US Laws, Codes, Statutes & Cases

Chapter 609 — Animal Control; Exotic Animals; Dealers

 

2007 EDITION

 

ANIMAL CONTROL; EXOTIC ANIMALS; DEALERS

 

ANIMALS

 

DOGS

 

609.015     Application of ORS 609.030 and 609.035 to 609.110

 

609.020     Dogs as personal property

 

609.030     Establishing dog control district; appointment of supervisors; enforcement; county governing body as supervisors; dog control officer

 

609.035     Definitions for ORS 609.035 to 609.110 and 609.990

 

609.040     Election to determine whether dogs may run at large

 

609.060     Notice of election result; dogs running at large prohibited; deposit of fees and fines

 

609.090     Impounding certain dogs; procedure for county disposition of impounded dogs; impoundment fees and costs; release of dog

 

609.093     Considerations prior to disposing of chasing, menacing or biting dog

 

609.095     Dog as public nuisance; public nuisance prohibited; complaint

 

609.098     Maintaining dangerous dog

 

609.100     Dog licenses, tags and fees; exemptions

 

609.105     Exemption for assistance animals

 

609.110     Dog License Fund

 

609.115     Liability for injury or property damage caused by potentially dangerous dog

 

609.125     Definition of “livestock”

 

609.135     Applicability of ORS 609.156, 609.162 and 609.168

 

609.140     Right of action by owner of damaged livestock

 

609.150     Right to kill dog that harms or chases livestock

 

609.153     Dog owner education program

 

609.155     Impoundment for harming or chasing livestock; determination of fact; costs

 

609.156     Opportunity to request hearing

 

609.158     Hearing process; notice of determination; reexamination of determination

 

609.161     Disputable presumption that dog harms or chases livestock

 

609.162     Guidelines for imposing remedial measures, civil penalties or other sanctions

 

609.163     Enhanced civil penalties for habitual violators

 

609.165     Judicial review of county determination

 

609.166     Record of penalized owners

 

609.167     Conversion of civil penalty into lien; disposition of proceeds

 

609.168     Microchip identification of dog; rules

 

609.169     Keeping dog with knowledge that it has harmed livestock

 

609.170     Claim by owner of livestock

 

609.180     Hearing and payment of claims

 

609.190     Subrogation of county paying claim; collection by district attorney

 

EXOTIC ANIMALS

 

(Local Government Regulation)

 

609.205     Prohibitions against keeping of wild or exotic animals

 

(Generally)

 

609.305     Definitions for ORS 609.305 to 609.335 and 609.992

 

609.309     Policy on exotic animals

 

609.312     Seller to provide buyer with informational material

 

609.315     Exceptions to permit requirement

 

609.319     Permit required to keep exotic animal

 

609.325     Conditions for keeping exotic animal

 

609.329     Liability for escape or injury

 

609.335     Permits; rules; fee; revocation; warning

 

DESTRUCTION OF ANIMALS

 

609.405     Requirement for destroying dogs and cats

 

ANIMAL DEALERS

 

609.500     Definitions for ORS 609.500 to 609.520 and 609.994

 

609.505     Unlawfully obtaining dog or cat

 

609.510     Animal dealers required to keep records; report to State Department of Agriculture; fee; public inspection of records

 

609.515     Required period of possession of animal by dealer

 

609.520     Inspection of dealer records; procedure for obtaining animal held by dealer; penalty for failure to turn over animal; inspection of dealer facilities

 

REPORTING OF ANIMAL ABUSE

 

609.650     Legislative findings

 

609.652     Definitions for ORS 609.654

 

609.654     Public or private official reporting of aggravated animal abuse; immunity

 

MISCELLANEOUS

 

609.805     Misrepresentation of pedigree; mutilation of certificate or proof of pedigree; violation

 

PENALTIES

 

609.990     Penalties for ORS 609.060, 609.095, 609.098, 609.100, 609.169 and 609.405; disposition of dog by court

 

609.992     Penalties for ORS 609.319; transfer of rights in exotic animal

 

609.994     Penalties for ORS 609.510 to 609.520; cause of action for damages; injunctions

 

DOGS

 

      609.010 [Amended by 1959 c.618 §1; 1967 c.495 §1; 1975 c.749 §2; 1987 c.415 §1; 1993 c.252 §6; 1999 c.658 §4; 1999 c.756 §15; 2001 c.636 §6; repealed by 2005 c.840 §9]

 

      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]

 

      609.020 Dogs as personal property. Dogs are hereby declared to be personal property.

 

      609.030 Establishing dog control district; appointment of supervisors; enforcement; county governing body as supervisors; dog control officer. (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]

 

      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:

      (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]

 

      609.040 Election to determine whether dogs may run at large. (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]

 

      609.050 [Amended by 1967 c.496 §1; repealed by 1977 c.802 §15]

 

      609.060 Notice of election result; dogs running at large prohibited; deposit of fees and fines. (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]

 

      609.070 [Repealed by 1969 c.677 §5]

 

      609.080 [Amended by 1959 c.618 §2; repealed by 1967 c.495 §4]

 

      609.090 Impounding certain dogs; procedure for county disposition of impounded dogs; impoundment fees and costs; release of dog. (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]

 

      609.092 [1977 c.802 §14; repealed by 1999 c.1051 §299]

 

      609.093 Considerations prior to disposing of chasing, menacing or biting dog. 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]

 

      609.095 Dog as public nuisance; public nuisance prohibited; complaint. (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]

 

      609.097 [1975 c.499 §4; 1999 c.658 §9; 2001 c.636 §10; repealed by 2005 c.840 §9]

 

      609.098 Maintaining dangerous dog. (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.

 

      609.100 Dog licenses, tags and fees; exemptions. (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) A license fee is not required to be paid for any dog kept by a person who is blind and who uses the dog as a guide. A license shall be issued for such dog upon the filing by the person who is blind 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; 2007 c.70 §280]

 

      609.105 Exemption for assistance animals. 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]

 

      609.110 Dog License Fund. 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]

 

      609.115 Liability for injury or property damage caused by potentially dangerous dog. (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]

 

      609.120 [Amended by 1969 c.677 §3; repealed by 1977 c.802 §15]

 

      609.125 Definition of “livestock.” 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]

 

      609.130 [Repealed by 1977 c.802 §15]

 

      609.135 Applicability of ORS 609.156, 609.162 and 609.168. (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]

 

      609.140 Right of action by owner of damaged livestock. (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]

 

      609.150 Right to kill dog that harms or chases livestock. (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]

 

      609.153 Dog owner education program. (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]

 

      609.155 Impoundment for harming or chasing livestock; determination of fact; costs. (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]

 

      609.156 Opportunity to request hearing. (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]

 

      609.157 [1975 c.749 §5; 1999 c.756 §21; renumbered 609.161 in 1999]

 

      609.158 Hearing process; notice of determination; reexamination of determination. (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]

 

      609.160 [Amended by 1975 c.499 §2; 1999 c.756 §22; renumbered 609.169 in 1999]

 

      609.161 Disputable presumption that dog harms or chases livestock. 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]

 

      609.162 Guidelines for imposing remedial measures, civil penalties or other sanctions. (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]

 

      609.163 Enhanced civil penalties for habitual violators. (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]

 

      609.165 Judicial review of county determination. (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]

 

      609.166 Record of penalized owners. (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]

 

      609.167 Conversion of civil penalty into lien; disposition of proceeds. (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]

 

      609.168 Microchip identification of dog; rules. (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]