Chapter 658 Oregon Laws 1999

Session Law

AN ACT

HB 2425

Relating to dogs; creating new provisions; amending ORS 609.010, 609.060, 609.090, 609.092, 609.095, 609.097, 609.100, 609.105 and 609.990; and repealing sections 17 and 19, chapter 756, Oregon Laws 1999 (Enrolled Senate Bill 795).

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 609.097 and 609.105 and section 2 of this 1999 Act are added to and made a part of ORS 609.040 to 609.110.

SECTION 2. (1) In determining whether a dog should be killed as provided under ORS 609.090 (7) or 609.990, a dog control board, county governing body or court shall consider the following factors:

(a) The circumstances of the bite, including whether the dog was provoked by the person bitten;

(b) Whether the keeper has a history of maintaining dogs that are a public nuisance;

(c) The impact of keeper actions on the behavior of the dog;

(d) The severity of the bite;

(e) The ability and inclination of the keeper to prevent the dog from biting another person;

(f) Whether the dog can be relocated to a secure facility;

(g) The effect that a transfer of ownership would have on ensuring the health and safety of the public;

(h) Whether the dog has unjustifiably chased or menaced a person on a prior or subsequent occasion; and

(i) Any other factors that the board, governing body or court may deem relevant.

(2) A dog control board, county governing body or court has discretion in making the decision described in subsection (1) of this section and is not required to treat any factor listed in subsection (1) of this section as controlling.

NOTE: Section 3 was deleted by amendment. Subsequent sections were not renumbered.

SECTION 4. ORS 609.010 is amended to read:

609.010. (1) As used in ORS 609.140 to 609.190, "livestock" means ratites, psittacines, horses, mules, jackasses, cattle, llamas, sheep, goats, swine, domesticated fowl and any fur-bearing animal bred and maintained commercially or otherwise, within pens, cages and hutches.

(2) As used in ORS 609.040 to 609.110, [any dog shall be considered] "running at large" [when it] means a dog is off or outside of the premises [belonging to] occupied by the [owner or] keeper of [such] the dog, or is not in the company of and under the control of its [owner or] keeper. "Running at large" does not include:

(a) The use of a dog to legally hunt, chase or tree wildlife while under the supervision of the keeper;

(b) The use of a dog:

(A) To control or protect livestock; or

(B) For other activities related to agriculture; or

(c) A dog that is within any part of a vehicle.

(3) As used in this section and ORS 609.040 to 609.110 and 609.990, "keeper" means a person who owns, possesses, controls or otherwise has charge of a dog.

SECTION 5. ORS 609.060 is amended to read:

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

[(2)(a) As used in this section, "running at large" does not include (A) use of a dog under the supervision of a person in order to legally hunt, chase or tree wildlife; (B) use to control or protect livestock; or (C) use in other related agricultural activities.]

[(b)] (2) After 60 days from the date of the notice, every person [owning] keeping a dog shall [keep] prevent the dog from running at large in any county, city or precinct where prohibited. [Any] A person who is the [owner or who has the control or possession] keeper of a dog [and who has knowledge that the dog is or has been running at large is guilty of a violation of this subsection if the person negligently permits or causes the dog to thereafter run] is guilty of a violation if the dog runs at large in [the] a county, city or precinct where prohibited.

(3) County license fees and the penalty for violation of subsection (2) of this section or ORS 609.100, when collected, shall be paid into the county treasury, and kept in a special fund.

SECTION 6. ORS 609.090 is amended to read:

609.090. (1) When [any] a dog is found running at large in [any] a county, precinct or city[, which] that is subject to ORS 609.010 to 609.190 or when a dog is a public nuisance described by ORS 609.095 or 609.150 or subsection (5) of this section, [every chief of police,] a constable, sheriff, [or] deputy, police officer [of either, or other police] or dog control officer shall impound it or cite the [owner or] keeper to court or do both.

(2) All dogs [taken up and] impounded under this section and ORS 609.030 shall be held in an adequate and sanitary pound to be provided by the county governing body from the general fund or out of funds obtained from dog licenses and from the redemption of dogs so impounded. However, in lieu of the establishment of a dog pound, the county governing body may contract for the care of the dogs. Unless claimed by [the owner] its keeper, a dog shall be impounded for at least three days if the dog is without a license or identification tag and for at least five days if it has a license or identification tag. A reasonable effort shall be made to notify the [owner] keeper of a dog before the dog is removed from impoundment.

(3) Unless the dog control board or county governing body provides otherwise, if the [owner] keeper appears and redeems the dog, the [owner] keeper shall pay a sum of not less than $10 for the first impoundment and not less than $20 for each subsequent impoundment and also pay the expense of keeping the dog during the time it was impounded. If the dog is unlicensed the [owner] keeper shall also purchase a license and pay the applicable penalty for failure to have a license. If the keeper is not the owner of the dog, the keeper may request that a license purchased by the keeper under this subsection be issued in the name of the dog owner.

(4) In addition to any payment required pursuant to subsection (3) of this section, a dog control board or county governing body may require as a condition for redeeming the dog that the keeper agree to reasonable restrictions on the keeping of the dog. The keeper must pay the cost of complying with the reasonable restrictions. As used in this subsection, "reasonable restrictions" may include, but is not limited to, sterilization.

(5) A keeper of a dog maintains a public nuisance if the keeper fails to comply with reasonable restrictions imposed under subsection (4) of this section. If a keeper fails to provide acceptable proof of compliance to the dog control board or county governing body on or before the 10th day after issuance of the order imposing the restrictions, there is a rebuttable presumption that the keeper has failed to comply. If the board or governing body finds the proof submitted by the keeper unacceptable, the board or governing body shall send notice of that finding to the keeper no later than five days after the proof is received.

(6) If no [owner] keeper appears to redeem a dog within the allotted time, [or if the dog has been impounded as a public nuisance for killing or injuring a person, it shall] the dog may be killed in a humane manner. [If in the opinion of the dog control board or county governing body the dog is not dangerous and can be safely kept,] The dog control board or county governing body may release the dog to a responsible person upon receiving assurance that the person will properly care for the dog [and not allow it to become a nuisance,] and upon payment of a sum established by the county governing body plus cost of keep during its impounding, and purchase of a license if required. The person shall thereafter be liable as owner of the dog as provided by 609.010 to 609.190 and 609.405.

(7) If the keeper of a dog is not charged with violating ORS 609.095 (2) or (3), upon finding that the dog has menaced or chased a person when not on the premises occupied by the keeper or has bitten a person, the dog control board or county governing body may order that the dog be killed in a humane manner. In determining whether the dog should be killed, the board or governing body shall consider the factors described in section 2 of this 1999 Act. If the dog is not killed, the board or governing body may impose reasonable restrictions on the keeping of the dog. The keeper must pay the cost of complying with the reasonable restrictions.

(8) If the keeper of a dog is charged with violating ORS 609.095 (2) or (3), upon conviction of the keeper the court may determine the disposition of the dog as provided under ORS 609.990.

[(3)] (9) Notwithstanding the provisions of [subsection] subsections (2) to (8) of this section, any dog impounded for biting a person shall be held for not less than 10 days before redemption or destruction to determine if the dog is rabid.

[(4)] (10) A dog control board or county governing body may [provide for] impose lesser fees or [fines] penalties under subsections (3) and (6) of this section for certain senior citizens under certain circumstances.

SECTION 6a. If Senate Bill 795 becomes law, section 17, chapter 756, Oregon Laws 1999 (Enrolled Senate Bill 795) (amending ORS 609.090), is repealed and ORS 609.090, as amended by section 6 of this 1999 Act, is amended to read:

609.090. (1) When a dog is found running at large in a county, precinct or city that is subject to ORS [609.010 to 609.190] 609.040 to 609.110 or when a dog is a public nuisance described by ORS 609.095 [or 609.150] or subsection (5) of this section, a constable, sheriff, deputy, police officer or dog control officer shall impound it or cite the keeper to court or do both.

(2) All dogs impounded under this section and ORS 609.030 shall be held in an adequate and sanitary pound to be provided by the county governing body from the general fund or out of funds obtained from dog licenses and from the redemption of dogs so impounded. However, in lieu of the establishment of a dog pound, the county governing body may contract for the care of the dogs. Unless claimed by its keeper, a dog shall be impounded for at least three days if the dog is without a license or identification tag and for at least five days if it has a license or identification tag. A reasonable effort shall be made to notify the keeper of a dog before the dog is removed from impoundment.

(3) Unless the dog control board or county governing body provides otherwise, if the keeper appears and redeems the dog, the keeper shall pay a sum of not less than $10 for the first impoundment and not less than $20 for each subsequent impoundment and also pay the expense of keeping the dog during the time it was impounded. If the dog is unlicensed the keeper shall also purchase a license and pay the applicable penalty for failure to have a license. If the keeper is not the owner of the dog, the keeper may request that a license purchased by the keeper under this subsection be issued in the name of the dog owner.

(6) If no keeper appears to redeem a dog within the allotted time, the dog may be killed in a humane manner. The dog control board or county governing body may release the dog to a responsible person upon receiving assurance that the person will properly care for the dog and upon payment of a sum established by the county governing body plus cost of keep during its impounding, and purchase of a license if required. The person shall thereafter be liable as owner of the dog as provided by [609.010 to 609.190 and 609.405] 609.040 to 609.110.

(8) If the keeper of a dog is charged with violating ORS 609.095 (2) or (3), upon conviction of the keeper the court may determine the disposition of the dog as provided under ORS 609.990.

(9) Notwithstanding the provisions of subsections (2), [to] (3), (6), (7) and (8) of this section, any dog impounded for biting a person shall be held for not less than 10 days before redemption or destruction to determine if the dog is rabid.

(10) A dog control board or county governing body may impose lesser fees or penalties under subsections (3) and (6) of this section for certain senior citizens under certain circumstances.

SECTION 7. ORS 609.092 is amended to read:

609.092. A court may allow a person issued a citation [issued] for a violation of ORS 609.095 (2) that is punishable under ORS 609.990 (2) [shall give the person cited the option of forfeiture of] to forfeit bail in lieu of appearance in court. If the court accepts a bail forfeiture in lieu of appearance through the entry of a judgment, the court shall not order restitution or restrict the keeping of the dog. A court has discretion to refuse an offer of bail forfeiture and require the person issued the citation to personally appear before the court. A bail forfeiture in lieu of appearance is not available for a violation punishable under ORS 609.990 (3) or (4).

SECTION 7a. If Senate Bill 20 becomes law, section 7 of this 1999 Act (amending ORS 609.092) is repealed.

SECTION 8. ORS 609.095 is amended to read:

609.095. (1) A dog is a public nuisance if it:

(a) Bites a person;

(b) Chases vehicles or persons;

(d) Scatters garbage;

(e) Trespasses on private property of persons other than the [owner] keeper of the dog;

(f) Disturbs any person by frequent or prolonged noises; [or]

(g) Is a female in heat and running at large[.]; or

(h) Injures or kills a pet or domestic animal as defined in ORS 167.310 (4).

(2) The [owner or] keeper of a dog in a county, precinct or city that is subject to ORS 609.010 to 609.190 [shall not allow the dog to be] maintains a public nuisance if the dog commits an act described under subsection (1) of this section or the keeper does not comply with reasonable restrictions as described in subsection (3) of this section. Except as provided under ORS 609.990 (4), maintaining a dog that is a public nuisance is a violation.

(3) A keeper of a dog maintains a public nuisance if the keeper fails to comply with reasonable restrictions imposed under ORS 609.990. If a keeper fails to provide acceptable proof of compliance to the court on or before the 10th day after issuance of the order imposing the restrictions, there is a rebuttable presumption that the keeper has failed to comply. If the court finds the proof submitted by the keeper unacceptable, the court shall send notice of that finding to the keeper no later than five days after the proof is received.

[(3)] (4) Any person who has cause to believe a [dog is being maintained as] keeper is maintaining a dog that is a public nuisance may complain, either orally or in writing, to the county, precinct or city. [The complaint shall be considered] The receipt of any complaint is sufficient cause for the county, precinct or city to investigate the matter and determine [if] whether the [owner or] keeper of the dog is in violation of subsection (2) or (3) of this section.

SECTION 9. ORS 609.097 is amended to read:

609.097. A dog shall not be considered a public nuisance under ORS 609.090 (5) or 609.095 or destroyed under ORS 609.090 or 609.990 if the dog bites a person wrongfully assaulting the dog or the dog's [owner] keeper or if the dog bites a person trespassing upon premises occupied by the dog's [owner] keeper after being provoked by that person.

SECTION 10. ORS 609.100 is amended to read:

609.100. (1) In a county, precinct or city having a dog control program under ORS 609.010 to 609.190 and 609.405, every person [owning or] keeping [any] a dog [which] 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 [owner or] keeper of the dog.[, procure from the county in which the person resides, a license for the dog by paying to the county a license fee provided,] However, [that] 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 609.040 to 609.110. A license fee shall not be less than [$9] $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.

(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 license fees in subsection (1) of this section do not apply to dogs that are kept primarily in kennels and are not permitted to run at large. The county governing body may establish a separate license for dogs that are kept primarily in kennels when the dogs cease to be taxed as inventory under ORS 307.400, the fee for which shall not exceed $5 per dog.

(4) No license fee shall be required to be paid for any dog [owned] kept by a blind person who uses it as a guide. A license shall be issued for such dog upon the blind person's filing of an affidavit with the county [an affidavit by the blind person] showing [such] that the dog [to come within this] qualifies for exemption.

(5) The county shall keep a record of dog licenses.

(6) Notwithstanding any other provision of this section or ORS 609.015, when the [owner or] keeper of a dog obtains a license for the dog, that license is valid and is in lieu of a license for the dog required by any other city or county within this state, for the remainder of the license period:

(a) If the [owner or] keeper of the dog changes residence to a city or county other than the city or county in which the license was issued; or

(b) If the [owner or] keeper of the dog transfers [ownership or possession] the keeping of the dog to a person who resides in a city or county other than the city or county in which the license was issued.

SECTION 10a. If Senate Bill 795 becomes law, section 19, chapter 756, Oregon Laws 1999 (Enrolled Senate Bill 795) (amending ORS 609.100), is repealed and ORS 609.100, as amended by section 10 of this 1999 Act, is amended to read:

609.100. (1) In a county, precinct or city having a dog control program under ORS [609.010 to 609.190] 609.030, 609.040 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 609.040 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.

(4) No license fee shall be required to be paid for any dog kept by a blind person who uses it as a guide. A license shall be issued for such dog upon the blind person's filing of an affidavit with the county showing that the dog qualifies for exemption.

(5) The county shall keep a record of dog licenses.

(6) Notwithstanding any other provision of this section or ORS 609.015, when the keeper of a dog obtains a license for the dog, that license is valid and is in lieu of a license for the dog required by any other city or county within this state, for the remainder of the license period:

(a) If the keeper of the dog changes residence to a city or county other than the city or county in which the license was issued; or

(b) If the keeper of the dog transfers the keeping of the dog to a person who resides in a city or county other than the city or county in which the license was issued.

SECTION 11. ORS 609.105 is amended to read:

609.105. Notwithstanding ORS 609.015 or 609.100, a county or city shall not charge a fee to license a dog:

(1) [Owned] Kept and used as a guide by a deaf person; or

(2) Used as an assistance animal as defined in ORS 346.680.

SECTION 12. ORS 609.990 is amended to read:

609.990. (1) Violation of ORS [609.060] 609.060 (2), 609.100 or 609.160 is punishable by a fine of not more than $250.

(2) [Violation of] Except as provided under subsections (3) and (4) of this section, maintaining a public nuisance in violation of ORS 609.095 (2) or (3) is punishable by a fine of not more than [$25 for the first violation, or not more than $50 for each additional violation occurring within six months of the first violation] $250. In addition to any [fines] sentence imposed or restitution ordered under this section, if a dog [has been repeatedly found to be] is a public nuisance as described under ORS 609.095, the court may [order such disposition] impose reasonable restrictions on the keeping of the dog [as the court considers necessary for] to ensure the safety or health of the public. However, if the dog has menaced or chased a person when not on the premises of the keeper, instead of imposing reasonable restrictions under this subsection, the court shall make a disposition of the dog as permitted under subsection (3) of this section. The keeper must pay the cost of complying with reasonable restrictions. As used in this subsection, "reasonable restrictions" may include, but is not limited to, sterilization.

(3) Notwithstanding ORS 161.635 (3), when a dog is a public nuisance because the dog bites a person, maintaining the nuisance in violation of ORS 609.095 (2) or (3) is punishable by a fine of not more than $500. In addition to any sentence imposed or restitution ordered under this section, the court may, after consideration of the factors described in section 2 of this 1999 Act, order that the dog be killed in a humane manner. If the dog is not killed, the court:

(a) Shall order that the dog undergo sterilization. The sterilization procedure shall be at the expense of the keeper of the dog; and

(b) May impose reasonable restrictions on the keeping of the dog. The keeper must pay the cost of complying with the reasonable restrictions.

(4) Notwithstanding subsection (3) of this section, a dog keeper maintaining a nuisance described under subsection (3) of this section commits a Class C misdemeanor if the keeper has previously been convicted of, or forfeited bail for, an infraction, violation or crime because of any dog biting a person. In addition to any sentence imposed or restitution ordered under this section, the court may order any disposition of the dog as permitted under subsection (3) of this section.

[(3)] (5) Violation of ORS 609.405 constitutes a Class C misdemeanor.

SECTION 12a. If Senate Bill 20 becomes law, ORS 609.990, as amended by section 12 of this 1999 Act, is amended to read:

609.990. (1) Violation of ORS 609.060 (2), 609.100 or 609.160 is punishable by a fine of not more than $250.

(2) Except as provided under subsections (3) and (4) of this section, maintaining a public nuisance in violation of ORS 609.095 (2) or (3) is punishable by a fine of not more than $250. In addition to any sentence imposed or restitution ordered under this section, if a dog is a public nuisance as described under ORS 609.095, the court may impose reasonable restrictions on the keeping of the dog to ensure the safety or health of the public. However, if the dog has menaced or chased a person when not on the premises of the keeper, instead of imposing reasonable restrictions under this subsection, the court shall make a disposition of the dog as permitted under subsection (3) of this section. The keeper must pay the cost of complying with reasonable restrictions. As used in this subsection, "reasonable restrictions" may include, but is not limited to, sterilization.

(a) Shall order that the dog undergo sterilization. The sterilization procedure shall be at the expense of the keeper of the dog; and

(b) May impose reasonable restrictions on the keeping of the dog. The keeper must pay the cost of complying with the reasonable restrictions.

(4) Notwithstanding subsection (3) of this section, a dog keeper maintaining a nuisance described under subsection (3) of this section commits a Class C misdemeanor if the keeper has previously been convicted of[, or forfeited bail for, an infraction,] a violation or crime because of any dog biting a person. In addition to any sentence imposed or restitution ordered under this section, the court may order any disposition of the dog as permitted under subsection (3) of this section.

(5) Violation of ORS 609.405 constitutes a Class C misdemeanor.

Approved by the Governor July 13, 1999

Filed in the office of Secretary of State July 14, 1999

Effective date October 23, 1999

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