Chapter 609 — Dogs; Exotic Animals; Dealers

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c.618 §1; 1967 c.495 §1; 1975 c.749 §2; 1987 c.415 §1; 1993 c.252 §6; 1999 c.658 §4; 1999 c.756 §15; 2001 c.636 §6; repealed by 2005 c.840 §9]

DOG CONTROL

609.015 Application of ORS 609.030 and 609.035 to 609.110

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. A county dog licensing and control program shall not apply within the limits of a city tha…

609.020 Dogs as personal property

Dogs are hereby declared to be personal property.

609.030 Establishing dog control district; appointment of supervisors; enforcement; county governing body as supervisors; dog control officer

The governing body of any county may declare the county a dog control district. 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 ind…

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: “Boarding kennel”: 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. Does not mean a facility that is subject to ORS 167.374 or 167.376. “Dog control board” means a group of persons whose d…

609.040 [Amended by 1977 c.802 §4; repealed by 2011 c.607 §18]

609.050 [Amended by 1967 c.496 §1; repealed by 1977 c.802 §15]

609.060 Notice of county prohibition on dogs running at large

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. After 60 days from the date of the notice, every person keeping a dog …

609.070 [Repealed by 1969 c.677 §5]

609.080 [Amended by 1959 c.618 §2; repealed by 1967 c.495 §4]

609.090 Impounding certain dogs; procedure for county disposition of impounded dogs; impoundment fees and costs; release of dog

A law enforcement officer or dog control officer may cite a keeper, impound a dog, or both if: The dog is found running at large in violation of ORS 609.060; The dog is a public nuisance as described by ORS 609.095; or The officer has probable cause to believe that the dog is a dangerous dog as defined in ORS 609.098. All dogs impounded under this sectio…

609.092 [1977 c.802 §14; repealed by 1999 c.1051 §299]

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: If the dog has bitten a person, the circumstances and severity of the bite; Whether the keeper has a history of maintaining dogs that are a public nuisance; The impact of …

609.095 Dog as public nuisance; public nuisance prohibited; complaint

A dog is a public nuisance if it: Chases persons or vehicles on premises other than premises from which the keeper of the dog may lawfully exclude others; Damages or destroys property of persons other than the keeper of the dog; Scatters garbage on premises other than premises from which the keeper of the dog may lawfully exclude others; Trespasses on pr…

609.097 [1975 c.499 §4; 1999 c.658 §9; 2001 c.636 §10; repealed by 2005 c.840 §9]

609.098 Maintaining dangerous dog

As used in this section, “dangerous dog” means a dog that: Without provocation and in an aggressive manner inflicts serious physical injury, as defined in ORS 161.015, on a person or kills a person; Acts as a potentially dangerous dog, as defined in ORS 609.035, after having previously committed an act as a potentially dangerous dog that resulted in the ke…

609.100 Dog licenses, tags and fees; exemptions

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 …

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.

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…

609.115 Liability for injury or property damage caused by potentially dangerous dog

As used in this section, “keeper” and “potentially dangerous dog” have the meanings given those terms in ORS 609.035. 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…

609.120 [Amended by 1969 c.677 §3; repealed by 1977 c.802 §15]

DOGS HARMING LIVESTOCK

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.

609.130 [Repealed by 1977 c.802 §15]

609.135 Applicability of ORS 609.156, 609.162 and 609.168

ORS 609.156, 609.162 and 609.168 apply in every county having a dog control program. 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 pro…

609.140 Right of action by owner of damaged livestock

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. If one or more of several dogs owned by different per…

609.150 Right to kill dog that harms or chases livestock

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…

609.153 Dog owner education program

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 brochur…

609.155 Impoundment for harming or chasing livestock; determination of fact; costs

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. If there is reason to believe that reasonable testing of a dog impounded pursuant…

609.156 Opportunity to request hearing

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 beha…

609.157 [1975 c.749 §5; 1999 c.756 §21; renumbered 609.161 in 1999]

609.158 Hearing process; notice of determination; reexamination of determination

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. Notwithstanding ORS 9.160 and 9.320, the county may choose to be represented at the hearing by any employee o…

609.160 [Amended by 1975 c.499 §2; 1999 c.756 §22; renumbered 609.169 in 1999]

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: The dog is found chasing livestock not the property of the owner of the dog in an area where freshly damaged livestock are found; The dog is found feeding upon a warm carcass of a livestock animal;…

609.162 Guidelines for imposing remedial measures, civil penalties or other sanctions

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: If the dog has engaged in chasing livestock and has not previously killed, wounded, injured or chased livestock: The county shall …

609.163 Enhanced civil penalties for habitual violators

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 …

609.165 Judicial review of county determination

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. Notwithstanding ORS 34.030, a petition for …

609.166 Record of penalized owners

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. The department shall maintain the record of a penalized dog owner for a reasonable period…

609.167 Conversion of civil penalty into lien; disposition of proceeds

Moneys collected from a dog owner under ORS 609.162 or 609.163 shall be deposited in the county treasury. 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. When a county assess…

609.168 Microchip identification of dog; rules

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 a…

609.169 Keeping dog with knowledge that it has harmed livestock

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 employe…

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…

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 …

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 sh…

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. (Generally)

609.305 “Exotic animal” defined

As used in ORS 609.305 to 609.355 and 609.992, “exotic animal” means: Any member of the family Felidae not indigenous to Oregon, except the species Felis catus (domestic cat); Any nonhuman primate; Any nonwolf member of the family Canidae not indigenous to Oregon, except the species Canis familiaris (domestic dog); Any bear, except the black bear (Ursus …

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.

609.310 [1963 c.217 §1; repealed by 1977 c.802 §15]

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 p…

609.315 [1985 c.437 §8; 1999 c.699 §5; 2009 c.492 §4; renumbered 609.345 in 2009]

609.319 [1985 c.437 §3; 1999 c.699 §6; 2009 c.492 §5; renumbered 609.341 in 2009]

609.320 [1963 c.217 §2; repealed by 1977 c.802 §15]

609.325 Conditions for keeping exotic animal

Any person who keeps an exotic animal shall keep the animal under conditions of confinement or control that, given the nature of the animal, would be imposed by a reasonable and prudent keeper to avoid physical or financial risk to the public as a result of escape of the animal or otherwise.

609.329 Liability for escape or injury

A keeper of an exotic animal is strictly liable for: Costs incurred by any person or city, county or state agency in attempting to remedy the animal’s escape from custody; Personal injury, property damage or similar loss directly or indirectly caused by the animal’s escape from custody, the lack of custody over the animal or efforts to remedy the animal’s …

609.330 [1963 c.217 §3; repealed by 1977 c.802 §15]

609.335 Department rules regulating keeping of exotic animals; sanctions for rule violations

The State Department of Agriculture shall adopt reasonable rules for issuing permits to keep exotic animals and establishing conditions for keeping the exotic animals. The conditions shall be directed toward ensuring the health, welfare and safety of the exotic animals and, where necessary, the security of facilities in which the exotic animals are kept so a…

609.340 [1963 c.217 §4; repealed by 1977 c.802 §15]

609.341 Permit requirement for keeping of exotic animal; breeding of animal

A person may not keep an exotic animal in this state unless the person possesses a valid State Department of Agriculture permit for that animal issued prior to January 1, 2010, or issued as provided in ORS 609.351. Except as provided in subsection (4) of this section, a person keeping an exotic animal in this state may not breed that animal. A person may n…

609.345 Exceptions to permit requirement

The requirements for a permit in ORS 609.335 and 609.341 do not apply to the following: A wildlife rehabilitation center operated under a valid permit issued by the State Fish and Wildlife Commission pursuant to ORS 497.308. A facility operated under a valid license or research facility registration issued by the United States Department of Agriculture pur…

609.350 [1963 c.217 §5; repealed by 1977 c.802 §15]

609.351 Issuance and renewal of exotic animal permit; fee

The State Department of Agriculture may issue a permit to a person to keep an exotic animal if the person applies for the permit within 90 days after January 1, 2010. The department may, within one year of January 1, 2010, issue a permit to a person to possess an exotic animal if the person submits satisfactory proof to the department that the person posses…

609.355 Issuance of permit upon lapse of federal license or registration

The State Department of Agriculture may issue a permit to a person to keep an exotic animal if: The person operated a facility under a valid license or research facility registration issued by the United States Department of Agriculture pursuant to the federal Animal Welfare Act of 1970 (7 U.S.C. 2133 or 2136); The person does not renew the person’s licens…

609.405 Requirement for destroying dogs and cats

No city or county or any facility with which the city or county has contracted to perform animal control functions and no humane society shall cause a dog or cat to be destroyed except by lethal injection of sodium pentobarbital or other substance approved by the Oregon State Veterinary Medical Examining Board. If a particular dog or cat to be destroyed pos…

609.410 Disposition of dogs and cats by research facility

A research facility that uses dogs or cats for laboratory research, before euthanizing a dog or cat that is no longer needed for research purposes, shall offer the dog or cat for adoption, provided that euthanizing the dog or cat is not required for health or safety reasons or is not necessary to complete laboratory research. The research facility shall use…

609.411 Preemption of ORS 609.410

Federal requirements supersede any inconsistent provisions of ORS 609.410 to the extent of the inconsistency. ANIMAL RESCUE ENTITIES

609.415 Animal rescue entities; licensing; records; fees; rules; civil penalty

As used in this section and ORS 609.420: “Animal” means any nonhuman mammal, bird, reptile, amphibian or fish. “Animal rescue entity” means an individual or organization, including but not limited to an animal control agency, humane society, animal shelter, animal sanctuary or boarding kennel not subject to ORS 167.374, but excluding a veterinary facility,…

609.420 Investigation and inspection of animal rescue entity

Whenever an authorized representative of an enforcing agency is advised or has reason to believe that an animal rescue entity is operating without a license, the authorized representative may visit and conduct an on-site investigation of the premises of the animal rescue entity. The purpose of an investigation under this section is to determine whether the a…

609.425 Unowned, abandoned or stray cats; holding periods; care requirements; records

As used in this section: “Animal holding agency” means a licensed animal rescue entity, as defined in ORS 609.415, that: Is a nonprofit organization that operates out of a physical building, with a published address, that is open to the public at least five days per week; or Is designated by a county or municipal animal control agency by contract to accep…

609.500 Definitions for ORS 609.500 to 609.520 and 609.994

As used in ORS 609.500 to 609.520 and 609.994, unless the context requires otherwise: “Animal control officer” means any person operating under the authority of this state, any unit of local government or the United States Government or pursuant to an agreement with any state or local government authority, for the purpose of: Providing shelter and other ca…

609.505 Unlawfully obtaining dog or cat

A person commits the crime of unlawfully obtaining a dog or cat if the person: Is an animal dealer; and Obtains a companion animal or the offspring of a companion animal from a person who has not raised the companion animal or the offspring of the companion animal on the person’s own premises. Unlawfully obtaining a dog or cat is a Class A misdemeanor. I…

609.510 Animal dealers required to keep records; report to State Department of Agriculture; fee; public inspection of records

Every animal dealer shall establish and maintain records on each dog or cat and the dog’s or cat’s offspring in the dealer’s possession or control, including: The species, gender, approximate age, color and distinctive markings and breed of the dog or cat; A photograph of the dog or cat made within 24 hours of acquisition or birth; The name, address and d…

609.515 Required period of possession of animal by dealer

Every animal dealer shall maintain possession of each dog or cat received for a period of at least 10 days after initial receipt of the dog or cat, unless the dealer: Returns the dog or cat to its rightful owner; or Delivers the dog or cat to an animal shelter.

609.520 Inspection of dealer records; procedure for obtaining animal held by dealer; penalty for failure to turn over animal; inspection of dealer facilities

An animal dealer shall permit inspection during normal business hours of companion animal records and the location at which companion animals are kept. The dealer may require documentation that a person seeking to inspect the location is the owner of a companion animal. When making the inspection, the person may be accompanied by an animal control officer. A…

609.650 Legislative findings

The Legislative Assembly finds that: There is a clear link between animal cruelty and crimes of domestic violence, including child abuse; and It is in the public interest to enact legislation to encourage the permissive reporting of animal cruelty.

609.652 Definitions for ORS 609.654

As used in ORS 609.654: “Aggravated animal abuse” means any animal abuse as described in ORS 167.322. “Aggravated animal abuse” does not include: Good animal husbandry, as defined in ORS 167.310; or Any exemption listed in ORS 167.335. “Law enforcement agency” means: Any city or municipal police department. A police department established by a univers…

609.654 Public or private official reporting of aggravated animal abuse; immunity

Notwithstanding ORS 40.225 to 40.295, a public or private official who has reasonable cause to believe that an animal with which the official has come in contact has suffered aggravated animal abuse, or that any person with whom the official has come in contact has committed aggravated animal abuse, may immediately report the suspected aggravated animal abus…

609.656 Regulated social worker reporting of abuse or neglect; immunity

As used in this section: “Abuse or neglect” means: Animal abuse in the second degree as described in ORS 167.315; Animal abuse in the first degree as described in ORS 167.320; Aggravated animal abuse in the first degree as described in ORS 167.322; Animal neglect in the second degree as described in ORS 167.325; or Animal neglect in the first degree as…

609.805 Misrepresentation of pedigree; mutilation of certificate or proof of pedigree; violation

No person shall: By any false representation and with intent to defraud, obtain from any corporation, club, association, society or company organized in whole or in part for the purpose of improving breeds of cattle, horses, sheep, swine or other domestic animals, a false certificate of registration of any such animal in their herd register or other registe…

609.815 On-site individuals for locations where numerous dogs are kept

As used in this section, “dog” means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies. A person that possesses, controls or otherwise has charge of at the same time 75 or more dogs shall have one or more individuals on site for at least eight hours each day to care for the dogs. The ratio between dogs and on-site individuals …

609.990 Penalties for ORS 609.060, 609.095, 609.098, 609.100, 609.169 and 609.405; disposition of dog by court

Violation of ORS 609.060 (2), 609.100 or 609.169 is a Class B violation. Maintaining a public nuisance in violation of ORS 609.095 (2) or (3) is a Class B violation. Except as provided in paragraph (b) of this subsection, violation of ORS 609.098 is a Class A misdemeanor. If a dog kills a person, violation of ORS 609.098 is a Class C felony. If a keeper …

609.992 Penalties for ORS 609.341; transfer of rights in exotic animal

Violation of ORS 609.341 is a Class B misdemeanor. In addition to and not in lieu of any jail sentence or fine it may impose, a court may require a defendant convicted under ORS 609.341 to forfeit any rights of the defendant in any exotic animal kept in violation thereof and to repay reasonable costs incurred by any person, city, county or state agency in c…

609.994 Penalties for ORS 609.510 to 609.520; cause of action for damages; injunctions

Violation of ORS 609.510, 609.515 or 609.520 is a specific fine violation punishable by a fine of not more than $50,000. A person has a cause of action for the recovery of compensatory damages from any person violating ORS 164.055 (1)(e), 164.085, 609.510, 609.515 or 609.520. In the action, the minimum pecuniary value of any companion animal is $250. The c…