76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1574
House Bill 2637
Sponsored by Representative ROBLAN (Presession filed.)
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 as
introduced.
Revises petition and election procedure regarding county or
city decision whether to allow dogs to run at large. Deletes
references to precinct regulation of dogs running at large.
Requires that moneys collected by city from dog licensing or
fines for dogs running at large be maintained in special fund of
city treasury.
A BILL FOR AN ACT
Relating to dog control; creating new provisions; amending ORS
609.060, 609.095, 609.100 and 609.990; and repealing ORS
609.040.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 609.060 is amended to read:
609.060. { + (1) A petition may be submitted in accordance
with ORS chapter 250 for a vote to be taken for or against
permitting dogs to run at large within a city or county. If a
petition is successfully filed with the county clerk or city
elections officer, the filing officer shall cause notice of
receipt to be given as required under ORS chapter 250. + }
{ - (1) - } { + (2) + } If a majority of all votes cast in
the election
{ - provided for by ORS 609.040 - } is against permitting dogs
to run at large, or if the governing body of the county { + or
city + } by ordinance prohibits dogs from running at large, the
county { + or city + } shall give notice, by publication in
{ - some - } { + a + } newspaper having a general circulation
in the county { + or city + } { - , and in the election
precinct if the prohibition of dogs running at large affects any
one precinct only, for three consecutive weeks - } .
{ - (2) - } { + (3) + } After 60 days from the date of the
notice, every person keeping a dog shall prevent the dog from
running at large in any county { - , city or precinct - } { +
or city + } where prohibited. A person who is the keeper of a dog
is guilty of a violation if the dog runs at large { - in a
county, city or precinct - } where prohibited.
{ - (3) - } { + (4) + } County license fees and { + moneys
that a county collects from + } the penalty for violation of
subsection { - (2) - } { + (3) + } of this section or ORS
609.100 { - , when collected, - } shall be paid into the county
treasury, and kept in a special fund. { + City license fees and
moneys that a city collects from the penalty for violation of
subsection (3) of this section or ORS 609.100 shall be paid into
the city treasury, and kept in a special fund. + }
SECTION 2. ORS 609.095 is amended to read:
609.095. (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.
(2) The keeper of a dog in a county { - , precinct - } or
city that is subject to ORS 609.030 and 609.035 to 609.110
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 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 { - , 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 3. ORS 609.100 is amended to read:
609.100. (1) In a county { - , precinct - } 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 March 1 of each year or within 30 days after the
person becomes keeper of the dog. However, the county governing
body may provide for dates other than March 1 for annual payment
of fees. The fee for the license shall be determined by the
county governing body in such amount as it finds necessary to
carry out ORS 609.035 to 609.110. A license fee shall not be less
than $25 for each dog, except that the fee shall not be less than
$3 for each spayed female or neutered male dog for which a
veterinarian's certificate of operation for the spaying or
neutering of the dog is presented to the county. If the person
fails to procure a license within the time provided by this
section, the county governing body may prescribe a penalty in an
additional sum to be set by the governing body.
(2) The county shall, at the time of issuing a license, supply
the licensee, without charge, with a suitable identification tag,
which shall be fastened by the licensee to a collar and kept on
the dog at all times when not in the immediate possession of the
licensee.
(3) The license fees in subsection (1) of this section do not
apply to dogs that are kept primarily in kennels and are not
permitted to run at large. The county governing body may
establish a separate license for dogs that are kept primarily in
kennels when the dogs cease to be considered inventory under ORS
307.400, the fee for which shall not exceed $5 per dog.
(4) A license fee is not required to be paid for any dog kept
by a person who is blind and who uses the dog as a guide. A
license shall be issued for such dog upon the filing by the
person who is blind of an affidavit with the county showing that
the dog qualifies for exemption.
(5) The county shall keep a record of dog licenses.
(6) Notwithstanding any other provision of this section or ORS
609.015, when the keeper of a dog obtains a license for the dog,
that license is valid and is in lieu of a license for the dog
required by any other city or county within this state, for the
remainder of the license period:
(a) If the keeper of the dog changes residence to a city or
county other than the city or county in which the license was
issued; or
(b) If the keeper of the dog transfers the keeping of the dog
to a person who resides in a city or county other than the city
or county in which the license was issued.
SECTION 4. ORS 609.990 is amended to read:
609.990. (1) Violation of ORS 609.060 { - (2) - } { +
(3) + }, 609.100 or 609.169 is a Class B violation.
(2) Maintaining a public nuisance in violation of ORS 609.095
(2) or (3) is punishable by a fine of not more than $250.
(3)(a) Except as provided in paragraph (b) of this subsection,
violation of ORS 609.098 is a Class A misdemeanor.
(b) If a dog kills a person, violation of ORS 609.098 is a
Class C felony.
(c) If a keeper violates ORS 609.098, the court shall order the
dangerous dog killed in a humane manner.
(4) Violation of ORS 609.405 constitutes a Class C misdemeanor.
(5) In addition to any fine or sentence imposed under this
section, a court may order a person who violates ORS 609.060
{ - (2) - } { + (3) + }, 609.095, 609.098, 609.100, 609.169 or
609.405 to pay restitution for any physical injury, death or
property damage caused by the dog as a result of the keeper's
violation of ORS 609.060 { - (2) - } { + (3) + }, 609.095,
609.098, 609.100, 609.169 or 609.405. The court may also order
the person to pay the cost of keeping the dog in impoundment.
(6) In addition to any fine imposed or restitution ordered of a
keeper for a violation of ORS 609.060 { - (2) - } { +
(3) + }, 609.095, 609.100, 609.169 or 609.405, the court may
impose reasonable restrictions on the keeping of the dog to
ensure the safety or health of the public. 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. If the dog is a potentially
dangerous dog, the court may order the dog killed in a humane
manner. In determining whether to have the dog killed, the court
shall give consideration to the factors described in ORS 609.093
and issue written findings on those factors.
(7) 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 subsection (3) or
(6) of 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.
(8) If a court orders a dog killed under subsection (6) of this
section 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.
SECTION 5. { + ORS 609.040 is repealed. + }
SECTION 6. { + The amendments to ORS 609.060, 609.095, 609.100
and 609.990 by sections 1 to 4 of this 2011 Act and the repeal of
ORS 609.040 by section 5 of this 2011 Act do not invalidate any
dog control program formed by one or more precincts prior to the
effective date of this 2011 Act. Precincts that formed dog
control programs prior to the effective date of this 2011 Act may
continue to administer and enforce those programs on or after the
effective date of this 2011 Act in the same manner as a city dog
control program. + }
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