Chapter 756 Oregon Laws 1999
Session Law
AN ACT
SB 795
Relating to animals;
creating new provisions; and amending ORS 167.310, 167.387, 215.283, 609.010,
609.015, 609.090, 609.095, 609.100, 609.155, 609.157, 609.160, 609.180 and
609.190.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Sections 2 to 10 of this 1999 Act are added
to and made a part of ORS 609.140 to 609.190.
SECTION 2. (1) Prior to making a determination whether
a dog has killed, wounded, injured or chased livestock, a county shall provide
an opportunity for the dog owner to receive a hearing. The county shall send
notice of the opportunity to request a hearing in a manner that is reasonably
calculated, under all the circumstances, to apprise the dog owner of the
specific behavior and incident alleged and the possible penalties, and to
provide the dog owner with a fair opportunity for making the hearing request.
(2) A dog owner must cause a
hearing request to be delivered to the county not later than the 14th day
following the sending of notice under subsection (1) of this section. If a dog
owner does not make a timely request for a hearing, the dog owner is conclusively
presumed to have admitted the matter alleged and the county may immediately
take action under sections 5 and 6 of this 1999 Act. The county shall send
notice of its determination in the manner provided under section 3 (4) of this
1999 Act.
SECTION 3. (1) A hearing may be conducted and a
determination whether a dog has killed, wounded, injured or chased livestock
may be made by the county governing body or any members thereof, the dog
control board or any members thereof or a county hearings officer.
(2) Notwithstanding ORS
9.160 and 9.320, the county may choose to be represented at the hearing by any
employee of the county. If the employee is not an attorney, the employee shall
not present legal argument, examine or cross-examine witnesses, present
rebuttal evidence or give legal advice to the governing body, dog control board
or hearings officer conducting the hearing.
(3) The person presiding at
the hearing shall ensure that the record developed at the hearing shows a full
and fair inquiry into the facts necessary to determine the matter alleged. A
determination made by a county following a hearing must be upon consideration
of the whole record and supported by reliable, probative and substantial
evidence.
(4) The county shall notify
the dog owner of its determination and of any civil penalties or other measures
imposed by delivering or mailing a copy to the dog owner or, if applicable, the
attorney of the dog owner.
(5) If a hearing is not
conducted by a majority of the county governing body, the owner may request
that the county governing body reexamine the determination. If the county
governing body does not grant the request for reexamination within 14 days, the
request shall be deemed denied. A county governing body may not reexamine a
determination if a petition for judicial review of the determination has been
filed.
SECTION 4. (1) A determination issued under section 2
or 3 of this 1999 Act is subject to judicial review by the circuit court for
the county making the determination as provided under ORS 34.010 to 34.100.
Notwithstanding ORS 34.070, filing a petition for review shall automatically
stay execution of the determination made by the county.
(2) Notwithstanding ORS
34.030, a petition for review must be filed no later than the 21st day
following the date on which the county delivered or mailed its determination in
accordance with section 3 (4) of this 1999 Act. The filing of a request for reexamination
under section 3 (5) of this 1999 Act does not act to toll the time for filing a
petition for judicial review. However, if a county governing body reexamines
the determination, the time for filing a petition for judicial review shall be
extended through the 21st day following the date that the result of the
reexamination is delivered or mailed.
(3) If the court reverses
the decision of the county, the court shall make special findings of fact based
upon the evidence in the record and conclusions of law indicating clearly all
aspects in which the county's procedure or determination was in error.
SECTION 5. (1) If a county determines under section 2
(2) of this 1999 Act or after a full and fair hearing that a dog has engaged in
killing, wounding, injuring or chasing livestock, the county shall take action
in accordance with the following guidelines:
(a) If the dog has engaged
in chasing livestock and has not previously killed, wounded, injured or chased
livestock:
(A) The county shall take
reasonable measures to prevent a recurrence. Reasonable measures include, but
are not limited to, requiring that the dog owner take specific measures to
adequately confine the dog and provide a notarized written pledge that the
owner will prevent the dog from chasing livestock again; and
(B) The county may impose a
civil penalty of not more than $500.
(b) If the dog has engaged
in chasing livestock and has previously killed, wounded, injured or chased
livestock, or if the dog has engaged in wounding or injuring livestock and has
not previously killed, wounded, injured or chased livestock, the county shall
impose a civil penalty of not less than $250 and not more than $1,000. In
addition to imposing the civil penalty, the county may:
(A) Require the dog owner to
surrender the dog for adoption by a new owner approved by the county;
(B) Require the owner to
remove the dog to a location where, in the opinion of the county, the dog does
not present a threat to livestock; or
(C) Require that the dog be
put to death in a humane manner. Before requiring that a dog be put to death
under this subparagraph, the county shall make specific findings on the record
that other measures are not available, are not adequate to remedy the problem
or are otherwise unsuitable.
(c) If the dog has engaged
in wounding or injuring livestock and has previously killed, wounded, injured
or chased livestock, or if the dog has engaged in killing livestock and has not
previously killed livestock, the county shall impose a civil penalty of not
less than $500 and not more than $1,000. In addition to imposing the civil
penalty, the county shall:
(A) Require the dog owner to
remove the dog to a location where, in the opinion of the county, the dog does
not present a threat to livestock; or
(B) Require that the dog be
put to death in a humane manner.
(d) If the dog has engaged
in killing livestock and the dog has previously killed livestock, the county
shall impose a civil penalty of not less than $500 and not more than $1,000. In
addition to imposing the civil penalty, the county shall require that the dog
be put to death in a humane manner.
(2) In establishing the
history of a dog for purposes of this section, or the history of an owner for
purposes of section 6 of this 1999 Act, a county shall consider all known
determinations involving the dog or owner by any court, or by a governing body,
official or agency of any local or state government, without regard to where or
when the incident occurred.
SECTION 6. (1) If a county assesses a civil penalty
under section 5 of this 1999 Act against a dog owner who has previously been
assessed a civil penalty, fine or forfeiture based upon the killing, wounding,
injuring or chasing of livestock in an incident not involving the same dog or
dogs as in the matter being determined, the county shall assess an additional
civil penalty of not less than $250 and not more than $1,000.
(2) If a county assesses a
civil penalty under section 5 of this 1999 Act against a dog owner who has
previously been assessed two or more civil penalties, fines or forfeitures, or
a combination thereof, based upon the killing, wounding, injuring or chasing of
livestock in two or more incidents not involving the same dog or dogs as in the
matter being determined, the county shall assess an additional civil penalty of
not less than $1,000 and not more than $5,000. A penalty under this subsection
is in lieu of a civil penalty under subsection (1) of this section.
(3) In addition to any other
civil penalty under this section or section 5 of this 1999 Act, if a dog that
kills, wounds, injures or chases livestock is not licensed as required, the
county may assess a civil penalty of not more than $1,000. A civil penalty
imposed under this subsection shall prevent imposition of a fine under ORS
609.990 for violation of ORS 609.100.
SECTION 7. (1) Moneys collected from a dog owner under
section 5 or 6 of this 1999 Act shall be deposited in the county treasury.
(2) A civil penalty under
section 5 or 6 of this 1999 Act is a penalty against the person owning the dog
at the time that the dog killed, wounded, injured or chased livestock. The
penalty may not be transferred to a subsequent owner of the dog.
(3) When a county assesses a
civil penalty under section 5 or 6 of this 1999 Act, if the amount of penalty
is not paid within 21 days after delivery or mailing of the determination, the
county may record the penalty with the county clerk of any county of this
state. The clerk shall thereupon record in the County Clerk Lien Record the
name of the person incurring the penalty. However, the county shall not record
a penalty with a county clerk while a request for reexamination or petition for
judicial review is pending.
(4) In addition to any other
remedy provided by law, recording an order in the County Clerk Lien Record
pursuant to this section has the effect provided for in ORS 205.125 and
205.126, and the order may be enforced as provided in ORS 205.125 and 205.126.
(5) Imposition of a civil
penalty under section 5 or 6 of this 1999 Act does not prevent the bringing of
an action for damages under ORS 609.140 or 609.190. A determination by the
county that a dog has killed, wounded, injured or chased livestock is prima
facie evidence of the matter in a subsequent action under ORS 609.140 but not
in an action under ORS 609.190.
SECTION 8. (1)
When a civil penalty is assessed against a dog owner under section 5 or 6 of
this 1999 Act, the county shall supply the State Department of Agriculture with
information identifying the dog owner. The department shall supply the counties
with forms for recording the information.
(2) The department shall
maintain the record of a penalized dog owner for a reasonable period and shall
make the record available to any county upon request.
(3) The county and the
department may charge reasonable fees to the dog owner to cover the cost of
conducting and administering the dog owner information program.
SECTION 9. (1) A county shall implant an identifying
microchip into a dog described in section 5 of this 1999 Act that is not put to
death. Implantation shall be made prior to any adoption or relocation of the
dog. The State Department of Agriculture, by rule, shall prescribe standards
for microchip implantation. The county making an implantation shall forward the
microchip information and the record of the dog to the department.
(2) The department shall
maintain the record for a dog implanted with a microchip under this section for
a reasonable period and shall make the record available to any county upon
request.
(3) The county and the
department may charge reasonable fees to the dog owner to cover the cost of
conducting and administering the microchip implantation program.
SECTION 9a. (1) Sections 2, 5 and 9 of this 1999 Act
apply in every county having a dog control program.
(2) Except as provided under
subsections (1) and (3) of this section, ORS 609.140 to 609.190 apply in every
county having a dog control program except as otherwise provided by county
charter or ordinance. Except as provided under subsections (1) and (3) of this
section, the provisions of ORS 609.140 to 609.190 do not limit the powers of
cities or counties to adopt ordinances and regulations relating to the control
of dogs.
(3) Section 5 (2) of this 1999
Act does not eliminate or restrict the ability of a county to adopt a charter
or ordinance that is contrary to section 6 of this 1999 Act. Notwithstanding
any county charter or ordinance, a notice of determination sent under section 2
(2) of this 1999 Act or after a full and fair hearing shall be sent as provided
under section 3 (4) of this 1999 Act.
SECTION 10. (1) The State Department of Agriculture
shall coordinate the development of a program to educate dog owners concerning
their responsibility to avoid conflicts between dogs and livestock. The program
shall include the publication of a brochure. A discussion of penalties and
other measures provided for under sections 5 and 6 of this 1999 Act shall be
included in the brochure.
(2) The obligation of the
department under subsection (1) of this section is limited to the extent of any
moneys specifically appropriated for that purpose or available from donations,
gifts and grants by private or other nonstate sources.
SECTION 11. As used in ORS 609.140 to 609.190,
"livestock" means ratites, psittacines, horses, mules, jackasses,
cattle, llamas, alpacas, sheep, goats, swine, domesticated fowl and any
fur-bearing animal bred and maintained commercially or otherwise, within pens,
cages and hutches.
SECTION 12. ORS 609.097 is added to and made a part of
ORS 609.040 to 609.110.
SECTION 13.
ORS 167.310 is amended to read:
167.310. As used in ORS 167.310 to 167.350:
(1) "Animal" means any nonhuman mammal, bird,
reptile, amphibian or fish.
(2) "Good animal husbandry" includes, but is not
limited to, the dehorning of cattle,
the docking of horses, sheep or swine, and the castration or neutering of
livestock, according to accepted practices of veterinary medicine or animal
husbandry.
(3) "Livestock" has the meaning provided in [ORS 609.010] section 11 of this 1999 Act.
(4) "Pet or domestic animal" means any animal that is
owned or possessed by a person, other than livestock or poultry.
(5) "Physical injury" has the meaning provided in ORS
161.015.
(6) "Possess" has the meaning provided in ORS
161.015.
(7) "Serious physical injury" has the meaning
provided in ORS 161.015.
(8) As used in ORS 167.325 and 167.330, "Minimum
care" means care sufficient to preserve the health and well-being of an
animal and, except for emergencies or circumstances beyond the reasonable
control of the owner, includes, but is not limited to, the following
requirements:
(a) Food of sufficient quantity and quality to allow for normal
growth or maintenance of body weight.
(b) Open or adequate access to potable water in sufficient
quantity to satisfy the animal's needs. Snow or ice is not an adequate water
source.
(c) In the case of pet or domestic animals, access to a barn,
dog house or other enclosed structure sufficient to protect the animal from
wind, rain, snow or sun and which has adequate bedding to protect against cold
and dampness.
(d) Veterinary care deemed necessary by a reasonably prudent
person to relieve distress from injury, neglect or disease.
(e) Pet or domestic animals shall not be confined to an area
without adequate space for exercise necessary for the health of the animal or
which does not allow access to a dry place for the animal to rest. The air
temperature in a confinement area must be suitable for the animal involved.
Confinement areas must be kept reasonably clean and free from excess waste or
other contaminants which could affect the animal's health.
SECTION 14.
ORS 167.387 is amended to read:
167.387. As used in this section and ORS 167.388:
(1) "Livestock" has the meaning given in [ORS 609.010] section 11 of this 1999 Act.
(2) "Livestock production facility" means:
(a) Any facility or organization engaged in animal breeding,
production or processing; or
(b) Any facility or institution whose primary purpose is to
impound estray animals, as that term is defined in ORS 607.007.
SECTION 14a.
ORS 215.283 is amended to read:
215.283. (1) The following uses may be established in any area
zoned for exclusive farm use:
(a) Public or private schools, including all buildings
essential to the operation of a school.
(b) Churches and cemeteries in conjunction with churches.
(c) The propagation or harvesting of a forest product.
(d) Utility facilities necessary for public service, except
commercial facilities for the purpose of generating power for public use by
sale and transmission towers over 200 feet in height.
(e) A dwelling on real property used for farm use if the
dwelling is:
(A) Located on the same lot or parcel as the dwelling of the
farm operator; and
(B) Occupied by a relative, which means grandparent,
grandchild, parent, child, brother or sister of the farm operator or the farm
operator's spouse, whose assistance in the management of the farm use is or
will be required by the farm operator.
(f) The dwellings and other buildings customarily provided in
conjunction with farm use.
(g) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as defined by
ORS 520.005, including the placement and operation of compressors, separators
and other customary production equipment for an individual well adjacent to the
wellhead. Any activities or construction relating to such operations shall not
be a basis for an exception under ORS 197.732 (1)(a) or (b).
(h) Operations for the exploration for minerals as defined by
ORS 517.750. Any activities or construction relating to such operations shall
not be a basis for an exception under ORS 197.732 (1)(a) or (b).
(i) A site for the disposal of solid waste that has been
ordered to be established by the Environmental Quality Commission under ORS
459.049, together with equipment, facilities or buildings necessary for its
operation.
(j) The breeding, kenneling and training of greyhounds for
racing.
(k) Climbing and passing lanes within the right of way existing
as of July 1, 1987.
(L) Reconstruction or modification of public roads and
highways, including the placement of utility facilities overhead and in the
subsurface of public roads and highways along the public right of way, but not
including the addition of travel lanes, where no removal or displacement of
buildings would occur, or no new land parcels result.
(m) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time as no longer
needed.
(n) Minor betterment of existing public road and highway
related facilities such as maintenance yards, weigh stations and rest areas,
within right of way existing as of July 1, 1987, and contiguous public-owned
property utilized to support the operation and maintenance of public roads and
highways.
(o) A replacement dwelling to be used in conjunction with farm
use if the existing dwelling has been listed in a county inventory as historic
property as defined in ORS 358.480.
(p) Seasonal farmworker housing as defined in ORS 197.675.
(q) Creation of, restoration of or enhancement of wetlands.
(r) A winery, as described in ORS 215.452.
(s) Farm stands, if:
(A) The structures are designed and used for the sale of farm
crops and livestock grown on farms in the local agricultural area, including
the sale of retail incidental items, if the sales of the incidental items make
up no more than 25 percent of the total sales of the farm stand; and
(B) The farm stand does not include structures designed for
occupancy as a residence or for activities other than the sale of farm crops
and livestock and does not include structures for banquets, public gatherings
or public entertainment.
(t) Alteration, restoration or replacement of a lawfully
established dwelling that:
(A) Has intact exterior walls and roof structure;
(B) Has indoor plumbing consisting of a kitchen sink, toilet
and bathing facilities connected to a sanitary waste disposal system;
(C) Has interior wiring for interior lights;
(D) Has a heating system; and
(E) In the case of replacement, is removed, demolished or
converted to an allowable nonresidential use within three months of the
completion of the replacement dwelling. A replacement dwelling may be sited on
any part of the same lot or parcel. A dwelling established under this paragraph
shall comply with all applicable siting standards. However, the standards shall
not be applied in a manner that prohibits the siting of the dwelling. If the
dwelling to be replaced is located on a portion of the lot or parcel not zoned
for exclusive farm use, the applicant, as a condition of approval, shall
execute and record in the deed records for the county where the property is
located a deed restriction prohibiting the siting of a dwelling on that portion
of the lot or parcel. The restriction imposed shall be irrevocable unless a
statement of release is placed in the deed records for the county. The release
shall be signed by the county or its designee and state that the provisions of
this paragraph regarding replacement dwellings have changed to allow the siting
of another dwelling. The county planning director or the director's designee
shall maintain a record of the lots and parcels that do not qualify for the siting
of a new dwelling under the provisions of this paragraph, including a copy of
the deed restrictions and release statements filed under this paragraph.
(u) A site for the takeoff and landing of model aircraft,
including such buildings or facilities as may reasonably be necessary.
Buildings or facilities shall not be more than 500 square feet in floor area or
placed on a permanent foundation unless the building or facility preexisted the
use approved under this paragraph. The site shall not include an aggregate
surface or hard surface area unless the surface preexisted the use approved
under this paragraph. As used in this paragraph, "model aircraft"
means a small-scale version of an airplane, glider, helicopter, dirigible or
balloon that is used or intended to be used for flight and is controlled by
radio, lines or design by a person on the ground.
(v) A facility for the processing of farm crops located on a
farm operation that provides at least one-quarter of the farm crops processed
at the facility. The building established for the processing facility shall not
exceed 10,000 square feet of floor area exclusive of the floor area designated
for preparation, storage or other farm use or devote more than 10,000 square
feet to the processing activities within another building supporting farm uses.
A processing facility shall comply with all applicable siting standards but the
standards shall not be applied in a manner that prohibits the siting of the
processing facility.
(2) The following nonfarm uses may be established, subject to
the approval of the governing body or its designee in any area zoned for
exclusive farm use subject to ORS 215.296:
(a) Commercial activities that are in conjunction with farm use
but not including the processing of farm crops as described in subsection
(1)(v) of this section.
(b) Operations conducted for:
(A) Mining and processing of geothermal resources as defined by
ORS 522.005 and oil and gas as defined by ORS 520.005 not otherwise permitted
under subsection (1)(g) of this section;
(B) Mining, crushing or stockpiling of aggregate and other
mineral and other subsurface resources subject to ORS 215.298;
(C) Processing, as defined by ORS 517.750, of aggregate into
asphalt or portland cement; and
(D) Processing of other mineral resources and other subsurface
resources.
(c) Private parks, playgrounds, hunting and fishing preserves
and campgrounds.
(d) Parks, playgrounds or community centers owned and operated
by a governmental agency or a nonprofit community organization.
(e) Golf courses.
(f) Commercial utility facilities for the purpose of generating
power for public use by sale.
(g) Personal-use airports for airplanes and helicopter pads,
including associated hangar, maintenance and service facilities. A personal-use
airport as used in this section means an airstrip restricted, except for
aircraft emergencies, to use by the owner, and, on an infrequent and occasional
basis, by invited guests, and by commercial aviation activities in connection
with agricultural operations. No aircraft may be based on a personal-use
airport other than those owned or controlled by the owner of the airstrip.
Exceptions to the activities permitted under this definition may be granted
through waiver action by the Department of Transportation in specific
instances. A personal-use airport lawfully existing as of September 13, 1975,
shall continue to be permitted subject to any applicable rules of the
Department of Transportation.
(h) Home occupations as provided in ORS 215.448.
(i) A facility for the primary processing of forest products,
provided that such facility is found to not seriously interfere with accepted
farming practices and is compatible with farm uses described in ORS 215.203
(2). Such a facility may be approved for a one-year period which is renewable.
These facilities are intended to be only portable or temporary in nature. The
primary processing of a forest product, as used in this section, means the use
of a portable chipper or stud mill or other similar methods of initial treatment
of a forest product in order to enable its shipment to market. Forest products,
as used in this section, means timber grown upon a parcel of land or contiguous
land where the primary processing facility is located.
(j) A site for the disposal of solid waste approved by the
governing body of a city or county or both and for which a permit has been
granted under ORS 459.245 by the Department of Environmental Quality together
with equipment, facilities or buildings necessary for its operation.
(k) One manufactured dwelling, or the temporary residential use
of an existing building, in conjunction with an existing dwelling as a
temporary use for the term of a hardship suffered by the existing resident or a
relative of the resident. Within three months of the end of the hardship, the
manufactured dwelling shall be removed or demolished or, in the case of an
existing building, the building shall be removed, demolished or returned to an
allowed nonresidential use. The governing body or its designee shall provide for
periodic review of the hardship claimed under this paragraph. A temporary
residence approved under this paragraph is not eligible for replacement under
subsection (1)(t) of this section.
(L) Transmission towers over 200 feet in height.
(m) Dog kennels not described in subsection (1)(j) of this
section.
(n) Residential homes as defined in ORS 197.660, in existing
dwellings.
(o) The propagation, cultivation, maintenance and harvesting of
aquatic or insect species. Insect species shall not include any species under
quarantine by the State Department of Agriculture or the United States
Department of Agriculture. The county shall provide notice of all applications
under this paragraph to the State Department of Agriculture. Notice shall be
provided in accordance with the county's land use regulations but shall be
mailed at least 20 calendar days prior to any administrative decision or
initial public hearing on the application.
(p) Construction of additional passing and travel lanes
requiring the acquisition of right of way but not resulting in the creation of
new land parcels.
(q) Reconstruction or modification of public roads and highways
involving the removal or displacement of buildings but not resulting in the
creation of new land parcels.
(r) Improvement of public road and highway related facilities,
such as maintenance yards, weigh stations and rest areas, where additional
property or right of way is required but not resulting in the creation of new
land parcels.
(s) A destination resort which is approved consistent with the
requirements of any statewide planning goal relating to the siting of a
destination resort.
(t) Room and board arrangements for a maximum of five unrelated
persons in existing residences.
(u) Operations for the extraction and bottling of water.
(v) Expansion of existing county fairgrounds and activities
directly relating to county fairgrounds governed by county fair boards
established pursuant to ORS 565.210.
(w) Expansion or
replacement of an existing facility for an animal shelter as defined in ORS
609.500, if the shelter is tax exempt pursuant to section 501(c)(3) of the
Internal Revenue Code as amended and in effect on January 1, 1999.
(3) Roads, highways and other transportation facilities and
improvements not allowed under subsections (1) and (2) of this section may be
established, subject to the approval of the governing body or its designee, in
areas zoned for exclusive farm use subject to:
(a) Adoption of an exception to the goal related to
agricultural lands and to any other applicable goal with which the facility or
improvement does not comply; or
(b) ORS 215.296 for those uses identified by rule of the Land
Conservation and Development Commission as provided in section 3, chapter 529,
Oregon Laws 1993.
SECTION 14b.
ORS 215.283, as amended by section 14a of this 1999 Act, is amended to read:
215.283. (1) The following uses may be established in any area
zoned for exclusive farm use:
(a) Public or private schools, including all buildings
essential to the operation of a school.
(b) Churches and cemeteries in conjunction with churches.
(c) The propagation or harvesting of a forest product.
(d) Utility facilities necessary for public service, except
commercial facilities for the purpose of generating power for public use by
sale and transmission towers over 200 feet in height.
(e) A dwelling on real property used for farm use if the
dwelling is:
(A) Located on the same lot or parcel as the dwelling of the
farm operator; and
(B) Occupied by a relative, which means grandparent,
grandchild, parent, child, brother or sister of the farm operator or the farm
operator's spouse, whose assistance in the management of the farm use is or
will be required by the farm operator.
(f) The dwellings and other buildings customarily provided in
conjunction with farm use.
(g) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as defined by
ORS 520.005, including the placement and operation of compressors, separators
and other customary production equipment for an individual well adjacent to the
wellhead. Any activities or construction relating to such operations shall not
be a basis for an exception under ORS 197.732 (1)(a) or (b).
(h) Operations for the exploration for minerals as defined by
ORS 517.750. Any activities or construction relating to such operations shall
not be a basis for an exception under ORS 197.732 (1)(a) or (b).
(i) A site for the disposal of solid waste that has been
ordered to be established by the Environmental Quality Commission under ORS
459.049, together with equipment, facilities or buildings necessary for its
operation.
(j) The breeding, kenneling and training of greyhounds for
racing.
(k) Climbing and passing lanes within the right of way existing
as of July 1, 1987.
(L) Reconstruction or modification of public roads and
highways, including the placement of utility facilities overhead and in the
subsurface of public roads and highways along the public right of way, but not
including the addition of travel lanes, where no removal or displacement of
buildings would occur, or no new land parcels result.
(m) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time as no longer
needed.
(n) Minor betterment of existing public road and highway
related facilities such as maintenance yards, weigh stations and rest areas,
within right of way existing as of July 1, 1987, and contiguous public-owned
property utilized to support the operation and maintenance of public roads and
highways.
(o) A replacement dwelling to be used in conjunction with farm
use if the existing dwelling has been listed in a county inventory as historic
property as defined in ORS 358.480.
(p) Seasonal farmworker housing as defined in ORS 197.675.
(q) Creation of, restoration of or enhancement of wetlands.
(r) A winery, as described in ORS 215.452.
(s) Farm stands, if:
(A) The structures are designed and used for the sale of farm
crops and livestock grown on farms in the local agricultural area, including
the sale of retail incidental items, if the sales of the incidental items make
up no more than 25 percent of the total sales of the farm stand; and
(B) The farm stand does not include structures designed for
occupancy as a residence or for activities other than the sale of farm crops
and livestock and does not include structures for banquets, public gatherings
or public entertainment.
(t) Alteration, restoration or replacement of a lawfully
established dwelling that:
(A) Has intact exterior walls and roof structure;
(B) Has indoor plumbing consisting of a kitchen sink, toilet
and bathing facilities connected to a sanitary waste disposal system;
(C) Has interior wiring for interior lights;
(D) Has a heating system; and
(E) In the case of replacement, is removed, demolished or
converted to an allowable nonresidential use within three months of the
completion of the replacement dwelling. A replacement dwelling may be sited on
any part of the same lot or parcel. A dwelling established under this paragraph
shall comply with all applicable siting standards. However, the standards shall
not be applied in a manner that prohibits the siting of the dwelling. If the
dwelling to be replaced is located on a portion of the lot or parcel not zoned
for exclusive farm use, the applicant, as a condition of approval, shall
execute and record in the deed records for the county where the property is
located a deed restriction prohibiting the siting of a dwelling on that portion
of the lot or parcel. The restriction imposed shall be irrevocable unless a
statement of release is placed in the deed records for the county. The release
shall be signed by the county or its designee and state that the provisions of
this paragraph regarding replacement dwellings have changed to allow the siting
of another dwelling. The county planning director or the director's designee
shall maintain a record of the lots and parcels that do not qualify for the
siting of a new dwelling under the provisions of this paragraph, including a
copy of the deed restrictions and release statements filed under this
paragraph.
(u) A site for the takeoff and landing of model aircraft,
including such buildings or facilities as may reasonably be necessary.
Buildings or facilities shall not be more than 500 square feet in floor area or
placed on a permanent foundation unless the building or facility preexisted the
use approved under this paragraph. The site shall not include an aggregate
surface or hard surface area unless the surface preexisted the use approved
under this paragraph. As used in this paragraph, "model aircraft"
means a small-scale version of an airplane, glider, helicopter, dirigible or
balloon that is used or intended to be used for flight and is controlled by
radio, lines or design by a person on the ground.
(v) A facility for the processing of farm crops located on a
farm operation that provides at least one-quarter of the farm crops processed
at the facility. The building established for the processing facility shall not
exceed 10,000 square feet of floor area exclusive of the floor area designated
for preparation, storage or other farm use or devote more than 10,000 square
feet to the processing activities within another building supporting farm uses.
A processing facility shall comply with all applicable siting standards but the
standards shall not be applied in a manner that prohibits the siting of the
processing facility.
(2) The following nonfarm uses may be established, subject to
the approval of the governing body or its designee in any area zoned for
exclusive farm use subject to ORS 215.296:
(a) Commercial activities that are in conjunction with farm use
but not including the processing of farm crops as described in subsection
(1)(v) of this section.
(b) Operations conducted for:
(A) Mining and processing of geothermal resources as defined by
ORS 522.005 and oil and gas as defined by ORS 520.005 not otherwise permitted
under subsection (1)(g) of this section;
(B) Mining, crushing or stockpiling of aggregate and other
mineral and other subsurface resources subject to ORS 215.298;
(C) Processing, as defined by ORS 517.750, of aggregate into
asphalt or portland cement; and
(D) Processing of other mineral resources and other subsurface
resources.
(c) Private parks, playgrounds, hunting and fishing preserves
and campgrounds.
(d) Parks, playgrounds or community centers owned and operated
by a governmental agency or a nonprofit community organization.
(e) Golf courses.
(f) Commercial utility facilities for the purpose of generating
power for public use by sale.
(g) Personal-use airports for airplanes and helicopter pads,
including associated hangar, maintenance and service facilities. A personal-use
airport as used in this section means an airstrip restricted, except for
aircraft emergencies, to use by the owner, and, on an infrequent and occasional
basis, by invited guests, and by commercial aviation activities in connection
with agricultural operations. No aircraft may be based on a personal-use airport
other than those owned or controlled by the owner of the airstrip. Exceptions
to the activities permitted under this definition may be granted through waiver
action by the Department of Transportation in specific instances. A
personal-use airport lawfully existing as of September 13, 1975, shall continue
to be permitted subject to any applicable rules of the Department of
Transportation.
(h) Home occupations as provided in ORS 215.448.
(i) A facility for the primary processing of forest products,
provided that such facility is found to not seriously interfere with accepted
farming practices and is compatible with farm uses described in ORS 215.203
(2). Such a facility may be approved for a one-year period which is renewable.
These facilities are intended to be only portable or temporary in nature. The
primary processing of a forest product, as used in this section, means the use
of a portable chipper or stud mill or other similar methods of initial
treatment of a forest product in order to enable its shipment to market. Forest
products, as used in this section, means timber grown upon a parcel of land or
contiguous land where the primary processing facility is located.
(j) A site for the disposal of solid waste approved by the
governing body of a city or county or both and for which a permit has been
granted under ORS 459.245 by the Department of Environmental Quality together
with equipment, facilities or buildings necessary for its operation.
(k) One manufactured dwelling, or the temporary residential use
of an existing building, in conjunction with an existing dwelling as a
temporary use for the term of a hardship suffered by the existing resident or a
relative of the resident. Within three months of the end of the hardship, the
manufactured dwelling shall be removed or demolished or, in the case of an
existing building, the building shall be removed, demolished or returned to an
allowed nonresidential use. The governing body or its designee shall provide
for periodic review of the hardship claimed under this paragraph. A temporary
residence approved under this paragraph is not eligible for replacement under
subsection (1)(t) of this section.
(L) Transmission towers over 200 feet in height.
(m) Dog kennels not described in subsection (1)(j) of this
section.
(n) Residential homes as defined in ORS 197.660, in existing
dwellings.
(o) The propagation, cultivation, maintenance and harvesting of
aquatic or insect species. Insect species shall not include any species under
quarantine by the State Department of Agriculture or the United States
Department of Agriculture. The county shall provide notice of all applications
under this paragraph to the State Department of Agriculture. Notice shall be
provided in accordance with the county's land use regulations but shall be
mailed at least 20 calendar days prior to any administrative decision or
initial public hearing on the application.
(p) Construction of additional passing and travel lanes
requiring the acquisition of right of way but not resulting in the creation of
new land parcels.
(q) Reconstruction or modification of public roads and highways
involving the removal or displacement of buildings but not resulting in the
creation of new land parcels.
(r) Improvement of public road and highway related facilities,
such as maintenance yards, weigh stations and rest areas, where additional
property or right of way is required but not resulting in the creation of new
land parcels.
(s) A destination resort which is approved consistent with the
requirements of any statewide planning goal relating to the siting of a
destination resort.
(t) Room and board arrangements for a maximum of five unrelated
persons in existing residences.
(u) Operations for the extraction and bottling of water.
(v) Expansion of existing county fairgrounds and activities
directly relating to county fairgrounds governed by county fair boards
established pursuant to ORS 565.210.
[(w) Expansion or
replacement of an existing facility for an animal shelter as defined in ORS
609.500, if the shelter is tax exempt pursuant to section 501(c)(3) of the
Internal Revenue Code as amended and in effect on January 1, 1999.]
(3) Roads, highways and other transportation facilities and
improvements not allowed under subsections (1) and (2) of this section may be
established, subject to the approval of the governing body or its designee, in
areas zoned for exclusive farm use subject to:
(a) Adoption of an exception to the goal related to
agricultural lands and to any other applicable goal with which the facility or
improvement does not comply; or
(b) ORS 215.296 for those uses identified by rule of the Land
Conservation and Development Commission as provided in section 3, chapter 529,
Oregon Laws 1993.
SECTION 15.
ORS 609.010 is amended to read:
609.010. [(1) As used in
ORS 609.140 to 609.190, "livestock" means ratites, psittacines,
horses, mules, jackasses, cattle, llamas, sheep, goats, swine, domesticated
fowl and any fur-bearing animal bred and maintained commercially or otherwise,
within pens, cages and hutches.]
[(2)] As used in ORS
609.040 to 609.110, any dog shall be considered "running at large"
when it is off or outside of the premises belonging to the owner or keeper of [such] the dog, or not in company of and under the control of its owner
or keeper.
SECTION 16.
ORS 609.015 is amended to read:
609.015. (1) ORS [609.010
to 609.190] 609.030 and 609.040 to
609.110 apply in every county except as otherwise provided by county
charter or ordinance. [The provisions of
ORS 609.010 to 609.190 shall not be construed to] ORS 609.030 and 609.040 to 609.110 do not limit the powers of
cities and counties to adopt ordinances and regulations[,] relating to the control of dogs.
(2) A county dog licensing and control program shall not apply
within the limits of a city [which] that has its own dog licensing and
control program.
SECTION 17.
ORS 609.090 is amended to read:
609.090. (1) When any dog is found running at large in any
county, precinct or city[, which] that is subject to ORS [609.010 to 609.190] 609.040 to 609.110 or when a dog is a public nuisance described by
ORS 609.095 [or 609.150], every chief
of police, constable, sheriff or deputy of either, or other police or dog
control officer shall impound it or cite the owner or keeper to court or do
both.
(2) All dogs taken up and 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.
(3) Unless claimed
by the owner, 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
owner of a dog before the dog is removed from impoundment. Unless the county
governing body provides otherwise, if the owner appears and redeems the dog,
the owner 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
owner shall also purchase a license and pay the applicable penalty for failure
to have a license. If no owner appears to redeem a dog within the allotted
time, or if the dog has been impounded as a public nuisance for killing or
injuring a person, it shall be killed in a humane manner.
(4) If in the
opinion of the dog control board or county governing body the dog is not
dangerous and can be safely kept, the board or governing body may release the
dog to a responsible person upon receiving assurance that the person will
properly care for the dog and not allow it to become a nuisance, 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 [609.010 to 609.190 and 609.405]
ORS 609.040 to 609.110.
[(3)] (5) Notwithstanding [the provisions of subsection (2)] subsections (2), (3) and (4) 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.
[(4)] (6) A board or county governing body
may provide for lesser fees or fines under this section for certain senior
citizens under certain circumstances.
SECTION 18.
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;
(c) Damages or destroys property of persons other than the
owner of the dog;
(d) Scatters garbage;
(e) Trespasses on private property of persons other than the
owner of the dog;
(f) Disturbs any person by frequent or prolonged noises; or
(g) Is a female in heat and running at large.
(2) The owner or keeper of a dog in a county subject to ORS [609.010 to 609.190] 609.030 and 609.040 to 609.110 shall not allow the dog to be a
public nuisance under subsection (1) of this section.
(3) Any person who has cause to believe a dog is being
maintained as a public nuisance may complain, either orally or in writing, to
the county. The complaint shall be considered sufficient cause for the county
to investigate the matter and determine if the owner or keeper of the dog is in
violation of subsection (2) of this section.
SECTION 19.
ORS 609.100 is amended to read:
609.100. (1) In a county having a dog control program under ORS
[609.010 to 609.190] 609.030, 609.040 to 609.110 and
609.405, every person owning or keeping any dog [which] 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 owner or keeper of the dog.[,
procure from the county in which the person resides, a license for the dog by
paying to the county a license fee provided,] However, [that] 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 609.040 to 609.110. A license fee shall not
be less than $9 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 taxed as inventory
under ORS 307.400, the fee for which shall not exceed $5 per dog.
(4) No license fee shall be required to be paid for any dog
owned by a blind person who uses it as a guide. A license shall be issued for
such dog upon the blind person's filing
of an affidavit with the county [an affidavit by the blind person]
showing [such] that the dog [to come] comes within this 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 owner or 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 owner or 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 owner or keeper of the dog transfers ownership or
possession 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 20.
ORS 609.155 is amended to read:
609.155. (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 [governing body] shall provide for the
administration of the tests by a licensed veterinarian.
(3)(a) After the
completion of [such] tests [as are] administered pursuant to
subsection (2) of this section and
allowing an opportunity for a hearing under section 3 of this 1999 Act, the
county [governing body] shall
determine whether the dog has been engaged in killing, wounding, injuring or
chasing livestock. If the county [governing
body] determines that the dog has been so engaged, [the dog shall be killed in a humane manner and costs of keeping and
testing of the dog during the impoundment shall be paid by the owner of the
dog.] the county shall take action
as provided under sections 5 and 6 of this 1999 Act. In addition to any action
taken under sections 5 and 6 of this 1999 Act, the county may require that the
dog owner pay the costs of keeping and testing the dog during impoundment.
If the county [governing body]
determines that the dog has not been [so]
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 [of] the dog during the impoundment.
(b) Notwithstanding ORS 609.090, a dog impounded pursuant to
subsection (1) of this section shall not be released until a determination is
made by the county [governing body]
pursuant to this subsection.
SECTION 21.
ORS 609.157 is amended to read:
609.157. For purposes of
ORS 609.140 to 609.190, a disputable presumption shall arise that a dog has
been engaged in killing, wounding, injuring or chasing livestock [within the meaning of ORS 609.140 and
609.155] 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 [is] are found on the teeth of the dog, unless the dog is regularly used
for the purpose of herding sheep.
SECTION 22.
ORS 609.160 is amended to read:
609.160. (1) [No] Except as provided under subsections (2)
and (3) of this section, a person [shall]
may not own, harbor or keep any dog
with knowledge that it has killed, [or] wounded [any] or injured
livestock within this state or, with
knowledge that, while off the premises owned or under the control of its owner
and while not acting under the direction of its master or the agents or
employees of such master, it has killed or seriously injured any person.
(2) A person is not
prohibited from owning, harboring or keeping a dog pursuant to a county
approved adoption or relocation of a dog under section 5 (1)(b) or (c) of this
1999 Act.
[(2)] (3) [However, no person shall be liable for] A person is not prohibited from owning, harboring or keeping [such] a dog, with knowledge that it has killed or wounded chickens,
unless the dog owner fails to pay
full damages for the [chickens]
killed or wounded chickens within
three days after receipt of a demand for [such] those damages from the owner of the chickens.
SECTION 23.
ORS 609.180 is amended to read:
609.180. All claims presented as provided by ORS 609.170 shall
be heard at the first regular session of the dog control board or county
governing body after their presentation, or as soon thereafter as may be
practicable. If the board or governing body determines that any livestock has
been damaged by being killed, wounded,
injured[,] or chased, [wounded or
killed,] it shall file and enter a record of the value of the livestock and
order a warrant drawn for the amount of damages thus found, or any portion
thereof that it considers just, to be paid by the county treasurer out of the
Dog License Fund. A livestock owner may refuse to accept the
tendered payment and may withdraw a claim filed under ORS 609.170. If [it]
the dog control board or county governing body considers the claim unjust,
it shall disallow [it] the claim and enter that fact upon its
record. [No] A claim [shall] may not be allowed where it appears
that the [injury or] damage
complained of was caused by a dog owned or controlled by the claimant or the
agent of the claimant.
SECTION 24.
ORS 609.190 is amended to read:
609.190. In each case where a claim against the Dog License Fund of any county has been
paid by the dog control board or county governing body, the county shall be
subrogated to all the rights of the
livestock owner [of the livestock
killed, wounded, chased or injured] against the dog owner [of the dog]
for damages. The district attorney shall proceed promptly, in a lawful way, to
collect [it] for those damages. Any money so collected shall be paid over
immediately to the treasurer of the county and credited to the Dog License Fund.
SECTION 25. Sections 2 to 9a and 11 of this 1999 Act
and the amendments to statutes by sections 15 to 21 of this 1999 Act apply to
dogs that are impounded beginning on or after the effective date of this 1999
Act for an incident occurring before, on or after the effective date of this
1999 Act that involves the killing, wounding, injuring or chasing of livestock.
SECTION 26. The amendments to ORS 215.283 by section
14b of this 1999 Act become operative January 1, 2002.
Approved by the Governor
July 19, 1999
Filed in the office of
Secretary of State July 19, 1999
Effective date October 23,
1999
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