Seizure of fighting dogs
- • procedure
(1) Pursuant to ORS 133.525 (Definitions for ORS 133.525 to 133.703) to 133.703 (Identity of informants), a judge may order the seizure of alleged fighting dogs owned, possessed or kept by any person.
(2) The judge issuing an order for the seizure of a dog as provided in subsection (1) of this section may require the dog to be impounded at an animal shelter if the judge believes it to be in the best interest of the animal and the public to so order. The governmental unit, the agency of which executes the seizure of the dog, shall be responsible for the costs of impoundment at the animal shelter, but the governmental unit is entitled to receive reimbursement of those costs from the owner, possessor or keeper of the impounded dog. If the owner, possessor or keeper of the dog is subsequently convicted of dogfighting under ORS 167.365 (Dogfighting), the court may order the defendant to pay the costs of animal shelter as restitution in the case.
(3) In lieu of ordering such dogs seized under subsection (1) of this section to be impounded at an animal shelter, the court may order the dogs impounded on the property of their owner, possessor or keeper. If dogs are ordered impounded on the property of their owner, possessor or keeper, the court shall order such person to provide all necessary care for the dogs and to allow regular and continuing inspection of the dogs by any persons designated by the court, or the agents of such persons. The court shall further order the person not to sell or otherwise dispose of any of the dogs unless the court authorizes such sale or disposition, or until the seized dogs are released as evidence by the law enforcement agency that seized them, or restored to the person by the court pursuant to an order under ORS 133.643 (Ground for motion for return or restoration of things seized). [1987 c.249 §4]
Note: See note under 167.360 (Definitions for ORS 167.360 to 167.375).
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