2007 Oregon Code - Chapter 609 :: Chapter 609 - Animal Control - Exotic Animals - Dealers
Chapter 609 —
Animal Control; Exotic Animals; Dealers
2007 EDITION
ANIMAL CONTROL; EXOTIC ANIMALS; DEALERS
ANIMALS
DOGS
609.015Â Â Â Â Application
of ORS 609.030 and 609.035 to 609.110
609.020Â Â Â Â Dogs
as personal property
609.030Â Â Â Â Establishing
dog control district; appointment of supervisors; enforcement; county governing
body as supervisors; dog control officer
609.035Â Â Â Â Definitions
for ORS 609.035 to 609.110 and 609.990
609.040Â Â Â Â Election
to determine whether dogs may run at large
609.060Â Â Â Â Notice
of election result; dogs running at large prohibited; deposit of fees and fines
609.090Â Â Â Â Impounding
certain dogs; procedure for county disposition of impounded dogs; impoundment
fees and costs; release of dog
609.093Â Â Â Â Considerations
prior to disposing of chasing, menacing or biting dog
609.095Â Â Â Â Dog
as public nuisance; public nuisance prohibited; complaint
609.098Â Â Â Â Maintaining
dangerous dog
609.100Â Â Â Â Dog
licenses, tags and fees; exemptions
609.105Â Â Â Â Exemption
for assistance animals
609.110Â Â Â Â Dog
License Fund
609.115Â Â Â Â Liability
for injury or property damage caused by potentially dangerous dog
609.125Â Â Â Â Definition
of “livestock”
609.135Â Â Â Â Applicability
of ORS 609.156, 609.162 and 609.168
609.140Â Â Â Â Right
of action by owner of damaged livestock
609.150Â Â Â Â Right
to kill dog that harms or chases livestock
609.153Â Â Â Â Dog
owner education program
609.155Â Â Â Â Impoundment
for harming or chasing livestock; determination of fact; costs
609.156Â Â Â Â
609.158Â Â Â Â Hearing
process; notice of determination; reexamination of determination
609.161Â Â Â Â Disputable
presumption that dog harms or chases livestock
609.162Â Â Â Â Guidelines
for imposing remedial measures, civil penalties or other sanctions
609.163Â Â Â Â Enhanced
civil penalties for habitual violators
609.165Â Â Â Â Judicial
review of county determination
609.166Â Â Â Â Record
of penalized owners
609.167Â Â Â Â Conversion
of civil penalty into lien; disposition of proceeds
609.168Â Â Â Â Microchip
identification of dog; rules
609.169Â Â Â Â Keeping
dog with knowledge that it has harmed livestock
609.170Â Â Â Â Claim
by owner of livestock
609.180Â Â Â Â Hearing
and payment of claims
609.190Â Â Â Â Subrogation
of county paying claim; collection by district attorney
EXOTIC ANIMALS
(Local Government Regulation)
609.205Â Â Â Â Prohibitions
against keeping of wild or exotic animals
(Generally)
609.305Â Â Â Â Definitions
for ORS 609.305 to 609.335 and 609.992
609.309Â Â Â Â Policy
on exotic animals
609.312Â Â Â Â Seller
to provide buyer with informational material
609.315Â Â Â Â Exceptions
to permit requirement
609.319Â Â Â Â Permit
required to keep exotic animal
609.325Â Â Â Â Conditions
for keeping exotic animal
609.329Â Â Â Â Liability
for escape or injury
609.335Â Â Â Â Permits;
rules; fee; revocation; warning
DESTRUCTION OF ANIMALS
609.405Â Â Â Â Requirement
for destroying dogs and cats
ANIMAL DEALERS
609.500Â Â Â Â Definitions
for ORS 609.500 to 609.520 and 609.994
609.505Â Â Â Â Unlawfully
obtaining dog or cat
609.510Â Â Â Â Animal
dealers required to keep records; report to State Department of Agriculture;
fee; public inspection of records
609.515Â Â Â Â Required
period of possession of animal by dealer
609.520Â Â Â Â 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
609.650Â Â Â Â Legislative
findings
609.652Â Â Â Â Definitions
for ORS 609.654
609.654Â Â Â Â Public
or private official reporting of aggravated animal abuse; immunity
MISCELLANEOUS
609.805Â Â Â Â Misrepresentation
of pedigree; mutilation of certificate or proof of pedigree; violation
PENALTIES
609.990Â Â Â Â Penalties
for ORS 609.060, 609.095, 609.098, 609.100, 609.169 and 609.405; disposition of
dog by court
609.992Â Â Â Â Penalties
for ORS 609.319; transfer of rights in exotic animal
609.994Â Â Â Â 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 personÂ’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 veterinarianÂ’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 dogÂ’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
     (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]
     609.169
Keeping dog with knowledge that it has harmed livestock. (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]
     609.170
Claim by owner of livestock.
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]
     609.180
Hearing and payment of claims.
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]
     609.190
Subrogation of county paying claim; collection by district attorney. 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)
     609.205
Prohibitions against keeping of wild or exotic animals. 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)
     609.305
Definitions for ORS 609.305 to 609.335 and 609.992. 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
     (2) Any nonhuman primate;
     (3) Any wolf (Canis lupus);
     (4) Any nonwolf member of the family
Canidae not indigenous to
     (5) Any bear, except the black bear (Ursus
americanus). [1985 c.437 §2; 1999 c.699 §3]
     609.309
Policy on exotic animals. 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]
     609.310 [1963 c.217 §1; repealed by 1977 c.802 §15]
     609.312
Seller to provide buyer with informational material. 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]
     609.315
Exceptions to permit requirement. 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]
     609.319
Permit required to keep exotic animal. 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]
     609.320 [1963 c.217 §2; repealed by 1977 c.802 §15]
     609.325
Conditions for keeping exotic animal. 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]
     609.329
Liability for escape or injury.
(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 animalÂ’s escape from custody;
     (b) Personal injury, property damage or
similar loss directly or indirectly caused by the animalÂ’s escape from custody,
the lack of custody over the animal or efforts to remedy the animalÂ’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 keeperÂ’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 keeperÂ’s
negligence. [1985 c.437 §5; 1999 c.699 §8]
     609.330 [1963 c.217 §3; repealed by 1977 c.802 §15]
     609.335
Permits; rules; fee; revocation; warning. (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]
     609.340 [1963 c.217 §4; repealed by 1977 c.802 §15]
     609.350 [1963 c.217 §5; repealed by 1977 c.802 §15]
DESTRUCTION
OF ANIMALS
     609.405
Requirement for destroying dogs and cats. (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
     609.500
Definitions for ORS 609.500 to 609.520 and 609.994. 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]
     609.505
Unlawfully obtaining dog or cat. (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 personÂ’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]
     609.510
Animal dealers required to keep records; report to State Department of
Agriculture; fee; public inspection of records. (1) Every animal dealer shall establish and
maintain records on each dog or cat and the dogÂ’s or catÂ’s offspring in the
dealerÂ’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]
     609.515
Required period of possession of animal by dealer. 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]
     609.520
Inspection of dealer records; procedure for obtaining animal held by dealer;
penalty for failure to turn over animal; inspection of dealer facilities. (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 personÂ’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 personÂ’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]
REPORTING OF
ANIMAL ABUSE
     609.650
Legislative findings. The
Legislative Assembly finds that:
     (1) There is a clear link between animal
cruelty and crimes of domestic violence, including child abuse; and
     (2) It is in the public interest to enact
legislation to encourage the permissive reporting of animal cruelty. [2007
c.731 §1]
     609.652
Definitions for ORS 609.654.
As used in ORS 609.654:
     (1)(a) “Aggravated animal abuse” means any
animal abuse as described in ORS 167.322.
     (b) “Aggravated animal abuse” does not
include:
     (A) Good animal husbandry, as defined in
ORS 167.310; or
     (B) Any exemption listed in ORS 167.335.
     (2) “Law enforcement agency” means:
     (a) Any city or municipal police
department.
     (b) Any county sheriff’s office.
     (c) The
     (d) A law enforcement division of a county
or municipal animal control agency that employs sworn officers.
     (3) “Public or private official” means:
     (a) A physician, including any intern or
resident.
     (b) A dentist.
     (c) A school employee.
     (d) A licensed practical nurse or
registered nurse.
     (e) An employee of the Department of Human
Services, State Commission on Children and Families, Child Care Division of the
Employment Department, the Oregon Youth Authority, a county health department,
a community mental health and developmental disabilities program, a county
juvenile department, a licensed child-caring agency or an alcohol and drug
treatment program.
     (f) A peace officer.
     (g) A psychologist.
     (h) A member of the clergy.
     (i) A licensed clinical social worker.
     (j) An optometrist.
     (k) A chiropractor.
     (L) A certified provider of foster care,
or an employee thereof.
     (m) An attorney.
     (n) A naturopathic physician.
     (o) A licensed professional counselor.
     (p) A licensed marriage and family
therapist.
     (q) A firefighter or emergency medical
technician.
     (r) A court appointed special advocate, as
defined in ORS 419A.004.
     (s) A child care provider registered or
certified under ORS 657A.030 and 657A.250 to 657A.450.
     (t) A member of the Legislative Assembly. [2007
c.731 §2]
     609.654
Public or private official reporting of aggravated animal abuse; immunity. (1) Notwithstanding ORS 40.225 to 40.295, a
public or private official who has reasonable cause to believe that an animal
with which the official has come in contact has suffered aggravated animal
abuse, or that any person with whom the official has come in contact has
committed aggravated animal abuse, may immediately report the suspected
aggravated animal abuse in the manner prescribed in subsection (2) of this
section.
     (2) A report of suspected aggravated
animal abuse authorized under subsection (1) of this section may be made to a
law enforcement agency, either orally or in writing, and may include, if known:
     (a) The name and description of each
animal involved;
     (b) The address and telephone number of
the owner or other person responsible for the care of the animal;
     (c) The nature and extent of the suspected
abuse;
     (d) Any evidence of previous aggravated
animal abuse;
     (e) Any explanation given for the
suspected abuse; and
     (f) Any other information that the person
making the report believes may be helpful in establishing the cause of the
suspected abuse or the identity of the person causing the abuse.
     (3) A public or private official who acts
in good faith and has reasonable grounds for making a report of suspected
aggravated animal abuse under this section is not liable in any civil or
criminal proceeding brought as a result of making the report. [2007 c.731 §3]
MISCELLANEOUS
     609.805
Misrepresentation of pedigree; mutilation of certificate or proof of pedigree;
violation. (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
     609.990
Penalties for ORS 609.060, 609.095, 609.098, 609.100, 609.169 and 609.405; disposition
of dog by court. (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
keeperÂ’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]
     609.992
Penalties for ORS 609.319; transfer of rights in exotic animal. (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]
     609.994
Penalties for ORS 609.510 to 609.520; cause of action for damages; injunctions. (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]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.