Chapter 609 — Chapter 609
81 sections in this chapter.
ORS 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c.618 §1; 1967 c.495 §1; 1975 c.749 §2; 1987 c.415 §1; 1993 c.252 §6; 1999 c.658 §4; 1999 c.756 §15; 2001 c.636 §6; repealed by 2005 c.840 §9]
0.0K chars
DOG CONTROL
ORS 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
0.2K chars
(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]
ORS 609.020 Dogs as personal property. Dogs are hereby declared to be personal property
0.0K chars
[Repealed or reserved.]
ORS 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
0.9K chars
(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 …
ORS 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
2.4K chars
(1) “Boarding kennel”: (a) Means, except as provided in paragraph (b) of this subsection, a facility that provides care for a fee to dogs that stay at the facility an average of less than 30 days. (b) Does not mean a facility that is subject to ORS 167.374 or 167.376. (2) “Dog co…
ORS 609.040 [Amended by 1977 c.802 §4; repealed by 2011 c.607 §18]
0.0K chars
[Repealed or reserved.]
ORS 609.050 [Amended by 1967 c.496 §1; repealed by 1977 c.802 §15]
0.0K chars
[Repealed or reserved.]
ORS 609.060 Notice of county prohibition on dogs running at large. (1) If the governing body of a county by ordinance, or a measure approved by the electors in an election conducted in accordance with ORS chapter 250, prohibits dogs from running at large, the county shall give notice, by publication in a newspaper having a general circulation in the county
0.3K chars
(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 or city where prohibited. A person who is the keeper of a dog commits a Class B violation if the dog runs at large where prohibited. [Amended by 196…
ORS 609.070 [Repealed by 1969 c.677 §5]
0.0K chars
[Repealed or reserved.]
ORS 609.080 [Amended by 1959 c.618 §2; repealed by 1967 c.495 §4]
0.0K chars
[Repealed or reserved.]
ORS 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
5.6K chars
(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 a…
ORS 609.092 [1977 c.802 §14; repealed by 1999 c.1051 §299]
0.0K chars
[Repealed or reserved.]
ORS 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
0.9K chars
(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 preve…
ORS 609.095 Dog as public nuisance; public nuisance prohibited; complaint. (1) A dog is a public nuisance if it
1.8K chars
(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…
ORS 609.097 [1975 c.499 §4; 1999 c.658 §9; 2001 c.636 §10; repealed by 2005 c.840 §9]
0.0K chars
[Repealed or reserved.]
ORS 609.098 Maintaining dangerous dog. (1) As used in this section, “dangerous dog” means a dog that
1.0K chars
(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 …
ORS 609.100 Dog licenses, tags and fees; exemptions. (1) In a county or city having a dog control program under ORS 609.030, 609.035 to 609.110 and 609.405, every person keeping a dog that has a set of permanent canine teeth or is six months old, whichever comes first, shall procure a license for the dog. The license must be procured by paying a license fee to the county in which the person resides not later than March 1 of each year or within 30 days after the person becomes keeper of the dog. However, the county governing body may provide for dates other than March 1 for annual payment of fees. The fee for the license shall be determined by the county governing body in such amount as it finds necessary to carry out ORS 609.035 to 609.110. A license fee shall not be less than $25 for each dog, except that the fee shall not be less than $3 for each spayed female or neutered male dog for which a veterinarian’s certificate of operation for the spaying or neutering of the dog is presented to the county. If the person fails to procure a license within the time provided by this section, the county governing body may prescribe a penalty in an additional sum to be set by the governing body
1.7K chars
(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 lice…
ORS 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 659A.143. [1979 c.366 §1; 1991 c.67 §155; 1999 c.658 §11; 2001 c.104 §238; 2013 c.530 §8]
0.0K chars
[Repealed or reserved.]
ORS 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]
0.0K chars
LIABILITY OF DOG KEEPER
ORS 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
0.7K chars
(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 t…
ORS 609.120 [Amended by 1969 c.677 §3; repealed by 1977 c.802 §15]
0.0K chars
DOGS HARMING LIVESTOCK
ORS 609.125 Definition of “livestock.” As used in ORS 609.135 to 609.190, “livestock” means ratites, psittacines, horses, hinnies, mules, donkeys, 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; 2025 c.170 §2]
0.0K chars
[Repealed or reserved.]
ORS 609.130 [Repealed by 1977 c.802 §15]
0.0K chars
[Repealed or reserved.]
ORS 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
0.8K chars
(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 provi…
ORS 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
1.1K chars
(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 contr…
ORS 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
0.4K chars
(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 a…
ORS 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
0.3K chars
(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]
ORS 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
1.6K chars
(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 be…
ORS 609.156 Opportunity to request hearing. (1) Prior to making a determination whether a dog has killed, wounded, injured or chased livestock, a county shall provide an opportunity for the dog owner to receive a hearing. The county shall send notice of the opportunity to request a hearing in a manner that is reasonably calculated, under all the circumstances, to apprise the dog owner of the specific behavior and incident alleged and the possible penalties, and to provide the dog owner with a fair opportunity for making the hearing request
0.5K chars
(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…
ORS 609.157 [1975 c.749 §5; 1999 c.756 §21; renumbered 609.161 in 1999]
0.0K chars
[Repealed or reserved.]
ORS 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
1.4K chars
(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 …
ORS 609.160 [Amended by 1975 c.499 §2; 1999 c.756 §22; renumbered 609.169 in 1999]
0.0K chars
[Repealed or reserved.]
ORS 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
0.5K chars
(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 t…
ORS 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
2.7K chars
(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 speci…
ORS 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
0.9K chars
(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…
ORS 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
0.9K chars
(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…
ORS 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
0.3K chars
(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 administ…
ORS 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
1.4K chars
(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 u…
ORS 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
0.4K chars
(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 …
ORS 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
0.5K chars
(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 wound…
ORS 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]
0.0K chars
[Repealed or reserved.]
ORS 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]
0.0K chars
[Repealed or reserved.]
ORS 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]
0.0K chars
EXOTIC ANIMALS (Local Government Regulation)
ORS 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 609.355 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]
0.0K chars
(Generally)
ORS 609.305 “Exotic animal” defined. As used in ORS 609.305 to 609.355 and 609.992, “exotic animal” means
0.4K chars
(1) Any member of the family Felidae not indigenous to Oregon, except the species Felis catus (domestic cat); (2) Any nonhuman primate; (3) Any nonwolf member of the family Canidae not indigenous to Oregon, except the species Canis familiaris (domestic dog); (4) Any bear, except …
ORS 609.309 Policy on exotic animals. It is the policy of this state to protect the public against health and safety risks that exotic animals pose to the community, ensure the health, welfare and safety of exotic animals and ensure the security of facilities in which exotic animals are kept, so as to avoid undue physical or financial risk to the public. [1985 c.437 §1; 1999 c.699 §4; 2009 c.492 §2]
0.0K chars
[Repealed or reserved.]
ORS 609.310 [1963 c.217 §1; repealed by 1977 c.802 §15]
0.0K chars
[Repealed or reserved.]
ORS 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 exotic animal with informational material approved by the State Department of Agriculture regarding the care, husbandry, health and nutritional needs of the exotic animal. This section does not allow the sale of an exotic animal to a person located in this state other than an entity described in ORS 609.345. [1999 c.699 §2; 2009 c.492 §3]
0.0K chars
[Repealed or reserved.]
ORS 609.315 [1985 c.437 §8; 1999 c.699 §5; 2009 c.492 §4; renumbered 609.345 in 2009]
0.0K chars
[Repealed or reserved.]
ORS 609.319 [1985 c.437 §3; 1999 c.699 §6; 2009 c.492 §5; renumbered 609.341 in 2009]
0.0K chars
[Repealed or reserved.]