2019 Oregon Revised Statutes
Volume : 12 - Public Health
Chapter 433 - Disease and Condition Control; Mass Gatherings; Indoor Air
Section 433.355 - Procedure to force compliance with ORS 433.350.
(1) In the event of the refusal of the owner or person in possession of an animal to comply with an order of the Director of the Oregon Health Authority under ORS 433.350, the director or the authorized representative of the director may petition the circuit court of the county in which such animal is located for an order requiring such owner or person to comply with such order.
(2) The petition shall be verified and shall set forth the facts relative to the refusal to comply with the order. A copy of the petition shall be served upon the owner or person in possession of the animal in the manner provided for service of summons in civil actions. Such owner or person in possession shall appear and answer the petition at a time and place set by the court in an order, a copy of which shall be served with the petition, directing the defendant to appear at such time and place, and to then and there show cause, if any, why an order directing compliance with the order of the director should not be granted. The time set by the court for the hearing to show cause shall be made with due regard for the circumstances of the person or persons who have been subjected to the bite or scratch of the animal and whose health or life may be in jeopardy.
(3) If the owner or person in possession fails to appear or the court either with or without such appearance finds the allegations of the petition are true and the order of the director is necessary under ORS 433.350, the court shall enter its order requiring the owner or person in possession of such animal to comply with the order of the director.
(4) The sheriff of the county in which the animal is located shall execute such order by serving upon the owner or person in possession a copy thereof duly certified to by the clerk of the circuit court and by enforcing the provisions thereof. [1971 c.413 §4; 2009 c.595 §665]
