(2) Maintaining a public nuisance in violation of ORS 609.095 (2) or (3) is a Class B violation.
(3)(a) Except as provided in paragraph (b) of this subsection, violation of ORS 609.098 is a Class A misdemeanor.
(b) If a dog kills a person, violation of ORS 609.098 is a Class C felony.
(c) If a keeper violates ORS 609.098, the court shall order the dangerous dog killed in a humane manner.
(4) Violation of ORS 609.405 constitutes a Class C misdemeanor.
(5) In addition to any fine or sentence imposed under this section, a court may order a person who violates ORS 609.060 (2), 609.095, 609.098, 609.100, 609.169 or 609.405 to pay restitution for any physical injury, death or property damage caused by the dog as a result of the keeper’s violation of ORS 609.060 (2), 609.095, 609.098, 609.100, 609.169 or 609.405. The court may also order the person to pay the cost of keeping the dog in impoundment.
(6) In addition to any fine imposed or restitution ordered of a keeper for a violation of ORS 609.060 (2), 609.095, 609.100, 609.169 or 609.405, the court may impose reasonable restrictions on the keeping of the dog to ensure the safety or health of the public. The keeper must pay the cost of complying with reasonable restrictions. As used in this subsection, "reasonable restrictions" may include, but is not limited to, sterilization. If the dog is a potentially dangerous dog, the court may order the dog killed in a humane manner. In determining whether to have the dog killed, the court shall give consideration to the factors described in ORS 609.093 and issue written findings on those factors.
(7) Notwithstanding ORS 19.270 and 19.330, subject to periodic advance payment of the cost of keeping the dog in impoundment, the killing of a dog pursuant to an order under subsection (3) or (6) of this section may not be carried out during the period that the order is subject to the appeal process. Unless otherwise ordered by the Court of Appeals, the dog may be killed during the appeal period if the keeper fails to maintain advance payment of the cost of keeping the dog impounded.
(8) If a court orders a dog killed under subsection (6) of this section and the keeper does not make the dog available for that purpose, the court may issue a search warrant for a property upon probable cause to believe that the dog is located at that property. [Amended by 1963 c.237 §2; 1965 c.499 §2; 1967 c.495 §3; 1973 c.655 §6; 1977 c.802 §13; subsection (3) enacted as 1985 c.289 §2(3); 1999 c.658 §§12,12a; 1999 c.1051 §§208,322b; 2001 c.636 §11; 2005 c.840 §8; 2011 c.597 §249]
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.