(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, 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 and 609.163. In addition to any action taken under ORS 609.162 and 609.163, 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, 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]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 609 - Dogs; Exotic Animals; Dealers
Section 609.015 - Application of ORS 609.030 and 609.035 to 609.110.
Section 609.035 - Definitions for ORS 609.035 to 609.110 and 609.990.
Section 609.060 - Notice of county prohibition on dogs running at large.
Section 609.093 - Considerations prior to disposing of chasing, menacing or biting dog.
Section 609.095 - Dog as public nuisance; public nuisance prohibited; complaint.
Section 609.098 - Maintaining dangerous dog.
Section 609.100 - Dog licenses, tags and fees; exemptions.
Section 609.115 - Liability for injury or property damage caused by potentially dangerous dog.
Section 609.135 - Applicability of ORS 609.156, 609.162 and 609.168.
Section 609.140 - Right of action by owner of damaged livestock.
Section 609.150 - Right to kill dog that harms or chases livestock.
Section 609.153 - Dog owner education program.
Section 609.155 - Impoundment for harming or chasing livestock; determination of fact; costs.
Section 609.156 - Opportunity to request hearing.
Section 609.158 - Hearing process; notice of determination; reexamination of determination.
Section 609.161 - Disputable presumption that dog harms or chases livestock.
Section 609.162 - Guidelines for imposing remedial measures, civil penalties or other sanctions.
Section 609.163 - Enhanced civil penalties for habitual violators.
Section 609.165 - Judicial review of county determination.
Section 609.166 - Record of penalized owners.
Section 609.167 - Conversion of civil penalty into lien; disposition of proceeds.
Section 609.168 - Microchip identification of dog; rules.
Section 609.169 - Keeping dog with knowledge that it has harmed livestock.
Section 609.305 - "Exotic animal" defined.
Section 609.329 - Liability for escape or injury.
Section 609.341 - Permit requirement for keeping of exotic animal; breeding of animal.
Section 609.345 - Exceptions to permit requirement.
Section 609.351 - Issuance and renewal of exotic animal permit; fee.
Section 609.355 - Issuance of permit upon lapse of federal license or registration.
Section 609.405 - Requirement for destroying dogs and cats.
Section 609.410 - Disposition of dogs and cats by research facility.
Section 609.415 - Animal rescue entities; licensing; records; fees; rules; civil penalty.
Section 609.420 - Investigation and inspection of animal rescue entity.
Section 609.500 - Definitions for ORS 609.500 to 609.520 and 609.994.
Section 609.505 - Unlawfully obtaining dog or cat.
Section 609.515 - Required period of possession of animal by dealer.
Section 609.650 - Legislative findings.
Section 609.652 - Definitions for ORS 609.654.
Section 609.654 - Public or private official reporting of aggravated animal abuse; immunity.
Section 609.656 - Regulated social worker reporting of abuse or neglect; immunity.
Section 609.815 - On-site individuals for locations where numerous dogs are kept.
Section 609.992 - Penalties for ORS 609.341; transfer of rights in exotic animal.
Section 609.994 - Penalties for ORS 609.510 to 609.520; cause of action for damages; injunctions.