Full Statute Name:  West's Oregon Revised Statutes Annotated. Title 48. Animals. Chapter 609. Animal Control; Exotic Animals; Dealers. Dogs. 609.155. Impoundment of dogs for harming or chasing livestock; tests to determine fact; costs

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Primary Citation:  O. R. S. § 609.155 Country of Origin:  United States Last Checked:  November, 2014 Alternate Citation:  OR ST § 609.155 Date Adopted:  1975
Summary:

This Oregon statute provides that, 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.  Tests may then be conducted to determine whether there is evidence that the dog committed the offense and then a companion statute provides an opportunity for a hearing on the facts.

Statute Text: 

(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.

CREDIT(S)

Laws 1975, c. 749, § 4; Laws 1977, c. 802, § 9; Laws 1999, c. 756, § 20.

 

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