71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1618
B-Engrossed
Senate Bill 166
Ordered by the House May 31
Including Senate Amendments dated March 30 and House Amendments
dated May 31
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Legislative Counsel
Committee for Senator Peter Courtney)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ + Authorizes creation of pet trusts. Authorizes court
appointment of trustee and of person to enforce terms and
conditions of pet trust. Provides for disposition of trust
property upon termination of trust. + }
Changes requirement for reporting animal bite to local health
officer. Changes criteria making dog subject to rabies
inoculation. Changes penalties for not complying with certain
rabies control statutes and orders.
Modifies elements of some dog activities constituting nuisance.
Requires written findings on statutory criteria before ordering
dog put to death. { - Allows keeper of dog to request
disposition of dog be determined in special statutory proceeding
if disposition order may provide for dog to be killed. - }
{ - Creates special process for obtaining writ of review or
filing appeal when order is issued to kill dog. - }
A BILL FOR AN ACT
Relating to animals; creating new provisions; and amending ORS
433.345, 433.365, 433.385, 433.990, 609.010, 609.090, 609.093,
609.095, 609.097 and 609.990.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) Any person may establish a pet trust for
the care of designated domestic or pet animals. A pet trust may
provide for the care of individually named animals or for a class
of animals, but any animal provided for under the trust must be
living at the time of the trustor's death. Wills and other
instruments shall be liberally construed in favor of finding the
creation of a pet trust, and there is a presumption against
merely precatory or honorary disposition on behalf of domestic
and pet animals.
(2) The terms and conditions of a pet trust may be enforced by
an individual designated for that purpose in the trust
instrument. If the trust instrument does not designate a person
to enforce the terms and conditions of the pet trust, the circuit
court may appoint a person for that purpose. Reasonable
compensation for a person appointed by the court may be paid from
the assets of the trust.
(3) If a trustee is not designated in a pet trust or the person
designated to act as trustee is unwilling or unable to serve, the
circuit court shall name a trustee. A pet trust may designate one
or more persons to serve as successor trustee. The court may
order the transfer of the property to a person other than the
designated trustee or successor trustee if the transfer is
required to ensure that the trustor's intent is carried out. The
court may also make such other orders as the court deems
necessary to carry out the intent of the trustor and the purposes
of this section.
(4) Upon termination of a pet trust, the trustee shall transfer
the unexpended trust property in the following order:
(a) As directed by the trust instrument;
(b) If the trust was created in a nonresiduary clause in the
trustor's will, under the residuary clause in the trustor's will;
or
(c) If paragraphs (a) and (b) of this subsection do not apply,
to the persons to whom the estate of the trustor would pass by
intestate succession under ORS 112.025 to 112.055.
(5) Except as ordered by a circuit court or required by the
trust instrument, no filing, report, registration, periodic
accounting, separate maintenance of funds, appointment or fee is
required by reason of the existence of the fiduciary relationship
of the trustee.
(6) A pet trust terminates as provided by the terms of the
trust instrument. If the trust instrument makes no provision for
termination of the trust, the trust terminates when no living
animal is covered by the trust or when all trust assets are
exhausted, whichever occurs first. + }
SECTION 2. ORS 433.345 is amended to read:
433.345. (1) { - Whenever - } { + If + } an animal bites
{ - any - } { + a + } person { + and the bite causes a break
in the skin, + }or { + if an animal + } is suspected of rabies
or has been in close contact with an animal suspected of rabies,
the facts shall be immediately reported to the local health
officer by any person having direct knowledge.
(2) The Health Division, in consultation with the State
Department of Agriculture, shall promulgate rules relating to the
handling and disposition of animals that have bitten
{ - any - } { + a + } person or are suspected of rabies or
that have been in close contact with an animal suspected of
rabies. Such rules may include requirements for confinement,
isolation and inoculation. Owners or persons in possession of
animals subject to such rules, shall handle or dispose or allow
the handling or disposal of such animals strictly in accordance
with such rules.
SECTION 3. ORS 433.365 is amended to read:
433.365. (1) { - All dogs - } { + A dog that has permanent
canine teeth or that is six months of age or older + }must be
inoculated against rabies, unless specifically exempted by rule
of the Health Division or the State Department of Agriculture.
(2) Unless pursuant to conditions specified in ORS 430.357, any
{ - regulations - } { + rules + } of the State Department of
Agriculture or the Assistant Director for Health with respect to
inoculation shall:
(a) Not apply to animals brought temporarily into the state for
periods of less than 30 days but { - they - } may require that
{ - such - } { + the + } animals be kept under strict
supervision by { - their - } { + the + } owners { + of the
animals + }.
(b) Not apply to dogs or to any other animal specifically
exempted from the inoculation requirement by rule of the Health
Division or the State Department of Agriculture.
(3) The costs of all such required inoculations shall be borne
by the owners of the animal.
SECTION 4. ORS 433.385 is amended to read:
433.385. (1) Any animal in violation of ORS 433.365 shall be
apprehended and impounded.
(2) All animals apprehended and impounded under this section
shall be held in adequate and sanitary pounds to be established
or contracted for in each county by the governing body of the
county. All animals so impounded shall be given proper care and
maintenance.
(3) When an animal is apprehended and impounded, the owner, if
known, shall be given notice of not less than five days from the
date of such impounding before the animal is destroyed or
otherwise disposed of. An owner appearing to redeem the animal
may do so if the provisions of ORS 433.365 are complied with and
if the owner pays the expense of keeping the animal during the
time it was impounded and in addition thereto, the sum
established by the county governing body. If the animal is
subject to any other impounding law the requirements for release
under that law shall also be met except that the expense of
keeping the animal shall be payable only once for the period of
impoundment. If the owner does not appear to redeem the animal
after the notice provided for herein, or otherwise, after five
days, or if the owner is not known, after three days, the
governing body of the county may provide for animals impounded to
be released to any other person upon the conditions outlined in
this subsection or otherwise disposed of in a humane manner.
(4) { - Where - } { + If + } the owner desires to redeem an
animal impounded pursuant to this section or the animal is to be
released to any other person as provided in subsection (3) of
this section, the person shall post a $20 deposit with the county
and obtain possession of the animal for the purpose of complying
with ORS 433.365. { - Upon demonstrating - } { + The county
shall refund the deposit to a person who, on or before the eighth
day after obtaining possession of the animal, demonstrates + }
proof of rabies inoculation { + or exemption from the
inoculation requirement + } and { + , if applicable, proof of + }
purchase of a license as required under ORS 609.100 { + . + }
{ - , within eight days of obtaining possession of the animal,
the $20 deposit shall be refunded to the person posting the
deposit. - } Failure to demonstrate proof of rabies inoculation
{ + or exemption + } and { + proof of + } licensing within the
prescribed time shall forfeit the deposit to the county.
(5) The governing body of the county shall designate persons
responsible for the enforcement of this section.
SECTION 5. ORS 433.990 is amended to read:
433.990. (1) Violation of ORS 433.004 or 433.008, 433.255,
433.260 or 433.715 is a Class A misdemeanor.
(2) Violation of ORS 433.010 is punishable, upon conviction, by
imprisonment in the custody of the Department of Corrections for
not more than three years.
(3) Violation of ORS 603.059 is a Class D violation. If the
nuisance is not removed within five days after the first offense,
it is considered a second offense and every like neglect of each
succeeding five days thereafter is considered an additional
offense.
(4) Violation of ORS 433.035 is punishable upon conviction by a
fine of not less than $10 nor more than $100, or by imprisonment
for not less than 10 days nor more than 30 days, or by both.
(5) Violation of ORS 433.850 (2) or (4) is a Class D violation
punishable by fines totaling not more than $100 in any 30-day
period.
(6) Violation of ORS 433.345 or 433.365 { - or - } { + is a
Class B violation. + } Failure to obey any lawful order of the
Assistant Director for Health issued under ORS 433.350 is a
{ + Class C + } misdemeanor.
(7) Any organizer, as defined in ORS 433.735, violating ORS
433.745 is punishable, upon conviction, by a fine of not more
than $10,000.
SECTION 6. ORS 609.010 is amended to read:
609.010. (1) As used in ORS 609.040 to 609.110, 'running at
large' means a dog is off or outside of the premises occupied by
the keeper of the dog, or is not in the company of and under the
control of its 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.
(2) As used in this section and ORS 609.040 to 609.110 and
609.990 { + : + } { - , - }
{ + (a) + } 'Keeper' means a person who owns, possesses,
controls or otherwise has charge of a dog.
{ + (b) 'Menaces' or 'menacing' means lunging, growling,
snarling or other behavior by a dog that would cause a reasonable
person to fear for the person's safety. + }
SECTION 7. ORS 609.090 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 609.040 to 609.110 or
when a dog is a public nuisance described by ORS 609.095 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.
(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 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 ORS
609.040 to 609.110.
(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 - } { + on premises other
than + } the premises occupied { + exclusively + } 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 - } { + Before
ordering that the dog be + }killed, the board or governing body
shall consider the factors described in ORS 609.093 { + and
issue written findings on those factors + }. { + Notwithstanding
ORS 34.030, if the disposition order issued by the board or
governing body provides that the dog is to be killed, a petition
by the keeper for a writ of review must be filed no later than
the 10th day after the dog control board or county governing body
sends notice of the order to the keeper. Notwithstanding ORS
19.270, 19.330 and 34.070, the order for the killing of the dog
may not be carried out during the period that the order is
subject to review or appeal. + } 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.
(9) Notwithstanding the provisions of subsections (2), (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 8. ORS 609.093 is amended to read:
609.093. { - (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) - } { + (1) + } The circumstances of the bite,
including whether the dog was provoked by the person bitten;
{ - (b) - } { + (2) + } Whether the keeper has a history of
maintaining dogs that are a public nuisance;
{ - (c) - } { + (3) + } The impact of keeper actions on the
behavior of the dog;
{ - (d) - } { + (4) + } The severity of the bite;
{ - (e) - } { + (5) + } The ability and inclination of the
keeper to prevent the dog from { + chasing or menacing another
person on premises other than the premises occupied exclusively
by the keeper or from + } biting another person;
{ - (f) - } { + (6) + } Whether the dog can be relocated to
a secure facility;
{ - (g) - } { + (7) + } The effect that a transfer of
ownership would have on ensuring the health and safety of the
public;
{ - (h) - } { + (8) + } Whether the dog has unjustifiably
chased or menaced a person on a prior or subsequent occasion; and
{ - (i) - } { + (9) + } 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. - }
SECTION 9. 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 - } { + Chases or
menaces persons or chases vehicles on premises other than
premises occupied exclusively by the keeper of the dog + };
(c) Damages or destroys property of persons other than the
keeper of the dog;
(d) Scatters garbage { + on premises other than premises
occupied exclusively by the keeper of the dog + };
(e) Trespasses on private property of persons other than the
keeper of the dog;
(f) Disturbs any person by frequent or prolonged noises;
(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 keeper of a dog in a county, precinct or city that is
subject to ORS 609.030 and 609.040 to 609.110 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) - } { + (3) + },
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.
(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, precinct or city. The receipt of any
complaint is sufficient cause for the county, precinct 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.
SECTION 10. ORS 609.097 is amended to read:
609.097. A dog { - shall not be considered - } { + is
not + } a public nuisance under ORS 609.090 (5) or 609.095
{ - or - } { + and may not be + } destroyed under ORS 609.090
or 609.990 if the dog { + menaces, chases or + } bites a person
wrongfully assaulting the dog or the dog's keeper or if the dog
{ + menaces, chases or + } bites a person trespassing upon
premises occupied { + exclusively + } by the dog's keeper after
being provoked by that person.
SECTION 11. ORS 609.990 is amended to read:
609.990. (1) Violation of ORS 609.060 (2), 609.100 or 609.169
is a Class B violation.
(2) { - Except as provided under subsections (3) and (4) of
this section, - } { + If a dog is a public nuisance for a
reason or reasons not including chasing or menacing a person on
premises other than premises occupied exclusively by the keeper
of the dog or biting a person, + } maintaining a public nuisance
in violation of ORS 609.095 (2) or (3) is punishable by a fine of
not more than $250.
{ + (3) Except as provided in this subsection, if a dog is a
public nuisance because the dog chases or menaces a person on
premises other than premises occupied exclusively by the keeper
of the dog or because the dog bites a person, maintaining the
public nuisance in violation of ORS 609.095 (2) or (3) is
punishable by a fine of not more than $500. If a dog is a public
nuisance because the dog chases or menaces a person on premises
other than premises occupied exclusively by the keeper of the dog
or because the dog bites a person, a dog keeper maintaining the
public nuisance in violation of ORS 609.095 (2) or (3) commits a
Class C misdemeanor if the keeper has previously been convicted
of a violation or crime because of any dog chasing or menacing a
person on premises other than premises occupied exclusively by
the keeper of the dog or because of any dog biting a person.
(4) Except as provided in subsection (5) of this section, + }
in addition to any { + fine or + } sentence imposed or
restitution ordered { + of the keeper + } 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.
{ - (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, - }
{ + (5) In addition to any fine or sentence imposed or
restitution ordered of the keeper under this section, + } the
court may { + order that a dog be killed in a humane manner if
the dog has menaced or chased a person when on premises other
than the premises occupied exclusively by the keeper or has
bitten a person. + } { - , after - } { + In determining
whether a dog is to be killed, the court must give + }
consideration { - of - } { + to + } the factors described in
ORS 609.093 { + and issue written findings on those factors + }
{ - , 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. { + If the keeper maintains a public
nuisance as described in ORS 609.095 (3) by failing to comply
with reasonable restrictions imposed pursuant to this paragraph,
the court may reconsider the determination made under this
subsection and upon reconsideration may include the failure to
comply as evidence regarding the ability and inclination of the
keeper to prevent the dog from chasing or menacing another person
on premises other than premises occupied exclusively by the
keeper or from biting another person. + }
{ - (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 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. - }
{ + (6) Notwithstanding ORS 19.270 and 19.330, subject to
periodic advance payment of the cost of keeping the dog in
impoundment, the killing of a dog pursuant to an order under this
section may not be carried out during the period that the order
is subject to the appeal process. Unless otherwise ordered by the
Court of Appeals, the dog may be killed during the appeal period
if the keeper fails to maintain advance payment of the cost of
keeping the dog impounded.
(7) If a circuit court orders a dog killed and the keeper does
not make the dog available for that purpose, the court may issue
a search warrant for a property upon probable cause to believe
that the dog is located at that property. + }
{ - (5) - } { + (8) + } Violation of ORS 609.405
constitutes a Class C misdemeanor.
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