Full Statute Name:  West's Oregon Revised Statutes Annotated. Title 48. Animals. Chapter 609. Animal Control; Exotic Animals; Dealers. Dogs. 609.162. Guidelines for imposing reasonable measures, civil penalties or other sanctions

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Primary Citation:  O. R. S. § 609.162 Country of Origin:  United States Last Checked:  November, 2014 Alternate Citation:  OR ST § 609.162 Date Adopted:  1999
Summary:

This Oregon statute provides that 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 listed statutory guidelines.  Generally, if the dog has engaged in the chasing behavior previously, but has not killed livestock, the county will take reasonable measures to prevent another incident (pledge from owner, confine the dog, and a civil penalty(fine)).  If the dog has previously killed livestock, then the owner may be required to surrender the dog for adoption, remove the dog to an area deemed safe to livestock,  or require the dog be put to death.  If the dog killed livestock, and has previously killed livestock, the county shall require the dog be removed from a livestock area or be put to death.

Statute Text: 

(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:

(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 specific measures to adequately confine the dog and provide a notarized written pledge that the owner will prevent the dog from chasing livestock again; and

(B) The county may impose a civil penalty of not more than $500.

(b) If the dog has engaged in chasing livestock and has previously killed, wounded, injured or chased livestock, or if the dog has engaged in wounding or injuring livestock and has not previously killed, wounded, injured or chased livestock, the county shall impose a civil penalty of not less than $250 and not more than $1,000. In addition to imposing the civil penalty, the county may:

(A) Require the dog owner to surrender the dog for adoption by a new owner approved by the county;

(B) Require the owner to remove the dog to a location where, in the opinion of the county, the dog does not present a threat to livestock; or

(C) Require that the dog be put to death in a humane manner. Before requiring that a dog be put to death under this subparagraph, the county shall make specific findings on the record that other measures are not available, are not adequate to remedy the problem or are otherwise unsuitable.

(c) If the dog has engaged in wounding or injuring livestock and has previously killed, wounded, injured or chased livestock, or if the dog has engaged in killing livestock and has not previously killed livestock, the county shall impose a civil penalty of not less than $500 and not more than $1,000. In addition to imposing the civil penalty, the county shall:

(A) Require the dog owner to remove the dog to a location where, in the opinion of the county, the dog does not present a threat to livestock; or

(B) Require that the dog be put to death in a humane manner.

(d) If the dog has engaged in killing livestock and the dog has previously killed livestock, the county shall impose a civil penalty of not less than $500 and not more than $1,000. In addition to imposing the civil penalty, the county shall require that the dog be put to death in a humane manner.

(2) In establishing the history of a dog for purposes of this section, or the history of an owner for purposes of ORS 609.163, a county shall consider all known determinations involving the dog or owner by any court, or by a governing body, official or agency of any local or state government, without regard to where or when the incident occurred.

CREDIT(S)

Laws 1999, c. 756, § 5.

 

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