2011 ORS § 609.167¹
Conversion of civil penalty into lien
  • disposition of proceeds

(1) Moneys collected from a dog owner under ORS 609.162 (Guidelines for imposing remedial measures, civil penalties or other sanctions) or 609.163 (Enhanced civil penalties for habitual violators) shall be deposited in the county treasury.

(2) A civil penalty under ORS 609.162 (Guidelines for imposing remedial measures, civil penalties or other sanctions) or 609.163 (Enhanced civil penalties for habitual violators) 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 ORS 609.162 (Guidelines for imposing remedial measures, civil penalties or other sanctions) or 609.163 (Enhanced civil penalties for habitual violators), 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 (County Clerk Lien Record) and 205.126 (Enforcement of order or warrant recorded in County Clerk Lien Record), and the order may be enforced as provided in ORS 205.125 (County Clerk Lien Record) and 205.126 (Enforcement of order or warrant recorded in County Clerk Lien Record).

(5) Imposition of a civil penalty under ORS 609.162 (Guidelines for imposing remedial measures, civil penalties or other sanctions) or 609.163 (Enhanced civil penalties for habitual violators) does not prevent the bringing of an action for damages under ORS 609.140 (Right of action by owner of damaged livestock) or 609.190 (Subrogation of county paying claim). 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 (Right of action by owner of damaged livestock) but not in an action under ORS 609.190 (Subrogation of county paying claim). [1999 c.756 §7]