ORS Chapter 609

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