ORS Chapter 609 - Oregon Statutes

Chapter 609 — AnimalControl; Exotic Animals; Dealers

 

2009 EDITION

 

 

ANIMALCONTROL; EXOTIC ANIMALS; DEALERS

 

ANIMALS

 

DOGCONTROL

 

609.015     Applicationof ORS 609.030 and 609.035 to 609.110

 

609.020     Dogsas personal property

 

609.030     Establishingdog control district; appointment of supervisors; enforcement; county governingbody as supervisors; dog control officer

 

609.035     Definitionsfor ORS 609.035 to 609.110 and 609.990

 

609.040     Electionto determine whether dogs may run at large

 

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

 

609.090     Impoundingcertain dogs; procedure for county disposition of impounded dogs; impoundmentfees and costs; release of dog

 

609.093     Considerationsprior to disposing of chasing, menacing or biting dog

 

609.095     Dogas public nuisance; public nuisance prohibited; complaint

 

609.098     Maintainingdangerous dog

 

609.100     Doglicenses, tags and fees; exemptions

 

609.105     Exemptionfor assistance animals

 

609.110     DogLicense Fund

 

LIABILITYOF DOG KEEPER

 

609.115     Liabilityfor injury or property damage caused by potentially dangerous dog

 

DOGSHARMING LIVESTOCK

 

609.125     Definitionof “livestock”

 

609.135     Applicabilityof ORS 609.156, 609.162 and 609.168

 

609.140     Rightof action by owner of damaged livestock

 

609.150     Rightto kill dog that harms or chases livestock

 

609.153     Dogowner education program

 

609.155     Impoundmentfor harming or chasing livestock; determination of fact; costs

 

609.156     Opportunityto request hearing

 

609.158     Hearingprocess; notice of determination; reexamination of determination

 

609.161     Disputablepresumption that dog harms or chases livestock

 

609.162     Guidelinesfor imposing remedial measures, civil penalties or other sanctions

 

609.163     Enhancedcivil penalties for habitual violators

 

609.165     Judicialreview of county determination

 

609.166     Recordof penalized owners

 

609.167     Conversionof civil penalty into lien; disposition of proceeds

 

609.168     Microchipidentification of dog; rules

 

609.169     Keepingdog with knowledge that it has harmed livestock

 

609.170     Claimby owner of livestock

 

609.180     Hearingand payment of claims

 

609.190     Subrogationof county paying claim; collection by district attorney

 

EXOTICANIMALS

 

(LocalGovernment Regulation)

 

609.205     Prohibitionsagainst keeping of wild or exotic animals

 

(Generally)

 

609.305     “Exoticanimal” defined

 

609.309     Policyon exotic animals

 

609.312     Sellerto provide buyer with informational material

 

609.325     Conditionsfor keeping exotic animal

 

609.329     Liabilityfor escape or injury

 

609.335     Departmentrules regulating keeping of exotic animals; sanctions for rule violations

 

609.341     Permitrequirement for keeping of exotic animal; breeding of animal

 

609.345     Exceptionsto permit requirement

 

609.351     Issuanceand renewal of exotic animal permit; fee

 

609.355     Issuanceof permit upon lapse of federal license or registration

 

DESTRUCTIONOF ANIMALS

 

609.405     Requirementfor destroying dogs and cats

 

ANIMALDEALERS

 

609.500     Definitionsfor ORS 609.500 to 609.520 and 609.994

 

609.505     Unlawfullyobtaining dog or cat

 

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

 

609.515     Requiredperiod of possession of animal by dealer

 

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

 

REPORTINGOF ANIMAL ABUSE

 

609.650     Legislativefindings

 

609.652     Definitionsfor ORS 609.654

 

609.654     Publicor private official reporting of aggravated animal abuse; immunity

 

MISCELLANEOUS

 

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

 

609.815     On-siteindividuals for locations where numerous dogs are kept

 

PENALTIES

 

609.990     Penaltiesfor ORS 609.060, 609.095, 609.098, 609.100, 609.169 and 609.405; disposition ofdog by court

 

609.992     Penaltiesfor ORS 609.319; transfer of rights in exotic animal

 

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

 

DOGCONTROL

 

609.010 [Amended by1959 c.618 §1; 1967 c.495 §1; 1975 c.749 §2; 1987 c.415 §1; 1993 c.252 §6; 1999c.658 §4; 1999 c.756 §15; 2001 c.636 §6; repealed by 2005 c.840 §9]

 

      609.015Application of ORS 609.030 and 609.035 to 609.110. (1) ORS 609.030and 609.035 to 609.110 apply in every county except as otherwise provided bycounty charter or ordinance. ORS 609.030 and 609.035 to 609.110 do not limitthe powers of cities and counties to adopt ordinances and regulations relatingto the control of dogs.

      (2)A county dog licensing and control program shall not apply within the limits ofa city that has its own dog licensing and control program. [1967 c.496 §3; 1977c.237 §1; subsection (2) enacted as 1977 c.802 §2; 1999 c.756 §16]

 

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

 

      609.030Establishing dog control district; appointment of supervisors; enforcement;county governing body as supervisors; dog control officer. (1) Thegoverning body of any county may declare the county a dog control district.

      (2)Upon declaration of the dog control district the county governing body mayappoint a board of supervisors, and provide for the terms, compensation andother aspects of service by board members, at least two of whom shall beconnected directly or indirectly with the livestock industry.

      (3)The board may issue licenses and enforce all of the county and state lawsrelating to the control of dogs within the county, including that of makingarrests and shall perform such other duties as the county governing body mayassign to it.

      (4)The county governing body may elect to act as the board of supervisors of thedog control district.

      (5)The county governing body may provide for appointment of a dog control officerand otherwise provide for administration and enforcement of a dog controlprogram. [Amended by 1957 c.79 §1; 1963 c.398 §1; 1975 c.297 §1; 1977 c.189 §9]

 

      609.035Definitions for ORS 609.035 to 609.110 and 609.990. As used in ORS609.035 to 609.110 and 609.990:

      (1)“Dog control board” means a group of persons whose duties include, but need notbe limited to, fulfilling the duties of a dog control district board ofsupervisors as described in ORS 609.030.

      (2)“Dog control officer” means a person whose duties include, but need not belimited to, enforcing the dog control laws for a dog control district.

      (3)“Keeper” means a person who owns, possesses, controls or otherwise has chargeof a dog, other than:

      (a)A licensed business primarily intended to obtain a profit from the kenneling ofdogs;

      (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 thatwould 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 maylawfully exclude others, menaces a person;

      (b)Without provocation, inflicts physical injury on a person that is less severethan a serious physical injury; or

      (c)Without provocation and while not on premises from which the keeper maylawfully exclude others, inflicts physical injury on or kills a domestic animalas defined in ORS 167.310.

      (6)“Running at large” means that a dog is off or outside of the premises fromwhich the keeper of the dog may lawfully exclude others, or is not in thecompany 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 supervisionof the keeper;

      (b)Being used to control or protect livestock or for other activities related toagriculture; or

      (c)Within any part of a vehicle.

      (7)“Serious physical injury” has the meaning given that term in ORS 161.015. [2005c.840 §4]

 

      609.040Election to determine whether dogs may run at large. (1) When thepetition of 100 or more electors of any county is filed with the county clerk45 days before the general or special election in any year, the county clerkshall cause notice to be given that at the election a vote will be taken forand 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 countybeing filed with the county clerk 45 days before the general or specialelection in any year, the county clerk shall cause notice to be given that atthe election a vote will be taken for and against permitting dogs to run atlarge in that precinct.

      (3)On the petition of 20 or more electors of any incorporated city or precinctbeing filed with the county clerk before the time of giving notice of thegeneral or special election in any year, the county clerk shall cause notice tobe given that at the election a vote will be taken for and against permittingdogs to run at large in the city.

      (4)The provisions of this section shall not apply to areas in the county inside acity that has an established dog licensing program. [Amended by 1977 c.802 §4]

 

      609.050 [Amended by1967 c.496 §1; repealed by 1977 c.802 §15]

 

      609.060Notice of election result; dogs running at large prohibited; deposit of feesand fines.(1) If a majority of all votes cast in the election provided for by ORS 609.040is against permitting dogs to run at large, or if the governing body of thecounty by ordinance prohibits dogs from running at large, the county shall givenotice, by publication in some newspaper having a general circulation in thecounty, and in the election precinct if the prohibition of dogs running atlarge affects any one precinct only, for three consecutive weeks.

      (2)After 60 days from the date of the notice, every person keeping a dog shallprevent the dog from running at large in any county, city or precinct whereprohibited. A person who is the keeper of a dog is guilty of a violation if thedog runs at large in a county, city or precinct where prohibited.

      (3)County license fees and the penalty for violation of subsection (2) of thissection 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; 1999c.658 §5]

 

      609.070 [Repealed by1969 c.677 §5]

 

      609.080 [Amended by1959 c.618 §2; repealed by 1967 c.495 §4]

 

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