ORS 609.095
Dog as public nuisance

  • public nuisance prohibited
  • complaint

(1)

A dog is a public nuisance if it:

(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 the dog may lawfully exclude others;

(d)

Trespasses on private property of persons other than the keeper of the dog;

(e)

Disturbs any person by frequent or prolonged noises;

(f)

Is a female in heat and running at large; or

(g)

Is a potentially dangerous dog, but is not a dangerous dog as defined in ORS 609.098 (Maintaining dangerous dog).

(2)

The keeper of a dog in a county or city that is subject to ORS 609.030 (Establishing dog control district) and 609.035 (Definitions for ORS 609.035 to 609.110 and 609.990) to 609.110 (Dog License Fund) maintains a public nuisance if the dog commits an act described under subsection (1) of this section. 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 (Penalties for ORS 609.060, 609.095, 609.098, 609.100, 609.169 and 609.405) or 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. 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.

(4)

Any person who has cause to believe a keeper is maintaining a dog that is a public nuisance may complain, either orally or in writing, to the county or city. The receipt of any complaint is sufficient cause for the county or city to investigate the matter and determine whether the keeper of the dog is in violation of subsection (2) or (3) of this section. [1973 c.655 §2; 1977 c.802 §7; 1999 c.658 §8; 1999 c.756 §18; 2001 c.636 §9; 2001 c.926 §15; 2005 c.840 §7; 2011 c.607 §16]

Source: Section 609.095 — Dog as public nuisance; public nuisance prohibited; complaint, https://www.­oregonlegislature.­gov/bills_laws/ors/ors609.­html.

Notes of Decisions

This section is not unconstitutionally vague. State v. Winkelman, 24 Or App 317, 545 P2d 601 (1976)

609.015
Application of ORS 609.030 and 609.035 to 609.110 609.020
Dogs as personal property 609.030
Establishing dog control district 609.035
Definitions for ORS 609.035 to 609.110 and 609.990 609.060
Notice of county prohibition on dogs running at large 609.090
Impounding certain dogs 609.093
Considerations prior to disposing of chasing, menacing or biting dog 609.095
Dog as public nuisance 609.098
Maintaining dangerous dog 609.100
Dog licenses, tags and fees 609.105
Exemption for assistance animals 609.110
Dog License Fund 609.115
Liability for injury or property damage caused by potentially dangerous dog 609.125
Definition of “livestock.” 609.135
Applicability of ORS 609.156, 609.162 and 609.168 609.140
Right of action by owner of damaged livestock 609.150
Right to kill dog that harms or chases livestock 609.153
Dog owner education program 609.155
Impoundment for harming or chasing livestock 609.156
Opportunity to request hearing 609.158
Hearing process 609.161
Disputable presumption that dog harms or chases livestock 609.162
Guidelines for imposing remedial measures, civil penalties or other sanctions 609.163
Enhanced civil penalties for habitual violators 609.165
Judicial review of county determination 609.166
Record of penalized owners 609.167
Conversion of civil penalty into lien 609.168
Microchip identification of dog 609.169
Keeping dog with knowledge that it has harmed livestock 609.170
Claim by owner of livestock 609.180
Hearing and payment of claims 609.190
Subrogation of county paying claim 609.205
Prohibitions against keeping of wild or exotic animals 609.305
“Exotic animal” defined 609.309
Policy on exotic animals 609.312
Seller to provide buyer with informational material 609.325
Conditions for keeping exotic animal 609.329
Liability for escape or injury 609.335
Department rules regulating keeping of exotic animals 609.341
Permit requirement for keeping of exotic animal 609.345
Exceptions to permit requirement 609.351
Issuance and renewal of exotic animal permit 609.355
Issuance of permit upon lapse of federal license or registration 609.405
Requirement for destroying dogs and cats 609.410
Disposition of dogs and cats by research facility 609.411
Preemption of ORS 609.410 609.415
Animal rescue entities 609.420
Investigation and inspection of animal rescue entity 609.500
Definitions for ORS 609.500 to 609.520 and 609.994 609.505
Unlawfully obtaining dog or cat 609.510
Animal dealers required to keep records 609.515
Required period of possession of animal by dealer 609.520
Inspection of dealer records 609.650
Legislative findings 609.652
Definitions for ORS 609.654 609.654
Public or private official reporting of aggravated animal abuse 609.656
Regulated social worker reporting of abuse or neglect 609.805
Misrepresentation of pedigree 609.815
On-site individuals for locations where numerous dogs are kept 609.990
Penalties for ORS 609.060, 609.095, 609.098, 609.100, 609.169 and 609.405 609.992
Penalties for ORS 609.341 609.994
Penalties for ORS 609.510 to 609.520
Green check means up to date. Up to date

Current through early 2024

§ 609.095’s source at oregon​.gov