Animal Control Regulations

612.01 DefinitionsAs used in this chapter, unless the context requires otherwise:

(a)  For purposes of General Definitions:

(1)  "Aggressive" describes behavior of a dog which has an avenue of escape yet crosses neutral territory to chase, attack, or bite.

(2)  "Aggressively bites" means to bite so as to break the skin and is accompanied by an attack where the dog exhibits behavior including, but not limited to any of the following: snarling, baring teeth, chasing, growling, snapping, pouncing, lunging, multiple attacks, multiple lunges, or multiple bites.

(3)  "Animal" means any non-human vertebrate with the exclusion of livestock as defined herein.

(4)  "Animal Control officer" means a Jackson County Animal Control Officer or deputy, or any Jackson County Sheriff's Deputy or Code Enforcement Officer performing the functions of a Jackson County Animal Control Officer.

(5)  "Board of Commissioners" means the Jackson County Board of Commissioners or its designee.

(6)  "Dangerous Dog" or "dangerous animal" means any dog or animal that has been found to have engaged in any of the following behaviors:

A.  Menacing, chasing, displaying threatening or aggressive behavior or otherwise threatening or endangering the safety of any person or companion animal as defined under ORS 164.055.

B.  Aggressively biting, causing physical injury to or killing any person or companion animal as defined under ORS 164.055.

C.  Chasing, wounding, injuring, killing livestock or damaging or destroying property of persons other than that of the keeper.

D.  Having been used as a weapon in the commission of a crime.

E.  Leaving the confines of any officially prescribed quarantine area.

(7)  "Director" means the department director or other designee determined by the County Administrator to be responsible for the animal control program.

(8)  "Dog" means any member of the canine family, including a wolf or wolf hybrid, which is domesticated, or which is kept or maintained in captivity by a keeper.

(9)  "Dog at large" or "animal at large" means a dog or animal that is off or outside of the premises occupied by the keeper of the dog or animal, or is not in the company of and under the control of the keeper.  "Dog at large" does not include:

A.  A dog used to legally hunt, chase, or tree wildlife while under the supervision of the keeper;

B.  The use of a dog:

1.  To control or protect livestock;

2.  For other activities related to agriculture; or

C.  A dog that is within any part of a vehicle.

(10)  "Euthanized" means put to death in a humane manner by a licensed veterinarian or certified euthanasia technician.

(11)  "Hearings officer" means the person with the authority to hear County Violation cases and impose penalties for County violations as defined and interpreted under state law, including any hearings on claims for livestock injured or killed by dogs in the County, and who can make determinations regarding payment pursuant to State law.  In addition to its ordinary meaning, "Hearings Officer" includes "Circuit Court" and "Justice Court" where necessary to effectuate this chapter.

(E. Ord 2003-29. Passed 10-15-03; P. Ord 2003-28. Passed 10-29-03.)

(12)  "Keeper" means a person who owns, possesses, controls, maintains, or otherwise has charge of a dog or other animal.

(13)  "Kennel" means an enclosure of sound structural strength in good repair capable of containing the dog enclosed and preventing the entrance of other keepers or people by means of a pad lock or key lock mechanism.  The structure shall be of the type as to protect the dog from the elements and provide for the humane confinement of the dog.

(14)  "Livestock" means ratites, psittacines, horses, mules, jackasses, cattle, llamas, sheep, goats, swine, and also means domesticated fowl and any fur bearing animal bred and maintained commercially or otherwise within pens, cages, and hutches.

(15)  "Menace" means to place a reasonable person in fear of imminent physical injury.

(16)  "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 keeper, includes, but is not limited to, the requirements set forth under ORS 167.310 (8)(a)-(e)(1999).

(17)  "Muzzle" means a device constructed of strong soft material or a metal muzzle that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.

(18)  "Owner" see "Keeper".

(19)  "Permit" means to engage in conduct that is intentional, deliberate, careless, inadvertent, or negligent in relationship to an animal.

(20)  "Person" means any natural person, association, partnership, firm, or corporation.

(21)  "Physical control device" means a collar or harness connected to a leash or tether made of chain links or other comparable material so as to prevent the escape of a dog by any manner.

(22)  "Physical injury" whether or not caused by actual physical contact with a dog or animal or dog or animal bite, includes but is not limited to, any abrasion, puncture, or laceration of skin or hide, fracture of bones, impairment of normal gait, or aborting of fetus while pertaining to any type of injury, physical pain, or indications of physical impairment.

(23)  "Secure enclosure" means a fenced pen, kennel, or structure which remains securely locked, and which has secure sides which are a minimum of 5 feet high.  The enclosure shall be designed in a manner which prevents the dog from menacing any public way, sidewalk, or adjoining property, and must be located so as not to interfere with the public's legal access to the keeper's property.  The structure must be in compliance with the jurisdiction's building codes and protect the dog from the elements and provide for the humane confinement of the dog.

(24)  "Serious physical injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery or any other medical condition determined by the Director, in consultation with the County Health Officer or his or her designee, to be of equal or greater severity, whether or not caused by actual physical contact with a dog or a dog bite.

(25)  "Sexually non-reproductive" means being incapable of reproduction and certified as such by a licensed veterinarian.

(26)  For the purpose of sections pertaining to Livestock:

A.  "Chasing" means causing livestock to move from a place or remain in a place involuntarily.

(Ord. 2001-2. Passed 5-23-01.)

(a) It is hereby declared that Jackson County is a dog control district pursuant to ORS 609.030 (1999). The Board of Commissioners elects to act as the Board of Supervisors of the Dog Control District.

(b) County animal control officers are code enforcement officers as described in JCC 203.01(b), with all the same powers and duties therein. In addition, County animal control officers shall have any additional powers and duties authorized by state law to enforce laws related to animal control and to enforce such related regulations as are imposed by County ordinance.

(c) County Animal Control Officers are designated as "peace officers" as that term is defined in ORS 161.015(4) only as it pertains specifically to the authority provided in ORS 167.345(1) and (2).

(d) County animal control officers shall be issued identification in the same manner as provided in JCC 203.01(b). County animal control officers shall carry such identification and display it upon request or as appropriate in the performance of duties.

(a) A keeper must have his/her dog licensed pursuant to the terms set forth in this chapter. The license must be obtained within 30 days of the dog obtaining the age of six months or within 30 days of acquisition by the keeper, whichever occurs later. An individual dog license is not required for any dog kept in a kennel described in JCC 844.01(a)(4) which has a permit under JCC Chapter 844.

(b) Violation of this section shall be subject to penalties provided under JCC 202.99 but under no circumstances will the fine be less than the penalty fee established from time to time by the Board of Commissioners.

License information/fees

(a)   All dog licenses issued pursuant to the terms of this chapter shall be valid for a period of one, two or three years from the date of issuance, at the option of the keeper. A current rabies inoculation shall be required for the entire licensing period selected.

(b)   Dog license tags shall be securely displayed upon the dog licensed at all times, except when the dog is confined to the keeper’s premises or displayed in an exhibition.

(c)   A dog license is not transferable to another dog. The dog license number shall be assigned to the dog and shall remain with the dog upon transfer to another keeper for the duration of the license period.

(d)   A dog displaying a current license from jurisdictions outside Jackson County, but within the State of Oregon, shall not require licensing under this section until the current license expires.  However, the keeper of a dog who has moved into Jackson County must register the dog with the County within 30 days of moving to Jackson County.

(e)   The keeper of a dog who has moved to Jackson County from another state shall have 30 days to meet licensing requirements.  A license from another state shall not be transferable to Jackson County.

(f)   Dog licenses may be sold in outpost locations by non-County personnel when authorized by a properly executed contract with the County to do so.

(Ord. 2001-2. Passed 5-23-01.)

(a) Dog license fees, penalty fees, impoundment and redemption fees, adoption fees, euthanasia fees and dead animal pick-up and drop-off fees and other related fees shall be as established from time to time by the Board of Commissioners. No license fee shall be required to be paid for guide dogs as provided for under ORS 609.105.
(b) The County Administrator or his/her designee may make refunds of official fees paid to the Animal Control Program upon the personally signed request of the head of such Program, which request shall contain the following information: License Fees

a) There is hereby established in and for the County an Animal Control Advisory Committee.

(b) The Animal Control Advisory Committee shall consist of seven members who shall each

serve for a term of three years. The Advisory Committee shall consist of:

(1) One member who is a sheep grower;

(2) One member nominated by the County Stockman’s Association;

(3) One member representing a local animal welfare organization to include but is not

limited to, Committed Alliance to Strays, Friends of the Animal Shelter, Southern Oregon

Humane Society and S.N.Y.P. (Spay and Neuter Your Pet);

(4) One member who has professional fish and wildlife management experience and

background;

(5) Two members qualified, in the judgment of the Board of County Commissioners, to

represent the interests of the general public;

(6) One member who is a veterinarian or other animal health care specialist.

(c) The members of the Advisory Committee shall serve without compensation; however, all

expenses necessarily incurred by the members of the Advisory Committee shall be paid from the

Animal Control Fund, subject to County review and budgetary limitations.

(d) The functions and responsibilities of the Animal Control Advisory Committee shall be to:

(1) Recommend to the Board of Commissioners, in a timely manner, policies concerning

dogs, cats, euthanasia, livestock, including strays, animal handling methods and control of

predators;

(2) Conduct studies into the need for control of predators and make recommendations to

the Board of Commissioners; and

(3) Perform such other duties as the Board of Commissioners may assign to it.

(Ord. 2001-2. Passed 5-23-01; Ord. 2007-24. Passed 9-12-07.)

2007

(a) Jackson County may operate, maintain or provide for a facility to receive, care for and confine animals delivered to its custody under the provisions of this Chapter, which facility shall be accessible to the public during reasonable hours for the conduct of necessary business concerning impounded animals. The Director shall have the authority to turn away any animal for which the County does not have adequate facilities to receive, care for or safely confine said animal.

(b) Any animal may be impounded and held at the facility when it is the subject of an alleged violation of law, a violation of the law, when an animal requires protective custody and care because of mistreatment or neglect by its keeper or when otherwise ordered impounded by a hearings officer, the Director, or a court. The cost of impounding and keeping the animal shall be the responsibility of the keeper of the animal.

(c) Impoundment is subject to the following holding period and notice requirements:

(1) A dog bearing a license or identification tag shall be held for 120 hours from the time of impoundment. A reasonable effort shall be made to notify the keeper of an animal before it is removed from impoundment.
(2) A dog for which no identification of ownership is known or reasonably determinable shall be held for 72 hours from the time of impoundment before any disposition may be made of the animal. The disposition of cats at large bearing no identification may be made at any time after impoundment.
(3) An animal held for periods prescribed under this section, or as otherwise required by ORS 433.340 through 433.390 (1999), and not redeemed by the keeper, shall be euthanized unless the animal may be released under another provision of this section.
(4) An animal delivered for impoundment by a peace officer, who removed the dog from possession of a person in the custody of the peace officer, shall be held for the period prescribed by Oregon law to effect notice of County Violation, possible penalties, and rights to a hearing. A receipt shall be given the peace officer, who shall deliver the receipt to the person in custody from whom the animal was taken. The receipt shall recite redemption requirements and shall serve as the notice required by this section. If the facility is closed when the peace officer delivers the dog, a receipt shall be prepared on the next business day and delivered to the person in custody from whom the dog was taken.

(d) If the County is not otherwise authorized to retain custody of an animal, any impounded animal shall be released to the keeper or keeper's authorized representative upon confirmed payment of the costs of impoundment and care, redemption fees, rabies vaccination deposits, license fees, past due fines, and all fees and deposits related to chasing livestock.

(e) An animal held for the prescribed period and abandoned or otherwise not redeemed by the keeper, and which, in the opinion of the Director, is neither dangerous nor in a dangerous condition of health and can be safely kept, may be released for adoption under the following conditions:

(1) The adoptive keeper shall agree in writing to properly care for the animal, not violate the County ordinances related to dogs or other animals, and that the animal is being adopted as a companion and will not be sold or given away for any other purpose;
(2) Payment of all fees will be set from time to time by the Board of Commissioners;
(3) In the case of a fertile dog or cat, a voucher will be provided to the keeper. The voucher will constitute partial pre-payment for veterinarian services to sterilize the dog or cat. The dollar amount for the voucher will be determined by policy and set by the Board of Commissioners;
(4) The adoptive keeper shall agree in writing to render any adopted dog or cat sexually non-reproductive within 30 days of adoption or upon the animal attaining six months of age, whichever occurs last. The keeper shall tender the voucher as partial payment to a veterinarian to render the dog or cat sexually non-reproductive. Failure to perform the agreement shall result in the voucher being voided and the County may require the return of the adopted dog or cat to the shelter. It is unlawful to fail to return an adopted animal as required by the County.

(f) The County may decline to release an animal for adoption under any of the following circumstances:

(1) The prospective adoptive keeper has a history of County Violation of this Chapter or has been convicted of an animal related crime;
(2) The prospective adoptive keeper has inadequate or inappropriate facilities for confining the animal or for providing proper care to the animal;
(3) The existence of other conditions which in the opinion of the Director would endanger the welfare of the animal or the health, safety and welfare of the people residing in Jackson County.

(g) Any failure or refusal to pay fees, penalties, or costs as provided for in this Chapter after 10 days from the date notice is posted at the Animal Shelter, is deemed abandonment of the impounded animal and the Animal Shelter shall retain the right to dispose of the animal as considered by the Director to be in the best interest of Jackson County.

(a) Animals declared by the owner or keeper to be wolf/dog hybrids must be licensed under this Chapter but will be exempt from the requirement for rabies vaccination. In the event that a rabies vaccine becomes licensed for use in wolf/dog hybrids, this exemption will be withdrawn. Except as otherwise provided in this Chapter, all other regulations contained within this Chapter apply to wolf/dog hybrids in the same manner as they apply to all other dogs.

(b) Any wolf/dog hybrid found to have bitten or physically injured a person is subject to standard testing as otherwise provided by State law for wild or exotic animals.

(c) Upon declaration or upon reasonable belief by the Director that an animal is a wolf or wolf/dog hybrid, the keeper shall be subject to the restrictions set forth in this chapter.

(1) The keeper may seek a hearing before the hearings officer to object to the subject animal's designation as a wolf or wolf/dog hybrid, and is subject to hearing rules and procedures as set forth under this Chapter.

(d) Wolf/dog hybrids shall be confined within an enclosure or kennel, which meets the requirements of subsection (e) herein, at all times when not on a strong, secure leash. The secure enclosure or kennel must be located so as to not interfere with the public's legal access to the keeper's property. No wolf/dog hybrid may be chained or tethered as a method of confinement.

(e) All secure enclosures or kennels which will be used to confine a wolf/dog hybrid must be inspected by the Director or his or her designee prior to housing a wolf/dog hybrid. The Director shall issue a written permit allowing occupancy of the secure enclosure or kennel by a wolf/dog hybrid, if said secure enclosure or kennel meets the requirements of subsection (e) herein. The Board of County Commissioners shall establish an appropriate fee for said inspection and permit.

(f) Any enclosure or kennel used to confine a wolf/dog hybrid must meet the following requirements:

(1) All outdoor and indoor facilities shall be constructed and maintained so as to provide sufficient space for each animal to make normal postural and social adjustments with freedom of movement; to keep the animals clean, dry and safe from injury; and to provide the animals ready access to clean water and wholesome food.
(2) All pens must have a floor constructed of concrete or shall have a heavy buried wire barrier sufficient to prevent the animals from digging out. All pens shall be of sufficient height or be covered with sufficient materials to prevent the animal from surmounting it.
(3) Outdoor facilities shall have an additional exterior fence surrounding the pen providing a minimum of a three foot barrier between the fence and pen. It shall be constructed of sufficient materials and height to prevent entry from the public.

(g) When outside of a secure enclosure or kennel, all wolf/dog hybrids must be harnessed and on a lead constructed of such material as to prevent its escape, and must be under the direct control of a capable person.

License fees
Current inspection fee is $100.00

(a) For the purposes of this section, the owner is ultimately responsible for the behavior of his or her dog regardless of whoever failed to prevent the dog to engage in the behavior that is the subject of the County Violation. If the keeper of a dog classified as Dangerous is a minor, the parent or guardian of that minor shall be responsible for compliance with the specifications of this Chapter for the care and housing of the dog.
(b) It is unlawful for a keeper to fail to prevent his/her dog from being a Dangerous Dog as defined by JCC 612.01(a)(6).
(1) Except as otherwise provided in this Chapter or as required under Oregon law, any dog that is found to be a "Dangerous Dog" can be euthanized, unless a hearing is requested pursuant to JCC 612.14 and the appropriate findings are made by the hearings officer pursuant to JCC 612.16 to 612.17. If the dog is not euthanized, the hearings officer may impose fines and other reasonable restrictions on the keeping of the dog.
(c) It is unlawful for a keeper to fail to prevent a dog from being a public nuisance. For purposes of this Chapter a "a public nuisance" means:
(1) A Dog at Large;
(2) A dog unreasonably causing annoyance, alarm or noise disturbance at any time of the day or night, by frequent or prolonged noises which may be heard beyond the boundary of the keeper's property;
(3) A dog trespassing on property of another;
(4) A dog leaving its feces on a public place or on property of another;
(d) It is unlawful for a keeper to:
(1) Leave an animal unattended for more than 24 consecutive hours without minimum care;
(2) Physically mistreat any animal either by abuse or neglect or failure to furnish minimum care;
(3) Permit an animal to be confined within or on a motor vehicle at any location under such conditions as may endanger the health or well-being of the animal, including but not limited to dangerous temperature, lack of food or water.
A. Any animal control officer or other law enforcement officer is authorized to remove any animal from a motor vehicle at any public location when the officer reasonably believes it is confined or carried in violation of this section. Any animal so removed shall be delivered to the animal control shelter after the removing officer leaves a written notice of the removal and delivery, including the officer's name, in a conspicuous, secure location on or within the vehicle.
B. No animal control officer or other law enforcement officer shall be held criminally liable for entering a vehicle to seize an animal, provided the officer acts lawfully and in good faith.
(e) It is unlawful for any person to:
(1) Fail to comply with any requirement of this Chapter which applies to the keeping of an animal or a Dangerous Dog;
(2) Harbor a Dangerous Dog without permission from either the Director, the hearings officer or the Court;
(3) Fail to produce an animal for quarantine or inspection by an animal control officer;
(4) To remove or attempt to remove an animal from impoundment without the proper authority to do so from either the Director, hearings officer, or the court.
(f) It is unlawful for any person to knowingly place food of any description containing poisonous or other injurious ingredients in any area reasonably likely to be accessible to animals, except as provided by law for nuisance, vector or predator control.

(a)   All County Violations under Chapter 612 shall be established by preponderance of the evidence.

(b)   A disputable presumption shall arise that a dog has been engaged in killing, injuring or chasing livestock as set forth under ORS 609.161 (1999).

(c)   A dog that is not at large that bites or causes physical injury to a person may not be considered a "Dangerous Dog" if the injured person, at the point of injury, was:

(1)   Wrongfully assaulting the dog or the dog’s keeper; or

(2)   Trespassing upon premises occupied by the dog’s keeper after the dog is provoked by that person; or

(3)   Negligently placing himself or herself in a circumstances that would reasonably cause a dog to bite.

(d)   A dog that is not at large that bites or injures or kills another animal may not be considered a "Dangerous Dog" if, at the time of the incident:

(1)   The dog was clearly provoked by the other animal; or

(2)   The other animal was a dog or animal at large; or

(3)   The other animal was trespassing upon premises occupied by the dog’s keeper.

(e)   A dog is not considered a "Dangerous Dog" if it is used for law enforcement purposes and is on duty, under the control of a law enforcement officer and acting pursuant to the instructions of the officer at the time it exhibits the behavior at issue.

(Ord. 2001-2. Passed 5-23-01.)

Whenever a County animal control officer has reasonable grounds to believe that an animal or the keeper is in violation of this Chapter, the officer shall be authorized to issue the keeper notice of County Violation, seize the animal, or both.
(b)   The notice of County Violation shall be served on the keeper of the animal in violation of this Chapter by personal service or by regular and certified mail.
(c)   The notice shall contain the following information:
(1)   The name and address, if known, of the person in violation of this Chapter and a description of the animal, if applicable;
(2)   The code section allegedly violated plus a brief descriptive statement of the nature of the County Violation;
(3)   A statement of the amount due as a civil fine for the County Violation and notice that the animal is to be impounded if impoundment is authorized hereunder;
(4)   A statement explaining all fines are due within 30 days of service of the notice;
(5)   A statement advising that if any civil fine is not timely paid, the failure to comply may lead to an increase of the original fine or additional fines;
(6)   A statement that the determination of County Violation is final unless appealed by filing a written notice of appeal including a fee, in an amount set by the Board of Commissioners, with the Director within 20 days of the date of the notice of County Violation was served; and
(7)   A statement that an admission of County Violation would be on record and could lead to the increase of a fine on any subsequent County Violation issued under this Chapter as provided for in JCC 612.99.
(Ord. 2001-2. Passed 5-23-01.)

Upon finding a dog engaged in activities as a Dangerous Dog or upon receipt from a complainant of evidence that a dog has been so engaged, the animal control officer or other law enforcement officer shall impound the dog. Unless otherwise required by State law, the impounding officer is required to give the keeper of the dog, if applicable, a copy of JCC 612.09 to 612.10, 612.14 to 612.20 or leave it at the last known address of the keeper. Unless otherwise required by State law, if the County Administrator has not received a request for hearing as provided for in JCC 612.14, the dog shall be killed in a humane manner on the third full business day after notice of impoundment of the dog.

(a)   Any party who is issued a notice of County Violation for any County Violation under this Chapter may, in lieu of requesting a hearing, admit the County Violation and submit the fine to the Director as stated on the notice of County Violation.   The party may attach a written explanation of mitigating circumstances with the payment of the fine.

(b)   Any written explanations submitted under subsection (a) herein shall be reviewed by the hearings officer. The hearings officer shall have discretion to reduce the submitted fine and refund any portion not retained based on the written explanation.

(c)   After considering the keeper’s explanation, animal control reports or any other credible evidence, the hearings officer retains discretion to request a hearing and notice reasonably calculated to apprise the violator of the possible additional conditions or restrictions to which either the violator or animal may be subject.   A hearing must be afforded to the parties not less than 14 days from the date that notice was sent by the hearings officer.

(d)   When a person is issued a notice of County Violation for violation of JCC 612.09(b), wherein the dog:

(1)   Menaced, injured, or kills a domestic animal; or

(2)   Damages or destroys property of another; or

(3)   Bites or causes physical injury to a person; or

(4)   Violates JCC 612.09(c)(2) or (3);  the County Violation may be compromised as provided in subsection (e) below.

(e)   If the person injured, damaged or otherwise detrimentally impacted by the commission of the County Violation acknowledges in writing any time before the final decision of the Director, hearings officer, or a court of requisite jurisdiction, that the person has received satisfaction for the injury, damage or detrimental impact, the Director, hearings officer or court may in their discretion, on payment of any cost or expense incurred, order the notice of County Violation dismissed.

(1)   The Director, hearings officer, or court when issuing an order to dismiss under this section, may impose additional conditions or requirements upon the party issued the County Violation, if in their determination the additional requirements are necessary to further protect the public health or safety.

(2)   Any condition or requirement imposed pursuant to this Chapter shall be complied with prior to the entry of the final order dismissing the notice of County Violation(s).

(Ord. 2001-2. Passed 5-23-01.)

(a)   The County shall provide an opportunity for the dog keeper to receive a hearing. Except for otherwise provided, the County will provide notice of the hearing to the keeper pursuant to Jackson County Chapter 203.

(b)   If a dog is impounded pursuant to JCC 612.12 or the keeper is cited pursuant to JCC 612.11, the keeper of the dog shall be entitled to a hearing, unless specifically required otherwise, as follows:

(1)   The keeper of the dog must request a hearing in writing and deliver the request to the County Administrator no later than 5:00 p.m. on the second full business day after the notice of the dog impoundment.   If the second business day after impoundment occurs on a Saturday, Sunday or County holiday, the hearing notice shall be filed with the County Administrator and the supervisor of the Animal Control facility on the first business day thereafter.   The hearing request shall include the telephone number and address of the keeper.  It must be accompanied with a payment in advance of the cost of boarding the dog for no less than 15 days.

(2)   The keeper of the dog shall be served with actual notice of the hearing not less than three (3) days prior to the hearing.  Actual notice may be accomplished by mailing the notice of hearing by certified or registered mail to the address listed on the request for hearing submitted by the keeper or by personal service.  In no event shall the hearing be commenced later than the 15th day after impoundment.

(3)   The hearing allowed for in this section shall be held pursuant to JCC 612.15 unless the keeper is subject to penalties prescribed under ORS 609.990(4), in which case Oregon criminal procedure laws shall apply.

(4)   The decision of the hearings officer shall be the final decision of the County and is not appealable to the Board of Commissioners.

(5)   If the keeper fails to make a first appearance on a citation for a County Violation, or fails to appear at any other subsequent time set for hearing or other appearance, and after the hearings officer considered the facts as presented, the hearings officer may enter judgment against the keeper and impose any penalty otherwise provided for in this Chapter.

(6)   Notwithstanding JCC 612.07(c)(3), the dog shall not be euthanized until a full hearing, and a resulting determination is final unless the keeper fails to appear at the time set for the hearing or other appearance.

(Ord. 2001-2. Passed 5-23-01.)

Unless otherwise specifically provided by law, hearings under this chapter will be performed pursuant to the procedures set forth under Jackson County ordinance governing administrative hearings.

(Ord. 2001-2. Passed 5-23-01.)

(a)If the hearings officer determines that a dog is a Dangerous Dog, the hearings officer will determine, based upon the facts established at the hearing, whether the dog shall be sentenced subject to any combination of restrictions, or sentenced to death, and penalize the keeper with fines, restrictions, and/or community service as set forth in JCC 612.18.

(b)The hearings officer may give deference to the animal control officers’ opinions as those opinions relate to the propensities, characteristics, and safety of the animal in question concerning issues of dangerousness.

(c)Except as otherwise provided in this Chapter, or if contrary to mandates set forth in State law, a presumptive death sentence is imposed against a dog when the Director or hearings officer finds any of the following that:

(1)The dog is "Dangerous" and caused serious physical injury or death to a person;

(2)The dog is "Dangerous" and caused serious physical injury or death to another animal not owned by the keeper;

(3)The dog committed two occurrences, whether arising out of the same incident or not, wherein the dog is found to be a "Dangerous Dog or Dangerous Animal" as defined under JCC 612.01(a)(6), or

(4)The dog is found to be a "Public Hazard." In order to make such a determination, the Director or hearings officer must answer each of the following questions in the affirmative:

A.Did the dog act aggressively?

B.If the dog was found to have been provoked, would a reasonable person find that the dog acted overly aggressively?

C.Will the dog likely continue to act aggressively without substantial human intervention?

(d)Notwithstanding the presumed sentencing described above, the Director or hearings officer shall have discretionary authority to impose requirements on the keeper of the dog in order to further the health, safety and welfare of the public which requirements may include, but not be limited to those restrictions set forth under JCC 612.18.

(e)Any decision in this section by the Director or hearings officer is a final decision of the County and can not be appealed to the Board of Commissioners.

(Ord. 2001-2. Passed 5-23-01.)

(a) In addition to sections otherwise provided, there is hereby adopted as County Law, Oregon State law ORS 609.156, 609.162, 609.163 and 609.168 and any regulations promulgated that are necessary for the implementation thereof.

(b) Unless otherwise required under Oregon Law:

(1) If at the conclusion of the hearing the hearings officer determines that the dog did not engage in the chasing of livestock, the dog shall be released to the keeper and any fees paid by the keeper shall be refunded. In such cases, if the dog was impounded upon receipt of evidence from a complainant, the hearings officer may require the complainant to pay the costs of keeping the dog during the impoundment.
(2) In any case where the citing officer or the Director based upon his/her investigation and review of such case determines there is insufficient evidence to establish the responsible party failed to prevent the dog from engaging in the wrongful behavior, the citing animal control officer or Director may, in lieu of issuing a notice of County Violation for violation of JCC 612.09(b), issue a notice of County Violation citing this subsection and specifically alleging that the dog is a "Public Hazard" under JCC 612.16(c)(4).
A. Any notice of County Violation issued pursuant to JCC 612.17(b)(2) shall not be subject to the imposition of a fine against the person cited but that person shall be subject to all other restrictions and conditions lawfully imposed by the Director or a hearings officer pursuant to JCC 612.18.
(3) Any dog found in violation of chasing, physically injuring or killing livestock that is not killed is subject to State law requirements for implantation of an identifying microchip and any keeper or intended recipient of the dog is responsible for paying all costs associated with such implantation before the dog is released from impoundment if it is impounded.

(a)The Director or hearings officer shall have the authority to determine whether any violation of chapter 612 warrants other restrictions and conditions be imposed on the party guilty of an County Violation in addition to the civil fine provided for in JCC 612.99. Such restrictions and conditions include but are not limited to:

(1)Adoption;

(2)Kenneling;

(3)Insurance;

(4)Restitution;

(5)Sterilization;

(6)Training;

(7)Community Service

(b)This determination may be based upon an investigation that includes observation of and testimony about the circumstances and the nature of the County Violation, the animal’s behavior, the keeper’s control of the animal, the care and treatment of the animal, and other relevant evidence as determined by the Director or hearings officer.  These observations and testimony can be provided by the County animal control officers or by other witnesses who personally observed the circumstances. They shall sign a written statement attesting to the observed circumstances and agree to provide testimony if necessary.

(c)The Director shall give the party guilty of a County Violation written notice by regular and certified mail or personal service of the hearings officer’s decision imposing a fine and any conditions or restrictions under this section and JCC 612.99.  This notice shall contain a brief explanation why the additional conditions and restrictions were imposed.  If the party wishes to challenge the hearings officer’s decision, the party may appeal, as provided under JCC 612.19.

(Ord. 2001-2. Passed 5-23-01.)

(a)Unless otherwise provided, judicial review under this chapter will only be permitted pursuant to the procedures set forth under ORS Chapter 34.010 to 34.102.

(b)All reasonable costs of animal impoundment and care incurred by the County during any period of review and/or appeal are payable to the County and must be paid before release if the animal can be released to any party.   Failure to make payments within 10 days of Jackson County’s published notice of payment due will be deemed abandonment of the impounded animal.

(1)Jackson County is not required to release an animal to the keeper until Jackson County is satisfied that payment for the animal’s release is complete and valid.

(Ord. 2001-2. Passed 5-23-01.)

This chapter shall be effective within all areas of this County except within the boundaries of any city which has by ordinance enacted its own dog control program, which conflict with the provisions of this chapter.

(Ord. 2001-2. Passed 5-23-01.)

The Jackson County hearings officer, the Justice Court of this County, and the Circuit Court of this State shall have concurrent jurisdiction for all violations of this chapter.

(Ord. 2001-2. Passed 5-23-01.)

(a)Pursuant to ORS 609.015(1) (1999), this Chapter supersedes enforcement in Jackson County of the following state statutes: ORS 609.010(1) and (3), 609.040, 609.060, 609.090, 609.093, 609.095, 609.097, 609.100 and 609.110 (1999).

(b)In any instance where this Chapter is in conflict with the provisions of ORS 609.135 through 609.190 (1999), the provisions of this Chapter shall prevail.

(c)Enforcement of ORS 433.340 through 433.390 (1999) shall be the responsibility of the Director. Such enforcement procedures shall comply with the state law and are not subject to the enforcement provisions of this Chapter.

(d)Under no circumstances are the provisions of this Chapter intended to supersede the provisions of ORS 167.310 through 167.388 (1999). In any instance where this Chapter is in conflict with the provisions of ORS 167.310 through ORS 167.388 (1999), the state statute shall prevail.

(Ord. 2001-2. Passed 5-23-01.)

If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by a court of competent jurisdiction, that portion shall be considered a separate, distinct and independent provision, and the holdings shall not affect the validity of the remaining portions of this Chapter.

(Ord. 2001-2. Passed 5-23-01.)

a)Violation of any provision under this Chapter, unless otherwise provided, is subject to penalties set forth under JCC 202.99.

(b)The law creating a County Violation may impose other penalties or remedies in addition to a fine set forth in Section 202.99.

(c)Enhanced Penalty.

(1)A person who has been convicted of JCC 612.09(b) within the 12-month period immediately prior to the date of occurrence underlying a conviction for a County Violation of this Chapter, is subject to a mandatory fine of not less than $200, nor more than $500. A person who has been convicted of two or more County Violations of JCC 612.09(b) within the 12-month period immediately prior to the date of occurrence underlying conviction for a County Violation of this Chapter, is subject to a mandatory fine of $500.
(2)A person who has been convicted of JCC 612.09(a), (b), (d), (e), or (f) prior to the date of occurrence underlying a conviction for any of the same County Violations, is subject to a mandatory fine of not less than $250, nor more than $1000. A person who has been convicted of two or more County Violations of JCC 612.09(a), (b), (d), (e), or (f) prior to the date of occurrence underlying conviction for any of the same County Violations of this Chapter, is subject to a mandatory fine of $1000 and not more than $5000.
(3)In addition to any other penalty under this section, if the subject dog found in violation of any County Violation in JCC 612.09 is not licensed as required, the keeper is subject to a penalty of not more than $1,000.

(d)In establishing the history of a dog for purposes of this Chapter, or the history of the keeper for purposes of this Chapter, the hearings officer shall consider all known determinations involving the dog or keeper by any court, or by a governing body, official or agencies, or state government, without regard to where or when the incident occurred.

(e)Late Payment Penalties. If a civil penalty is unpaid after 30 days, the fine then due shall be increased by 25% of the original amount; if the civil penalty is not paid after 60 days, the fine then due shall be increased by 50% of the original amount.

(f)Collection. At the discretion of the hearings officer, any civil penalty(ies) not paid within 30 days from the date of issuance of the notice of County Violation may be assigned to a collections agency for collection.

(g)Failure to Comply. The failure to comply with any conditions or restrictions lawfully imposed pursuant to a notice of County Violation or hearings officer's decision is a violation of this Chapter. Failure to pay the civil fine shall be a County Violation under this section. A notice of County Violation issued under this subsection for failure to comply or pay the civil fine shall be of the same classification as the original County Violation. The first notice of County Violation issued under this section shall not be construed as a second offense under this section.

(h)Except as provided in subsection (i) below, all enforcement actions under this section shall be brought before a hearings officer.

(i)Any enforcement action for a violation of Failure to Comply wherein the circumstances of the failure to comply by the party in violation are determined by the hearings officer to:

(1)Be a substantial risk to public safety;
(2)Be a substantial risk to the care and treatment of the subject animal(s); or
(3)Be a failure to pay past-due fines on three or more County Violations within a 12-month period; shall be brought in the state court as provided under ORS 203.810 (1999) and ORS 30.315 (1999).

844.01 Definitions.
844.02 Permit required; violation.
844.03 Permit application and issuance.
844.04 Compliance with Zoning Code and Comprehensive Plan required.
844.05 Permit fees; effective period.
844.06 Dogs at large.
844.07 Rabies inoculation; exemptions.
844.08 Permit display; records.
844.09 Individual dog licenses not required for kennel dogs.
844.10 Standards for operation.
844.11 Permit denial or revocation.
844.12 Appeals.
844.13 Disposal of animals after permit revocation.
844.14 Inspections.
844.99 Penalty.

CROSS REFERENCES
Rabies control - see ORS 433.345 et seq.
County control of dogs and rabies - see ORS 433.360 et seq., 609.015
Dog control districts - see ORS 609.030, 609.090, 609.100, 609.180
Dogs as nuisances - see ORS 609.090, 609.095, 609.097, 609.150
Licensing exemption for kennels - see ORS 609.100
Animals generally - see GEN. OFF. Ch. 610
Kennels 844.03 3

844.01 DEFINITIONS.
As used in this chapter:
(a) "Kennel" means a place of business or a facility, not including an animal hospital:
(1) In which dogs owned by persons other than the business or facility owner are given training, boarded, or groomed for profit or compensation; or
(2) Maintained by public or private funds which serves as a temporary shelter for holding lost, strayed, surrendered, or abandoned dogs and cats until disposition by redemption,
adoption, or euthanasia is made; or
(3) A facility which trains dogs as guides for the visually, physically, or hearing impaired;
or
(4) Which is maintained and operated as a business for breeding, buying, selling, or bartering of dogs and cats for profit or compensation.
(b) "Kennel permit" means a permit from the County Health and Human Services Department which indicates compliance with the rabies control provisions of ORS 433.365 and the animal care standards of OAR 603-15-030 to 060.
(E. Ord. 85-8. Passed 6-19-85; P. Ord. 85-7. Passed 6-19-85; Ord 94-23. Passed 6-8-94.)

844.02 PERMIT REQUIRED; VIOLATION.
(a) No person shall own or operate a kennel for which a kennel permit has not been issued.
(b) Any kennel described in Section 844.01 of this chapter which operates without a permit as required by this section is in violation of this chapter and is subject to penalty under Section
844.99.
(E. Ord. 85-8. Passed 6-19-85; P. Ord. 85-7. Passed 6-19-85; Ord. 94-23. Passed 6-8-94.)

844.03 PERMIT APPLICATION AND ISSUANCE.
An application for a kennel permit shall be submitted on forms provided by the Jackson County Health and Human Services Department, Animal Control Program. The Program staff shall inspect the kennel for compliance with the requirements of this chapter, except that any kennel which has been inspected and approved by the United States Department of Agriculture, Animal and Plant Inspection Service, shall be deemed to comply with all the standards of Section 844.04 BUSINESS REGULATION AND TAXATION CODE 4 applicable ordinances, regulations, or statutes.
(E. Ord. 85-8. Passed 6-19-85; P. Ord. 85-7. Passed 6-19-85; Ord. 94-23. Passed 6-8-94.)

844.04 COMPLIANCE WITH ZONING CODE AND COMPREHENSIVE PLAN REQUIRED.
No kennel permit will be issued until proof is submitted by the applicant that the location and operation of the kennel are in compliance with the Jackson County Land Development Ordinance and Comprehensive Plan, or any other pertinent zoning laws and land use regulations for any city within the county.
(E. Ord. 85-8. Passed 6-19-85; P. Ord. 85-7. Passed 6-19-85; Ord. 94-23. Passed 6-8-94.)

844.05 PERMIT FEES; EFFECTIVE PERIOD.
Each kennel permit shall be issued for the period of the fiscal year from July 1 until June 30 of the calendar year next following, and there shall be charged an annual fee in the amount set by order of the Board of Commissioners.

A fee for a full year shall be paid at the time of application,
except as provided in this section. Any kennel opening for the first time after December 31 of the fiscal year shall, for the first year's permit, pay not more than one-half the year's fee. Application fees for an existing kennel permit renewal shall be due no later than July 31 of each year.

Application renewals received August 1 through August 31 of the same year will be charged a late fee in an amount to be set by the Board of Commissioners. Applications received after August 31 of the same year will be charged an additional late fee in a monthly amount set by the Board of Commissioners for any portion of the month the permit was not renewed.
(E. Ord. 85-8. Passed 6-19-85; P. Ord. 85-7. Passed 6-19-85; Ord 94-23. Passed 6-8-94.)

844.06. DOGS AT LARGE.
If any dog maintained under a kennel permit under this chapter is found at large or out of the confines of the kennel structure or designated exercise area, the dog may be dealt with as an unlicensed dog, subject to fines, penalties, and licensing requirements applicable to such dogs.
(E. Ord. 85-8. Passed 6-19-85; P. Ord. 85-7. Passed 6-19-85; Ord 94-23. Passed 6-8-94.)

844.07. RABIES INOCULATION; EXEMPTIONS.
Dogs maintained in kennels as defined under Section 844.01(a)(4) are exempt from proof of inoculation against rabies as long as such dogs are confined to a kennel structure as defined in Kennels 844.10 5
844.10(b). Any dog permitted outside of the confines of the kennel structure must have proof of inoculation against rabies.
(E. Ord. 85-8. Passed 6-19-85; P. Ord. 85-7. Passed 6-19-85; Ord. 94-23. Passed 6-8-94.)

844.08. PERMIT DISPLAY; RECORDS.
A kennel permit shall be displayed in a readily visible location on all kennel premises. In addition, the operator of any such kennel shall keep available for inspection upon request by the Animal Control Program records of:
(a) The name, address, and telephone number of the owner of each animal kept at the kennel; and
(b) All sales of animals, pursuant to OAR 603-15-050(1).
(E. Ord. 85-8. Passed 6-19-85; P. Ord. 85-7. Passed 6-19-85; Ord 94-23. Passed 6-8-94.)

844.09 INDIVIDUAL DOG LICENSES NOT REQUIRED FOR KENNEL DOGS.
The individual dog license required by ORS 609.100(1) is not required for any dog kept in a kennel described in Section 844.01(a)(4) which has a permit under this chapter.
(E. Ord. 85-8. Passed 6-19-85; P. Ord. 85-7. Passed 6-19-85; Ord 94-23. Passed 6-8-94.)

844.10 STANDARDS FOR OPERATION.
Every kennel with a permit pursuant to this chapter shall conform to the following standards:
(a) Those standards for indoor and outdoor facilities and health and husbandry practices as specified in OAR 603-15-040, 603-15-045, and 603-15-050;
(b) The kennel structure and floor shall be sound and maintained in good repair to protect animals from injury, to safely confine the animals kept therein, to prevent entry of other animals, and to allow each animal to stand, sit, lie, and turn about freely and comfortably;
(c) If dog houses with chains are used as primary enclosures for dogs kept outdoors, the chains used shall be placed or attached such that they cannot become entangled with the chains of the other dogs or any other object. Such chains shall be of a type commonly used for the size dog involved and shall be at least three times the length of the dog as measured from the tip of its nose to the base of its tail and shall allow the dog convenient access to the dog house;
(d) The kennel shall have an adequate and potable water supply for all animals;
(e) Storage of food supplies and bedding materials shall be designed to prevent infestation by vermin. Refrigeration shall be furnished for perishable foods;
(f) Disposal facilities, in addition to being operated so as to minimize vermin infestation, odors, and disease hazards, shall comply with applicable Federal, State, and local laws and regulations relating to pollution control and the protection of the environment. Included is the removal and disposal of animal and food waste, bedding, dead animals, trash, and debris;
(g) Clean up agents and water shall be available to animal caretakers and handlers;
(h) Proper and healthy temperatures shall be maintained at all times for animals in the kennel. Adequate ventilation
shall be maintained to provide a fresh air supply and to minimize drafts, odors, and moisture condensation;
(i) Interior areas shall have adequate natural or artificial lighting;
(j) Interior building surfaces shall be so constructed and maintained so as to prevent moisture penetration and allow easy sanitization;
(k) Drainage facilities shall be available to assure rapid elimination of excess water from indoor housing facilities. The design shall assure obstruction-free flow and traps to prevent sewage backflow;
(l) Outdoor facilities shall provide protected shading and adequate shelter against cold, wind, precipitation, and inclement weather;
(m) Fire extinguishers of the correct type and in adequate numbers shall be available;
(n) Dogs shall be fed at least once daily with a diet of nutritionally adequate and uncontaminated food. Clean water shall be continuously available unless otherwise recommended by a veterinarian;
(o) Animal waste shall be removed at least once daily and more often if necessary;
(p) Cages, rooms, hard surface pens, and runs, shall be sanitized at least once weekly to prevent disease. Animals shall be removed from the enclosure during the cleaning process and adequate care shall be taken to protect the animals in other enclosures. Before any animal new to the facility is introduced to empty enclosures that were previously occupied, such enclosures shall be sanitized;
(q) All sick or diseased animals shall be isolated; and
Kennels 844.14 7
(r) An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained.
(E. Ord. 85-8. Passed 6-19-85; P. Ord. 85-7. Passed 6-19-85; Ord. 94-23. Passed 6-8-94.)

844.11 PERMIT DENIAL OR REVOCATION.
A kennel permit required by this chapter may be denied or revoked by the Animal Control Program for any of the following reasons:
(a) Failure to comply with any provision of this chapter;
(b) Conviction of the owner, or of any person subject to his or her direction or control, for a violation of any provision of this chapter or any other applicable State or Federal law, rule, order, or regulation pertaining to any activity relating to the humane treatment of animals; or (c) Furnishing false information on the application for a kennel permit.
(E. Ord. 85-8. Passed 6-19-85; P. Ord. 85-7. Passed 6-19-85; Ord. 94-23. Passed 6-8-94.)

844.12 APPEALS.
Denial or revocation of a kennel permit may be appealed by filing a notice of appeal with the County Administrator within twenty days after the date of such denial or revocation. The Board shall hold a hearing on the appeal and may affirm, reverse, or modify the decision of the Animal Control Program. Denial or revocation of a kennel permit is a contested case and shall be heard according to the rules provided for contested cases in ORS Chapter 183.
(E. Ord. 85-8. Passed 6-19-85; P. Ord. 85-7. Passed 6-19-85; Ord. 94-23. Passed 6-8-94.)

844.13 DISPOSAL OF ANIMALS AFTER PERMIT REVOCATION.
The operator of any kennel whose permit is revoked shall dispose of all animals in the kennel within ten days after the revocation becomes final. The revocation becomes final either by affirmance of appeal or by not taking an appeal. Disposal shall be by sale, transfer to a licensed kennel, or humane destruction.
(E. Ord. 85-8. Passed 6-19-85; P. Ord. 85-7. Passed 6-19-85; Ord. 94-23. Passed 6-8-94.)

844.14 INSPECTIONS.
Any kennel with a permit pursuant to this chapter, including any kennel exempt from fees, and any records pertaining to ownership of animals kept within the kennel during the past three years 844.99 BUSINESS REGULATION AND TAXATION CODE 8 or to the number of dogs kept within the kennel during the prior three years, shall be subject to inspection by a representative of the Animal Control Program at any reasonable time, without notice. The person operating the kennel shall permit access to all parts of the establishment.
(E. Ord. 85-8. Passed 6-19-85; P. Ord. 85-7. Passed 6-19-85; Ord 94-23. Passed 6-8-94

844.99 PENALTY.
Any kennel operating for up to three months without a permit is subject to a five hundred dollar ($500.00) fine. Each month of operation thereafter without a permit is a separate violation.
(Ord. 94-23. Passed 6-8-94.)

Kennel and Pet Store Application - Download and print a Kennel or Pet Store application.

167.310 Definitions for ORS 167.310 to 167.350. 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.
(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.

[1985 c.662 s1; 1995 c.663 s3]

167.312 Research and animal interference.

(1) A person commits the crime of research and animal interference if the person knowingly does any of the following.

(a) Releases, steals or otherwise causes the death, injury or loss of any animal at or from an animal research facility, other than death, injury or loss incurred during or as the result of legitimate animal medical research and experimentation.
(b) Damages, vandalizes or steals any property in or on an animal research facility for the purpose of damaging, destroying or delaying animal medical research or experimentation.
(c) Obtains access to an animal research facility by misrepresentation for the purpose of performing acts not authorized by that facility.
(d) Enters an animal research facility to destroy, alter, duplicate or obtain unauthorized possession of records, data, materials, equipment or animals.
(e) Obtains or exerts unauthorized control over records, data, materials, equipment or animals of any animal research facility for the purpose of using, concealing, abandoning or destroying such records, data, materials, equipment or animals.
(f) Possesses or uses equipment or animals that the person reasonably believes have been obtained by theft or deception from an animal research facility or without the authorization of an animal research facility.
(2) For the purposes of this section, [animal research facility] means any facility engaging in legal scientific or agricultural research or teaching involving the use of animals.
(3) Research and animal interference is a Class C felony.
(4) In addition to any other penalty imposed for violation of this section, a person convicted of such violation is liable:

(a) To the owner of the animal for damages, including the costs of restoring the animal to confinement and to its health condition prior to commission of the acts constituting the violation;
(b) For damages to real and personal property caused by acts constituting the violation; and
(c) The costs of repeating an experiment, including the replacement of the animals, labor and materials, if acts constituting the violation cause the failure of an experiment.

[1991 c.843 s2]

167.315 Animal abuse in the second degree.

(1) A person commits the crime of animal abuse in the second degree if, except as otherwise authorized by law, the person intentionally, knowingly or recklessly causes physical injury to an animal.
(2) Any practice of good animal husbandry is not a violation of this section.
(3) Animal abuse in the second degree is a Class B misdemeanor.
[1985 c.662 s2]

 

167.320 Animal abuse in the first degree.

(1) A person commits the crime of animal abuse in the first degree if, except as otherwise authorized by law, the person intentionally, knowingly or recklessly:

(a) Causes serious physical injury to an animal; or
(b) Cruelly causes the death of an animal.

(2) Any practice of good animal husbandry is not a violation of this section.
(3) Animal abuse in the first degree is a Class A misdemeanor.
[1985 c.662 s3]

167.322 Aggravated animal abuse in the first degree.

(1) A person commits the crime of aggravated animal abuse in the first degree if the person:

(a) Maliciously kills an animal; or
(b) Intentionally or knowingly tortures an animal.

(2) Aggravated animal abuse in the first degree is a Class C felony.
(3) As used in this section, "maliciously" means intentionally acting with a depravity of mind and reckless and wanton disregard of life.
[1995 c.663 s2]

167.325 Animal neglect in the second degree.

(1) A person commits the crime of animal neglect in the second degree if, except as otherwise authorized by law, the person intentionally, knowingly, recklessly or with criminal negligence fails to provide minimum care for an animal in such person's custody or control.
(2) Animal neglect in the second degree is a Class B misdemeanor.
[1985 c.662 s4]

 

167.330 Animal neglect in the first degree.

(1) A person commits the crime of animal neglect in the first degree if, except as otherwise authorized by law, the person intentionally, knowingly, recklessly or with criminal negligence:

(a) Fails to provide minimum care for an animal in such person's custody or control; and
(b) Such failure to provide care results in serious physical injury or death to the animal.

(2) Animal neglect in the first degree is a Class A misdemeanor. BR>[1985 c.662 s5]

167.335 Exemption from ORS 167.315 to 167.330.

Unless gross negligence can be shown, the provisions of ORS 167.315 to 167.330 shall not apply to:
(1) The treatment of livestock being transported by owner or common carrier;
(2) Animals involved in rodeos or similar exhibitions;
(3) Commercially grown poultry;
(4) Animals subject to good animal husbandry practices;
(5) The killing of livestock according to the provisions of ORS 603.065;
(6) Animals subject to good veterinary practices as described in ORS 686.030;
(7) Lawful fishing, hunting and trapping activities;
(8) Wildlife management practices under color of law; and
(9) Lawful scientific or agricultural research or teaching that involves the use of animals.
[1985 c.662 s6; 1995 c.663 s4]

 

167.340 Animal abandonment.

(1) A person commits the crime of animal abandonment if the person intentionally, knowingly, recklessly or with criminal negligence leaves a domesticated animal at a location without providing for the animal's continued care.
(2) It is no defense to the crime defined in subsection (1) of this section that the defendant abandoned the animal at or near an animal shelter, veterinary clinic or other place of shelter if the defendant did not make reasonable arrangements for the care of the animal.
(3) Animal abandonment is a Class C misdemeanor.
[1985 c.662 s8]

 

167.345 Authority to enter premises; search warrant; notice of impoundment of animal.

(1) If there are exigent circumstances and probable cause to believe that any animal is being impounded or confined without minimum care for more than 24 consecutive hours, without medical cause, a peace officer, as defined in ORS 161.015, may enter the premises where the animal is being held and provide the animal with water, food or emergency on-site first aid treatment. The peace officer shall not be liable for any damages for such entry, unless the damages were caused by the unnecessary actions of the peace officer that were intentional or reckless.
(2) If there is probable cause to believe that any animal is being subjected to treatment in violation of ORS 167.315 to 167.340, a peace officer, after obtaining a search warrant in the manner authorized by law, may enter the premises where the animal is being held, provide food and water and impound such animal. If after reasonable search the owner or person having custody of such animal cannot be found and notified of the impoundment, such notice shall be conspicuously posted on such premises and within 72 hours after the impoundment such notice shall be sent by certified mail to the address, if any, at which the animal was impounded.
(3) A court may order an animal impounded under subsection (2) of this section to be held at any animal care facility in the state. A facility receiving the animal shall provide adequate food and water and may provide veterinary care.
[Formerly 167.860; 1993 c.519 s1; 1995 c.663 s5]

 

167.347 Forfeiture of animal to animal care agency prior to disposition of criminal charge.

(1) If any animal is impounded pursuant to ORS 167.345 (2) and is being held by a county animal shelter or other animal care agency pending outcome of criminal action charging a violation of ORS 167.310 to 167.340, prior to final disposition of the criminal charge, the county or other animal care agency may file a petition in the criminal action requesting that the court issue an order forfeiting the animal to the county or other animal care agency prior to final disposition of the criminal charge. The petitioner shall serve a true copy of the petition upon the defendant and the district attorney.
(2) Upon receipt of a petition pursuant to subsection (1) of this section, the court shall set a hearing on the petition. The hearing shall be conducted within 14 days of the filing of the petition, or as soon as practicable.
(3)

(a) At a hearing conducted pursuant to subsection (2) of this section, the petitioner shall have the burden of establishing probable cause to believe that the animal was subjected to abuse, neglect or abandonment in violation of ORS 167.310 to 167.340. If the court finds that probable cause exists, the court shall order immediate forfeiture of the animal to the petitioner, unless the defendant, within 72 hours of the hearing, posts a security deposit or bond with the court clerk in an amount determined by the court to be sufficient to repay all reasonable costs incurred, and anticipated to be incurred, by the petitioner in caring for the animal from the date of initial impoundment to the date of trial.
(b) Notwithstanding paragraph (a) of this subsection, a court may waive for good cause shown the requirement that the defendant post a security deposit or bond.

(4) If a security deposit or bond has been posted in accordance with subsection (3) of this section, and the trial in the action is continued at a later date, any order of continuance shall require the defendant to post an additional security deposit or bond in an amount determined by the court that shall be sufficient to repay all additional reasonable costs anticipated to be incurred by the petitioner in caring for the animal until the new date of trial.
(5) If a security deposit or bond has been posted in accordance with subsection (4) of this section, the petitioner may draw from that security deposit or bond the actual reasonable costs incurred by the petitioner in caring for the impounded animal from the date of initial impoundment to the date of final disposition of the animal in the criminal action.
(6) The provisions of this section are in addition to, and not in lieu of, the provisions of ORS 167.350.
[1995 c.369 s2]
Note: 167.347 and 167.348 were added to and made a part of ORS chapter 167 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

167.348 Placement of forfeited animal; preference.
If an animal is forfeited according to the provisions of ORS 167.347 or 167.350, in placing the animal with a new owner, the agency to which the animal was forfeited shall give placement preference to any person or persons who had prior contact with the animal, including but not limited to family members and friends of the former owner whom the agency determines are capable of providing necessary, adequate and appropriate levels of care for the animal.
[1995 c.369 s3] Note: See note under 167.347.

 

167.350 Forfeiture of rights in mistreated animal; costs; disposition of animal.
(1) In addition to and not in lieu of any other sentence it may impose, a court may require a defendant convicted under ORS 167.315 to 167.330 and 167.340 to forfeit any rights of the defendant in the animal subjected to abuse, neglect or abandonment, and to repay the reasonable costs incurred by any person or agency prior to judgment in caring for each animal subjected to abuse, neglect or abandonment. (2) When the court orders the defendant's rights in the animal to be forfeited, the court may further order that those rights be given over to an appropriate person or agency demonstrating a willingness to accept and care for the animal or to the county or an appropriate animal care agency for further disposition in accordance with accepted practices for humane treatment of animals. This subsection shall not constitute or authorize any limitation upon the right of the person or agency to whom rights are granted to resell or otherwise make disposition of the animal. A transfer of rights under this subsection constitutes a transfer of ownership.
(3) In addition to and not in lieu of any other sentence it may impose, a court may order the owner or person having custody of an animal to repay the reasonable costs incurred by any person or agency in providing water, food or first aid treatment under ORS 167.345 (1).
(4) A court may order a person convicted under ORS 167.315 to 167.330 and 167.340 to participate in available animal cruelty prevention programs or education programs, or both, or to obtain psychological counseling for treatment of mental health disorders that, in the court's judgment, contributed to the commission of the crime. The person shall bear any costs incurred by the person for participation in counseling or treatment programs under this subsection.
[Formerly 167.862; 1993 c.519 s2; 1995 c.663 s6]

 

167.352 Interfering with assistance, search and rescue or therapy animal.
(1) A person commits the crime of interfering with an assistance, a search and rescue or a therapy animal if the person intentionally or knowingly:

(a) Injures or attempts to injure an animal the person knows or reasonably should know is an assistance animal, a search and rescue animal or a therapy animal;
(b) Interferes with an assistance animal while the assistance animal is being used to provide assistance to a physically impaired person; or
(c) Interferes with a search and rescue animal or a therapy animal while the animal is being used for search and rescue or therapy purposes.

(2) As used in this section, (assistance animal) and (physically impaired person) have the meanings given those terms in ORS 346.680.
(3) As used in this section and ORS 30.822:

(a) (Search and rescue animal) means that the animal has been professionally trained for, and is actively used for, search and rescue purposes.
(b) (Therapy animal) means that the animal has been professionally trained for, and is actively used for, therapy purposes.

(4) Interfering with an assistance, a search and rescue or a therapy animal is a Class A misdemeanor.
[1993 c.312 s3]

Note: 167.352 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

167.355 Involvement in animal fighting.
(1) A person commits the crime of involvement in animal fighting if the person:

(a) Owns or trains an animal with the intention that the animal engage in an exhibition of fighting; or
(b) Promotes, conducts, participates in or is present as a spectator at an exhibition of fighting or preparations thereto; or
(c) Keeps or uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to any place kept or used for the purpose of an exhibition of fighting; or
(d) Knowingly suffers or permits any place over which the person has possession or control to be occupied, kept or used for the purpose of an exhibition of fighting.

(2) For purposes of this section:

(a) "Animal" means any bird, reptile, amphibian, fish or nonhuman mammal, other than a dog.
(b) "Exhibition of fighting" means a public or private display of combat between two or more animals in which the fighting, killing, maiming or injuring of animals is a significant feature. "Exhibition of fighting" does not include demonstrations of the hunting or tracking skills of an animal or the lawful use of animals for hunting, tracking or self-protection.

(3) Nothing in this section applies to or prohibits any customary practice of breeding or rearing game cocks even though those cocks may be subsequently used in cock fighting exhibitions outside the State of Oregon.
(4) Involvement in animal fighting is a Class A misdemeanor.
[Formerly 167.865; 1987 c.249 s6]

167.360 Definitions for ORS 167.360 to 167.380. As used in ORS 167.360 to 167.380:
(1) "Dogfight" means a fight, arranged by any person, between two or more dogs the purpose or probable result of which fight is the infliction of injury by one dog upon another.
(2) "Fighting dog" means a dog that is intentionally bred or trained to be used in, or that is actually used in, a dogfight. A dog does not constitute a fighting dog solely on account of its breed.
[1987 c.249 s1]
Note: 167.360 to 167.380 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

167.365 Dogfighting.
(1) A person commits the crime of dogfighting if the person knowingly does any of the following:

(a) Owns, possesses, keeps, breeds, trains, buys, sells or offers to sell a fighting dog, including but not limited to any advertisement by the person to sell such a dog.
(b) Promotes, conducts or participates in, or performs any service in the furtherance of, an exhibition of dogfighting, including but not limited to refereeing of a dogfight, handling of dogs at a dogfight, transportation of spectators to a dogfight, organizing a dogfight, advertising a dogfight, providing or serving as a stakes holder for any money wagered on a fight.
(c) Keeps, uses or manages, or accepts payment of admission to, any place kept or used for the purpose of dogfighting.
(d) Suffers or permits any place over which the person has possession or control to be occupied, kept or used for the purpose of an exhibition of dogfighting.

(2) Dogfighting is a Class C felony.
[1987 c.249 s2]
Note: See note under 167.360.

167.370 Participation in dogfighting.
(1) A person commits the crime of participation in dogfighting if the person knowingly:

(a) Attends or has paid admission at any place for the purpose of viewing or betting upon a dogfight.
(b) Advertises or otherwise offers to sell equipment for the training and handling of a fighting dog.

(2) Participation in dogfighting is a Class A misdemeanor.
[1987 c.249 s3]
Note: See note under 167.360.

167.375 Seizure of fighting dogs; procedure.
(1) Pursuant to ORS 133.525 to 133.703, 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, 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.
[1987 c.249 s4]
Note: See note under 167.360.

167.380 Forfeiture of rights in fighting dogs or property; public nuisance; destruction of dogs.
(1) In addition to and not in lieu of any other penalty it may impose upon a person convicted of dogfighting under ORS 167.365 or participating in dogfighting under ORS 167.370, the court shall, as a part of the judgment, order to be forfeited to the city or county wherein the crime occurred, as the case may be, the person's rights in any fighting dogs or property proved to have been used by the defendant as an instrumentality in the commission of the crime.
(2) A fighting dog is a public nuisance, regardless of whether or not a person has been convicted of animal fighting with respect to the dog, and a dog proved by a preponderance of the evidence to be a fighting dog in a forfeiture proceeding shall be forfeited to the county in which the dog was found, to be destroyed as provided in this section.
(3) When a court orders a fighting dog to be forfeited, the dog shall be destroyed by a method consistent with such state law regulating methods to be used for destruction of animals. No forfeited fighting dog shall be released or given to any person or agency other than for purposes of destruction in accordance with this subsection.
[1987 c.249 s5]
Note: See note under 137.360.