ORS 609.155
Impoundment for harming or chasing livestock

  • determination of fact
  • costs

(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)

Intentionally left blank —Ed.

(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 (Hearing process), 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 (Guidelines for imposing remedial measures, civil penalties or other sanctions) and 609.163 (Enhanced civil penalties for habitual violators). In addition to any action taken under ORS 609.162 (Guidelines for imposing remedial measures, civil penalties or other sanctions) and 609.163 (Enhanced civil penalties for habitual violators), 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 (Impounding certain dogs), 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. [1975 c.749 §4; 1977 c.802 §9; 1999 c.756 §20]

Source: Section 609.155 — Impoundment for harming or chasing livestock; determination of fact; costs, https://www.­oregonlegislature.­gov/bills_laws/ors/ors609.­html.

Notes of Decisions

“Injuring” livestock refers to situation where there is no physical contact between dog and livestock but livestock damage results from dog’s action. Roach v. Jackson County, 151 Or App 33, 949 P2d 1227 (1997), Sup Ct review denied

“Chasing” livestock does not require that dog have predatory intent or that livestock suffer damage as result. Roach v. Jackson County, 151 Or App 33, 949 P2d 1227 (1997), Sup Ct review denied

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

§ 609.155’s source at oregon​.gov