damages for the killed or wounded chickens
within three days after receipt of a demand for those damages from the
owner of the chickens. [Formerly 609.160] In a county with a dog control
program the owner of any livestock killed, wounded, chased or injured by
any dog may, within 10 days after the killing, wounding, chasing or
injuring occurred, or became known to the owner, present to the dog
control board or county governing body a verified statement containing a
full account of the incident, stating in detail the amount of damage
claimed on account thereof, and the name and address of the owner or
keeper of the dog, if known. The claim shall be supported by the
affidavit of at least one disinterested person as to all material facts
contained in it. [Amended by 1953 c.640 §2; 1975 c.749 §7; 1977 c.802 §10] All claims presented as
provided by ORS 609.170 shall be heard at the first regular session of
the dog control board or county governing body after their presentation,
or as soon thereafter as may be practicable. If the board or governing
body determines that any livestock has been damaged by being killed,
wounded, injured or chased, it shall file and enter a record of the value
of the livestock and order a warrant drawn for the amount of damages thus
found, or any portion thereof that it considers just, to be paid by the
county treasurer out of the Dog License Fund. A livestock owner may
refuse to accept the tendered payment and may withdraw a claim filed
under ORS 609.170. If the dog control board or county governing body
considers the claim unjust, it shall disallow the claim and enter that
fact upon its record. A claim may not be allowed where it appears that
the damage complained of was caused by a dog owned or controlled by the
claimant or the agent of the claimant. [Amended by 1975 c.749 §8; 1977
c.802 §11; 1999 c.756 §23]In each case where a claim against the Dog License Fund of any
county has been paid by the dog control board or county governing body,
the county shall be subrogated to all the rights of the livestock owner
against the dog owner for damages. The district attorney shall proceed
promptly, in a lawful way, to collect for those damages. Any money so
collected shall be paid over immediately to the treasurer of the county
and credited to the Dog License Fund. [Amended by 1975 c.749 §9; 1977
c.802 §12; 1999 c.756 §24]EXOTIC ANIMALS(Local Government Regulation)
Notwithstanding the provisions of ORS chapters 496, 497 and 498 relating
to wildlife, and ORS 609.305 to 609.335 and 609.992 relating to exotic
animals, a city or county may prohibit by ordinance the keeping of
wildlife, as defined in ORS 496.004, and may prohibit by ordinance the
keeping of exotic animals as defined in ORS 609.305. [1977 c.802 §3; 1985
c.437 §9](Generally) As used
in ORS 609.305 to 609.335 and 609.992, “exotic animal” means:
(1) Any member of the family Felidae not indigenous to Oregon,
except the species Felis catus (domestic cat);
(2) Any nonhuman primate;
(3) Any wolf (Canis lupus);
(4) Any nonwolf member of the family Canidae not indigenous to
Oregon, except the species Canis familiaris (domestic dog); and
(5) Any bear, except the black bear (Ursus americanus). [1985 c.437
§2; 1999 c.699 §3] It is the policy of this state
that the keeping of exotic animals be regulated so as to ensure the
health, welfare and safety of those animals and to ensure the security of
facilities in which they are kept, so as to avoid undue physical or
financial risk to the public. It is the policy of this state that
regulation place no more burden upon the keepers of exotic animals than
is required to accomplish the purposes expressed in this section. [1985
c.437 §1; 1999 c.699 §4] A
person who sells an exotic animal must, prior to accepting the offer to
purchase, provide the prospective purchaser of the animal with
informational material approved by the State Department of Agriculture
regarding the care, husbandry, health and nutritional needs of the
animal. [1999 c.699 §2] The requirements for a
permit in ORS 609.319 and 609.335 shall not apply to:
(1) A wildlife rehabilitation center operated under a valid permit
issued by the State Fish and Wildlife Commission pursuant to ORS 497.308;
or
(2) A facility operated under a valid license or registration
issued by the United States Department of Agriculture pursuant to the
federal Animal Welfare Act of 1970 (7 U.S.C. 2133 or 2136). [1985 c.437
§8; 1999 c.699 §5] No person may keep
an exotic animal in this state unless, before acquiring the animal, the
person possesses a valid State Department of Agriculture permit for that
animal issued pursuant to ORS 609.335. No person may keep an exotic
animal in this state for more than 30 days after the expiration,
revocation or suspension of a permit. [1985 c.437 §3; 1999 c.699 §6] Any person who keeps
an exotic animal shall keep the animal under conditions of confinement or
control that, given the nature of the animal, would be imposed by a
reasonable and prudent keeper to avoid physical or financial risk to the
public as a result of escape of the animal or otherwise. [1985 c.437 §4;
1999 c.699 §7] (1) A keeper of an exotic
animal is strictly liable for:
(a) Costs incurred by any person or city, county or state agency in
attempting to remedy the animal’s escape from custody;
(b) Personal injury, property damage or similar loss directly or
indirectly caused by the animal’s escape from custody, the lack of
custody over the animal or efforts to remedy the animal’s escape from
custody; and
(c) Personal injury directly caused by the animal while in custody.
(2) Notwithstanding subsection (1) of this section, if an injury or
escape by an exotic animal is in whole or in part the result of a willful
unlawful act by a person other than the keeper, the keeper’s liability
for damages resulting from the escape or injury is the amount of total
damages multiplied by the percentage of fault attributable to the
keeper’s negligence. [1985 c.437 §5; 1999 c.699 §8] (1) The State
Department of Agriculture shall issue permits for the keeping of exotic
animals, as defined in ORS 609.305.
(2) The department shall adopt reasonable rules for issuing permits
to keep exotic animals and establishing conditions thereof. The
conditions shall be directed toward ensuring the health, welfare and
safety of the animals and, where necessary, the security of facilities in
which the animals are kept so as to avoid undue physical or financial
risk to the public. The rules shall be no more restrictive upon keepers
of exotic animals than is reasonably necessary to carry out subsection
(1) of this section and the purposes of ORS 609.309.
(3) A separate permit shall be required for each species of exotic
animal kept. A permit shall be valid for a period of two years from the
date of issue and may be renewed.
(4) The department may charge a fee for the issuance and renewal of
permits under this section. The fee shall not exceed $300 for each
issuance and $100 for each renewal.
(5) The department may revoke a permit upon finding a violation of
rules adopted under this section, or the department may issue a finding
of violation and a warning to remedy the violation by a specified date.
[1985 c.437 §7; 1999 c.699 §9]DESTRUCTION OF ANIMALS (1) No city or
county or any facility with which the city or county has contracted to
perform animal control functions and no humane society shall cause a dog
or cat to be destroyed except by lethal injection of sodium pentobarbital
or other substance approved by the Oregon State Veterinary Medical
Examining Board.
(2) If a particular dog or cat to be destroyed poses an imminent
threat to human or animal life, making use of lethal injection of sodium
pentobarbital inappropriate, a reasonable and appropriate alternative may
be used. The alternative method may be subject to review by the Oregon
State Veterinary Medical Examining Board. [1985 c.289 §2(1),(2)]ANIMAL DEALERS As used
in ORS 609.500 to 609.520 and 609.994, unless the context requires
otherwise:
(1) “Animal control officer” means any person operating under the
authority of this state, any unit of local government or the United
States Government or pursuant to an agreement with any state or local
government authority, for the purpose of:
(a) Providing shelter and other care for lost, homeless or injured
animals;
(b) Serving as an information center concerning missing and found
animals;
(c) Protecting the public from hazardous or insanitary conditions
associated with animals that are running at large; or
(d) Protecting animals from neglect, cruelty or abuse.
(2) “Animal dealer” means any person, whether or not duly licensed
or registered under state or federal law, who acquires or maintains
possession of a dog or cat with the intention of selling the animal to
another person, but does not include:
(a) Any research facility, retail pet store, animal control agency
or animal shelter;
(b) Any person who sells the person’s companion animal or the
offspring of the companion animal;
(c) Any person who receives less than $250 per calendar year for
the sale of animals;
(d) Any person who breeds or possesses animals solely for sale to
research facilities and does not purchase or accept animals from the
public or paid collectors;
(e) Any commercial breeder or distributor who sells animals
exclusively for the purpose of private pet ownership;
(f) Any person who receives lost or injured animals for the
exclusive purpose of rehabilitating the animals or placing them in
private pet ownership;
(g) Any person who breeds or possesses dogs or cats for
competition, exhibition, legal sporting events, search and rescue
activity or police activity; or
(h) Any person licensed to practice veterinary medicine, surgery or
dentistry under ORS chapter 686.
(3) “Animal shelter” means any person operating a facility in this
or any other state for the purposes of:
(a) Providing shelter and other care for lost, homeless or injured
animals;
(b) Serving as an information center concerning missing and found
animals; or
(c) Protecting animals from neglect, cruelty or abuse.
(4) “Companion animal” means a dog or cat possessed by a person,
business or other entity for purposes of companionship, security,
hunting, herding or providing assistance in relation to a physical
disability.
(5) “Person” means a human being, corporation, nonprofit
corporation, association, partnership, sole proprietorship or other legal
entity.
(6) “Research facility” means any person who:
(a) Investigates or gives instruction concerning the structure or
functions of living organisms, the causes, prevention, control or cure of
diseases or abnormal conditions of human beings or animals, or the
effects of substances on human beings or animals; or
(b) Manufactures or sells products to be used in the prevention,
control or cure of diseases or abnormal conditions of human beings or
animals, or in the testing of the effects of substances on human beings
or animals. [1991 c.837 §2] (1) A person commits the
crime of unlawfully obtaining a dog or cat if the person:
(a) Is an animal dealer; and
(b) Obtains a companion animal or the offspring of a companion
animal from a person who has not raised the companion animal or the
offspring of the companion animal on the person’s own premises.
(2) Unlawfully obtaining a dog or cat is a Class A misdemeanor.
(3) It is an affirmative defense to a charge of violating
subsections (1) and (2) of this section that an animal dealer, having
received a companion animal or the offspring of a companion animal in
violation of subsections (1) and (2) of this section, delivers the
companion animal or the offspring of the companion animal to an animal
shelter within 24 hours of acquisition. [1991 c.837 §§3,4](1) Every
animal dealer shall establish and maintain records on each dog or cat and
the dog’s or cat’s offspring in the dealer’s possession or control,
including:
(a) The species, gender, approximate age, color and distinctive
markings and breed of the dog or cat;
(b) A photograph of the dog or cat made within 24 hours of
acquisition or birth;
(c) The name, address and driver license number or other official
state identification number of the person providing the dog or cat;
(d) The date of acquisition or birth of the dog or cat;
(e) The date and nature of disposition of the dog or cat; and
(f) The intended destination of the dog or cat at release.
(2) Within 24 hours of the acquisition or birth of a dog or cat in
the possession of any animal dealer, the dealer shall forward, by first
class mail or any more expeditious method, the information required by
subsection (1) of this section to the State Department of Agriculture and
a fee of $1 for each dog or cat reported.
(3) The department shall maintain the reports and provide for
public inspection of, and telephone inquiries concerning, the reports
during normal business hours. [1991 c.837 §5] Every
animal dealer shall maintain possession of each dog or cat received for a
period of at least 10 days after initial receipt of the dog or cat,
unless the dealer:
(1) Returns the dog or cat to its rightful owner; or
(2) Delivers the dog or cat to an animal shelter. [1991 c.837 §6](1)(a) An animal dealer shall permit
inspection during normal business hours of companion animal records and
the location at which companion animals are kept. The dealer may require
documentation that a person seeking to inspect the location is the owner
of a companion animal. When making the inspection, the person may be
accompanied by an animal control officer. A person may demand inspection
only if it is for the purpose of seeking the person’s own companion
animal. A person is allowed no more than three inspections per week for
up to six weeks following the disappearance of the person’s companion
animal.
(b) The person may prove ownership of a companion animal by
providing the dealer with:
(A) Photographs clearly showing the companion animal and any
distinguishing markings;
(B) Licensing information;
(C) Veterinary records;
(D) Registration records;
(E) Microchip-implantation records; or
(F) Tattooing records.
(2)(a) When a person claims to be the owner of a companion animal
being held by an animal dealer, the animal dealer shall:
(A) Upon proof of ownership and payment by the person of actual
direct expenses incurred by the animal dealer in obtaining and caring for
the dog or cat, turn the dog or cat over to the person; or
(B) If the animal dealer disputes the identification, or if the
amount of expenses cannot be agreed upon, turn the dog or cat over to an
animal shelter pending resolution of the dispute.
(b) If the person claiming to be the owner and the animal dealer
cannot resolve the dispute within a reasonable length of time, the
circuit court for the area in which the dog or cat is located may, upon
petition, designate a third party to serve as an impartial adjudicator of
the issue. The decision of the third party is final and the dog or cat
shall be released accordingly. If the decision is in favor of the person
claiming to be the owner, that person shall pay the animal dealer the
amount of the actual direct expenses incurred by the animal dealer in
obtaining and caring for the dog or cat while the dog or cat was in the
possession of the animal dealer. The party losing the dispute shall pay
the expenses incurred by the animal shelter in caring for the dog or cat
during the pendency of the dispute. No filing or other fees shall apply
to the petition to the circuit court. The court shall process the matter
as informally and as expeditiously as possible.
(c) An animal dealer who fails to turn a dog or cat over as
required by this subsection commits a Class A misdemeanor.
(3) Law enforcement officers or animal control officers may conduct
routine inspections of animal dealer facilities during normal business
hours to insure compliance with animal control statutes, ordinances and
regulations. [1991 c.837 §7; 1995 c.658 §110]MISCELLANEOUS(1) No person shall:
(a) By any false representation and with intent to defraud, obtain
from any corporation, club, association, society or company organized in
whole or in part for the purpose of improving breeds of cattle, horses,
sheep, swine or other domestic animals, a false certificate of
registration of any such animal in their herd register or other register,
or obtain the transfer of any such certificate.
(b) Knowingly and with intent to defraud, give a false pedigree of
any such animal.
(c) During the existence of any mortgage on or lien or charge
against any such animal, spoliate, mutilate or destroy the registration
certificates or proofs of pedigree, or so encumber the same that the
animal covered thereby cannot, in connection with the records, rules and
regulations of the corporation, club, association, society or company
under which the animal is registered, be directly designated thereby.
(2) Violation of this section is a Class B misdemeanor. [Formerly
605.040]PENALTIES(1) Violation of ORS
609.060 (2), 609.100 or 609.169 is a Class B violation.
(2) Maintaining a public nuisance in violation of ORS 609.095 (2)
or (3) is punishable by a fine of not more than $250.
(3)(a) Except as provided in paragraph (b) of this subsection,
violation of ORS 609.098 is a Class A misdemeanor.
(b) If a dog kills a person, violation of ORS 609.098 is a Class C
felony.
(c) If a keeper violates ORS 609.098, the court shall order the
dangerous dog killed in a humane manner.
(4) Violation of ORS 609.405 constitutes a Class C misdemeanor.
(5) In addition to any fine or sentence imposed under this section,
a court may order a person who violates ORS 609.060 (2), 609.095,
609.098, 609.100, 609.169 or 609.405 to pay restitution for any physical
injury, death or property damage caused by the dog as a result of the
keeper’s violation of ORS 609.060 (2), 609.095, 609.098, 609.100, 609.169
or 609.405. The court may also order the person to pay the cost of
keeping the dog in impoundment.
(6) In addition to any fine imposed or restitution ordered of a
keeper for a violation of ORS 609.060 (2), 609.095, 609.100, 609.169 or
609.405, the court may impose reasonable restrictions on the keeping of
the dog to ensure the safety or health of the public. The keeper must pay
the cost of complying with reasonable restrictions. As used in this
subsection, “reasonable restrictions” may include, but is not limited to,
sterilization. If the dog is a potentially dangerous dog, the court may
order the dog killed in a humane manner. In determining whether to have
the dog killed, the court shall give consideration to the factors
described in ORS 609.093 and issue written findings on those factors.
(7) Notwithstanding ORS 19.270 and 19.330, subject to periodic
advance payment of the cost of keeping the dog in impoundment, the
killing of a dog pursuant to an order under subsection (3) or (6) of this
section may not be carried out during the period that the order is
subject to the appeal process. Unless otherwise ordered by the Court of
Appeals, the dog may be killed during the appeal period if the keeper
fails to maintain advance payment of the cost of keeping the dog
impounded.
(8) If a court orders a dog killed under subsection (6) of this
section and the keeper does not make the dog available for that purpose,
the court may issue a search warrant for a property upon probable cause
to believe that the dog is located at that property. [Amended by 1963
c.237 §2; 1965 c.499 §2; 1967 c.495 §3; 1973 c.655 §6; 1977 c.802 §13;
subsection (3) enacted as 1985 c.289 §2(3); 1999 c.658 §§12,12a; 1999
c.1051 §§208,322b; 2001 c.636 §11; 2005 c.840 §8](1) Violation of ORS 609.319 is a Class B misdemeanor.
(2) In addition to and not in lieu of any jail sentence or fine it
may impose, a court may require a defendant convicted under ORS 609.319
to forfeit any rights of the defendant in any exotic animal kept in
violation thereof and to repay reasonable costs incurred by any person,
city, county or state agency in caring for the animal prior to judgment.
(3) When the court orders the defendant’s rights in the exotic
animal to be forfeited, the court may further order that those rights be
given over to an appropriate person or agency demonstrating a willingness
to accept and care for the animal or to the county or an appropriate
animal care agency for further disposition in accordance with accepted
practices for humane treatment of animals. This subsection shall not
constitute or authorize any limitation upon the right of the person or
agency to whom rights are granted to resell or otherwise make disposition
of the animal. A transfer of rights under this subsection constitutes a
transfer of ownership. [1985 c.437 §6](1) Violation of ORS 609.510, 609.515 or 609.520 is
punishable by a fine of not less than $500, nor more than $50,000.
(2) A person has a cause of action for the recovery of compensatory
damages from any person violating ORS 164.055 (1)(e), 164.085, 609.510,
609.515 or 609.520. In the action, the minimum pecuniary value of any
companion animal is $250.
(3) The circuit court for each county has the authority to enjoin
any violation of ORS 609.510, 609.515 or 609.520, to issue warrants and
to take such other actions as equity or justice may require. [1991 c.837
§8; 1995 c.658 §111]
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