Dogs

ORS 609.161
Disputable presumption that dog harms or chases livestock


For purposes of ORS 609.135 (Applicability of ORS 609.156, 609.162 and 609.168) to 609.190 (Subrogation of county paying claim), a disputable presumption shall arise that a dog has been engaged in killing, wounding, injuring or chasing livestock if:

(1)

The dog is found chasing livestock not the property of the owner of the dog in an area where freshly damaged livestock are found;

(2)

The dog is found feeding upon a warm carcass of a livestock animal;

(3)

An examination of the dog’s feces indicates ingestion of portions of the anatomy or covering of the anatomy of livestock by the dog; or

(4)

Portions of the anatomy or covering of the anatomy of livestock are found on the teeth of the dog, unless the dog is regularly used for the purpose of herding sheep. [Formerly 609.157]

(formerly 609.157)

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

Chapter 609

Atty. Gen. Opinions

Possession and administration of sodium pentobarbital by county animal control program, (1982) Vol 42, p 297


Source

Last accessed
Jun. 26, 2021