2015 ORS 609.155¹
Impoundment for harming or chasing livestock
  • determination of fact
  • costs

(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 shall provide for the administration of the tests by a licensed veterinarian.

(3)(a) After the completion of tests administered pursuant to subsection (2) of this section and allowing an opportunity for a hearing under ORS 609.158 (Hearing process), the county shall determine whether the dog has been engaged in killing, wounding, injuring or chasing livestock. If the county determines that the dog has been so engaged, the county shall take action as provided under ORS 609.162 (Guidelines for imposing remedial measures, civil penalties or other sanctions) and 609.163 (Enhanced civil penalties for habitual violators). In addition to any action taken under ORS 609.162 (Guidelines for imposing remedial measures, civil penalties or other sanctions) and 609.163 (Enhanced civil penalties for habitual violators), the county may require that the dog owner pay the costs of keeping and testing the dog during impoundment. If the county determines that the dog has not been 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 the dog during the impoundment.

(b) Notwithstanding ORS 609.090 (Impounding certain dogs), a dog impounded pursuant to subsection (1) of this section shall not be released until a determination is made by the county pursuant to this subsection. [1975 c.749 §4; 1977 c.802 §9; 1999 c.756 §20]

Notes of Decisions

"Injuring" livestock refers to situa­tion where there is no physical contact between dog and livestock but livestock damage results from dog's ac­tion. Roach v. Jackson County, 151 Or App 33, 949 P2d 1227 (1997), Sup Ct review denied

"Chasing" livestock does not require that dog have predatory intent or that livestock suffer damage as result. Roach v. Jackson County, 151 Or App 33, 949 P2d 1227 (1997), Sup Ct review denied

Chapter 609

Atty. Gen. Opinions

Possession and ad­min­is­tra­­tion of sodium pentobarbital by county animal control program, (1982) Vol 42, p 297


1 Legislative Counsel Committee, CHAPTER 609—Dogs; Exotic Animals; Dealers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors609.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 609, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano609.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.