74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1140
Senate Bill 438
Sponsored by COMMITTEE ON BUSINESS, TRANSPORTATION AND WORKFORCE
DEVELOPMENT (at the request of Guide Dog Users of Oregon)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Creates crime of hindering assistance animal in second degree.
Punishes by maximum of one year's imprisonment, $6,250 fine, or
both. Creates crime of hindering assistance animal in first
degree. Punishes by maximum of five years' imprisonment, $125,000
fine, or both.
Expands crime of first degree animal abuse to include certain
actions relating to assistance animals. Revises enhanced penalty
language.
Modifies grounds for civil cause of action for damages arising
from certain acts involving assistance animals.
Classifies as public nuisance dog that, without provocation,
attempts to injure, attempts to disable, disables, interferes
with work of or jeopardizes safety of assistance animal.
Increases fine for maintaining dog that is public nuisance from
$250 to $360.
A BILL FOR AN ACT
Relating to animals; creating new provisions; and amending ORS
131.602, 167.320, 167.352, 346.687, 609.095 and 609.990.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section:
(a) 'Assistance animal' has the meaning given that term in ORS
346.680.
(b) 'Disables' means the use of physical or verbal
intimidation, or other means of inducing fear, that decreases the
willingness or ability of an assistance animal to render
assistance to a person with a physical impairment.
(c) 'Injures' means to cause physical trauma, impairment of
physical condition or substantial pain, whether inflicted
directly or resulting from an assistance animal's effort to avoid
injury.
(d) 'Keeper' has the meaning given that term in ORS 609.035.
(e) 'Person with a physical impairment' has the meaning given
that term in ORS 346.680.
(2) A person commits the crime of hindering an assistance
animal in the second degree if, with criminal negligence, the
person:
(a) Without provocation, injures, attempts to injure, disables,
attempts to disable, interferes with the work of or jeopardizes
the safety of an animal the person knows or reasonably should
know is an assistance animal; or
(b) Fails to prevent a dog for which the person is the keeper
from, without provocation, injuring, attempting to injure,
disabling, attempting to disable, interfering with the work of or
jeopardizing the safety of an animal the person knows or
reasonably should know is an assistance animal.
(3) Subsection (2) of this section does not apply to the use of
licensed veterinary practices described in ORS 686.030 or
reasonable techniques for handling and training an assistance
animal.
(4) Hindering an assistance animal in the second degree is a
Class A misdemeanor. If a person commits the crime of hindering
an assistance animal in the second degree by means described in
subsection (2)(b) of this section, the court imposing sentence
for the crime may also make a disposition of the dog as described
in ORS 609.990 (6). + }
SECTION 2. { + (1) A person commits the crime of hindering an
assistance animal in the first degree if the person violates
section 1 of this 2007 Act and:
(a) The person acts intentionally; or
(b) Before the date of hindering an assistance animal, the
person commits acts that twice result in the person being found
to have violated this section or ORS 167.320 or 167.352 or
section 1 of this 2007 Act, or the equivalent laws of another
jurisdiction.
(2) Hindering an assistance animal in the first degree is a
Class C felony. If a person commits the crime of hindering an
assistance animal in the first degree as described in section 1
(2)(b) of this 2007 Act, the court imposing sentence for the
crime may also make a disposition of the dog as described in ORS
609.990 (6). + }
SECTION 3. ORS 131.602 is amended to read:
131.602. The crimes to which ORS 131.550 (11)(b) applies are:
(1) Bribe giving, as defined in ORS 162.015.
(2) Bribe receiving, as defined in ORS 162.025.
(3) Public investment fraud, as defined in ORS 162.117.
(4) Bribing a witness, as defined in ORS 162.265.
(5) Bribe receiving by a witness, as defined in ORS 162.275.
(6) Simulating legal process, as defined in ORS 162.355.
(7) Official misconduct in the first degree, as defined in ORS
162.415.
(8) Custodial interference in the second degree, as defined in
ORS 163.245.
(9) Custodial interference in the first degree, as defined in
ORS 163.257.
(10) Buying or selling a person under 18 years of age, as
defined in ORS 163.537.
(11) Using a child in a display of sexually explicit conduct,
as defined in ORS 163.670.
(12) Encouraging child sexual abuse in the first degree, as
defined in ORS 163.684.
(13) Encouraging child sexual abuse in the second degree, as
defined in ORS 163.686.
(14) Encouraging child sexual abuse in the third degree, as
defined in ORS 163.687.
(15) Possession of materials depicting sexually explicit
conduct of a child in the first degree, as defined in ORS
163.688.
(16) Possession of materials depicting sexually explicit
conduct of a child in the second degree, as defined in ORS
163.689.
(17) Theft in the second degree, as defined in ORS 164.045.
(18) Theft in the first degree, as defined in ORS 164.055.
(19) Aggravated theft in the first degree, as defined in ORS
164.057.
(20) Theft by extortion, as defined in ORS 164.075.
(21) Theft by deception, as defined in ORS 164.085, if it is a
felony or a Class A misdemeanor.
(22) Theft by receiving, as defined in ORS 164.095, if it is a
felony or a Class A misdemeanor.
(23) Theft of services, as defined in ORS 164.125, if it is a
felony or a Class A misdemeanor.
(24) Unauthorized use of a vehicle, as defined in ORS 164.135.
(25) Mail theft or receipt of stolen mail, as defined in ORS
164.162.
(26) Laundering a monetary instrument, as defined in ORS
164.170.
(27) Engaging in a financial transaction in property derived
from unlawful activity, as defined in ORS 164.172.
(28) Burglary in the second degree, as defined in ORS 164.215.
(29) Burglary in the first degree, as defined in ORS 164.225.
(30) Possession of a burglary tool or theft device, as defined
in ORS 164.235.
(31) Unlawful entry into a motor vehicle, as defined in ORS
164.272.
(32) Arson in the second degree, as defined in ORS 164.315.
(33) Arson in the first degree, as defined in ORS 164.325.
(34) Computer crime, as defined in ORS 164.377.
(35) Robbery in the third degree, as defined in ORS 164.395.
(36) Robbery in the second degree, as defined in ORS 164.405.
(37) Robbery in the first degree, as defined in ORS 164.415.
(38) Unlawful labeling of a sound recording, as defined in ORS
164.868.
(39) Unlawful recording of a live performance, as defined in
ORS 164.869.
(40) Unlawful labeling of a videotape recording, as defined in
ORS 164.872.
(41) A violation of ORS 164.877.
(42) Endangering aircraft, as defined in ORS 164.885.
(43) Interference with agricultural operations, as defined in
ORS 164.887.
(44) Forgery in the second degree, as defined in ORS 165.007.
(45) Forgery in the first degree, as defined in ORS 165.013.
(46) Criminal possession of a forged instrument in the second
degree, as defined in ORS 165.017.
(47) Criminal possession of a forged instrument in the first
degree, as defined in ORS 165.022.
(48) Criminal possession of a forgery device, as defined in ORS
165.032.
(49) Criminal simulation, as defined in ORS 165.037.
(50) Fraudulently obtaining a signature, as defined in ORS
165.042.
(51) Fraudulent use of a credit card, as defined in ORS
165.055.
(52) Negotiating a bad check, as defined in ORS 165.065.
(53) Possessing a fraudulent communications device, as defined
in ORS 165.070.
(54) Unlawful factoring of a payment card transaction, as
defined in ORS 165.074.
(55) Falsifying business records, as defined in ORS 165.080.
(56) Sports bribery, as defined in ORS 165.085.
(57) Sports bribe receiving, as defined in ORS 165.090.
(58) Misapplication of entrusted property, as defined in ORS
165.095.
(59) Issuing a false financial statement, as defined in ORS
165.100.
(60) Obtaining execution of documents by deception, as defined
in ORS 165.102.
(61) A violation of ORS 165.543.
(62) Cellular counterfeiting in the third degree, as defined in
ORS 165.577.
(63) Cellular counterfeiting in the second degree, as defined
in ORS 165.579.
(64) Cellular counterfeiting in the first degree, as defined in
ORS 165.581.
(65) Identity theft, as defined in ORS 165.800.
(66) A violation of ORS 166.190.
(67) Unlawful use of a weapon, as defined in ORS 166.220.
(68) A violation of ORS 166.240.
(69) Unlawful possession of a firearm, as defined in ORS
166.250.
(70) A violation of ORS 166.270.
(71) Unlawful possession of a machine gun, short-barreled
rifle, short-barreled shotgun or firearms silencer, as defined in
ORS 166.272.
(72) A violation of ORS 166.275.
(73) Unlawful possession of armor piercing ammunition, as
defined in ORS 166.350.
(74) A violation of ORS 166.370.
(75) Unlawful possession of a destructive device, as defined in
ORS 166.382.
(76) Unlawful manufacture of a destructive device, as defined
in ORS 166.384.
(77) Possession of a hoax destructive device, as defined in ORS
166.385.
(78) A violation of ORS 166.410.
(79) Providing false information in connection with a transfer
of a firearm, as defined in ORS 166.416.
(80) Improperly transferring a firearm, as defined in ORS
166.418.
(81) Unlawfully purchasing a firearm, as defined in ORS
166.425.
(82) A violation of ORS 166.429.
(83) A violation of ORS 166.470.
(84) A violation of ORS 166.480.
(85) A violation of ORS 166.635.
(86) A violation of ORS 166.638.
(87) Unlawful paramilitary activity, as defined in ORS 166.660.
(88) A violation of ORS 166.720.
(89) Prostitution, as defined in ORS 167.007.
(90) Promoting prostitution, as defined in ORS 167.012.
(91) Compelling prostitution, as defined in ORS 167.017.
(92) Exhibiting an obscene performance to a minor, as defined
in ORS 167.075.
(93) Unlawful gambling in the second degree, as defined in ORS
167.122.
(94) Unlawful gambling in the first degree, as defined in ORS
167.127.
(95) Possession of gambling records in the second degree, as
defined in ORS 167.132.
(96) Possession of gambling records in the first degree, as
defined in ORS 167.137.
(97) Possession of a gambling device, as defined in ORS
167.147.
(98) Possession of a gray machine, as defined in ORS 167.164.
(99) Cheating, as defined in ORS 167.167.
(100) Tampering with drug records, as defined in ORS 167.212.
(101) A violation of ORS 167.262.
(102) Research and animal interference, as defined in ORS
167.312.
(103) Animal abuse in the first degree, as defined in ORS
167.320.
(104) Aggravated animal abuse in the first degree, as defined
in ORS 167.322.
(105) Animal neglect in the first degree, as defined in ORS
167.330.
(106) Interfering with { - an assistance, - } a search and
rescue { + animal + } or { - a - } therapy animal, as
defined in ORS 167.352.
{ + (107) Hindering an assistance animal in the second
degree, as defined in section 1 of this 2007 Act.
(108) Hindering an assistance animal in the first degree, as
defined in section 2 of this 2007 Act. + }
{ - (107) - } { + (109) + } Involvement in animal fighting,
as defined in ORS 167.355.
{ - (108) - } { + (110) + } Dogfighting, as defined in ORS
167.365.
{ - (109) - } { + (111) + } Participation in dogfighting,
as defined in ORS 167.370.
{ - (110) - } { + (112) + } Unauthorized use of a livestock
animal, as defined in ORS 167.385.
{ - (111) - } { + (113) + } Interference with livestock
production, as defined in ORS 167.388.
{ - (112) - } { + (114) + } A violation of ORS 167.390.
{ - (113) - } { + (115) + } A violation of ORS 471.410.
{ - (114) - } { + (116) + } Failure to report missing
precursor substances, as defined in ORS 475.955.
{ - (115) - } { + (117) + } Illegally selling drug
equipment, as defined in ORS 475.960.
{ - (116) - } { + (118) + } Providing false information on
a precursor substances report, as defined in ORS 475.965.
{ - (117) - } { + (119) + } Unlawful delivery of an
imitation controlled substance, as defined in ORS 475.912.
{ - (118) - } { + (120) + } A violation of ORS 475.840, if
it is a felony or a Class A misdemeanor.
{ - (119) - } { + (121) + } A violation of ORS 475.914, if
it is a felony or a Class A misdemeanor.
{ - (120) - } { + (122) + } A violation of ORS 475.916.
{ - (121) - } { + (123) + } A violation of ORS 475.906, if
it is a felony or a Class A misdemeanor.
{ - (122) - } { + (124) + } A violation of ORS 475.904 (2).
{ - (123) - } { + (125) + } Misuse of an identification
card, as defined in ORS 807.430.
{ - (124) - } { + (126) + } Unlawful production of
identification cards, licenses, permits, forms or camera cards,
as defined in ORS 807.500.
{ - (125) - } { + (127) + } Transfer of documents for the
purposes of misrepresentation, as defined in ORS 807.510.
{ - (126) - } { + (128) + } Using an invalid license, as
defined in ORS 807.580.
{ - (127) - } { + (129) + } Permitting misuse of a license,
as defined in ORS 807.590.
{ - (128) - } { + (130) + } Using another's license, as
defined in ORS 807.600.
{ - (129) - } { + (131) + } Criminal driving while
suspended or revoked, as defined in ORS 811.182, when it is a
felony.
{ - (130) - } { + (132) + } Driving while under the
influence of intoxicants, as defined in ORS 813.010, when it is a
felony.
{ - (131) - } { + (133) + } Unlawful distribution of
cigarettes, as defined in ORS 323.482.
{ - (132) - } { + (134) + } A violation of ORS 180.440 (2).
{ - (133) - } { + (135) + } A violation described in ORS
475.846 to 475.894, if it is a felony.
{ - (134) - } { + (136) + } An attempt, conspiracy or
solicitation to commit a crime in subsections (1) to
{ - (133) - } { + (135) + } of this section if the attempt,
conspiracy or solicitation is a felony or a Class A misdemeanor.
SECTION 4. ORS 167.320 is amended to read:
167.320. (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 { - . - } { + ;
(c) Without provocation, causes the death of an animal that the
person knows or reasonably should know is an assistance animal;
or
(d) Fails to prevent a dog for which the person is the keeper
from causing, without provocation, the death of an animal that
the person knows or reasonably should know is an assistance
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.
(4) Notwithstanding subsection (3) of this section, animal
abuse in the first degree is a Class C felony if:
(a) { + Before the date of the animal abuse, + } the person
committing the animal abuse { - has previously been convicted
of two or more of the following offenses: - } { + commits acts
that twice result in the person being found to have violated any
of the following: + }
(A) { - Any - } { + An + } offense under ORS 163.160,
163.165, 163.175, 163.185 or 163.187 or the equivalent laws of
another jurisdiction, if the offense involved domestic violence
as defined in ORS 135.230 or the offense was committed against a
minor child; or
(B) { - Any - } { + An + } offense under this section or
ORS 167.322 { + or sections 1 or 2 of this 2007 Act + }, or the
equivalent laws of another jurisdiction; or
(b) The person knowingly commits the animal abuse in the
immediate presence of a minor child. For purposes of this
paragraph, a minor child is in the immediate presence of animal
abuse if the abuse is seen or directly perceived in any other
manner by the minor child.
{ + (5) If a person commits the crime of animal abuse in the
first degree by means described in subsection (1)(d) of this
section, the court imposing sentence for the crime may also make
a disposition of the dog under ORS 609.990 (6). + }
SECTION 5. ORS 167.352 is amended to read:
167.352. (1) A person commits the crime of interfering with
{ - an assistance, - } a search and rescue { + animal + } 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; { +
or + }
{ - (b) Interferes with an assistance animal while the
assistance animal is being used to provide assistance to a
physically impaired person; or - }
{ - (c) - } { + (b) + } 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) - } { + (2) + } 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) - } { + (3) + } Interfering with { - an
assistance, - } a search and rescue { + animal + } or
{ - a - } therapy animal is a Class A misdemeanor.
SECTION 6. ORS 346.687 is amended to read:
346.687. { + (1) As used in this section:
(a) 'Disables' and 'injures' have the meanings given those
terms in section 1 of this 2007 Act.
(b) 'Keeper' has the meaning given that term in ORS
609.035. + }
{ - (1) - } { + (2) + } In addition to and not in lieu of
any other penalty provided by state law, a { - physically
impaired - } person { + with a physical impairment + } who uses
an assistance animal or the owner of an assistance animal may
bring an action for economic and noneconomic damages against any
person who steals or, without provocation, { - attacks - }
{ + injures or disables + } the assistance animal. The
{ - physically impaired - } person { + with a physical
impairment + } or owner may also bring an action for { - such
damages against the owner of any animal that, without
provocation, attacks - } { + economic and noneconomic damages
against the keeper of a dog if the keeper fails to prevent the
dog from, without provocation, injuring or disabling + } an
assistance animal. The action authorized by this subsection may
be brought by the { - physically impaired - } person { + with
a physical impairment + } or owner even if the assistance animal
was in the custody or under the supervision of another person
when the theft { - or attack - } { + , injury or disabling + }
occurred.
{ - (2) If the theft of or unprovoked attack on an assistance
animal described in subsection (1) of this section results in the
death of the animal or the animal is not returned or if injuries
sustained in the theft or attack prevent the animal from
returning to service as an assistance animal, the measure of
economic damages shall include, but need not be limited to, the
replacement value of an equally trained assistance animal,
without any differentiation for the age or the experience of the
animal. In addition, the physically impaired person or owner may
recover any other costs and expenses, including, but not limited
to, costs of temporary replacement assistance services, whether
provided by another assistance animal or a person, incurred as a
result of the theft of or injury to the animal. - }
{ - (3) If the theft of or unprovoked attack on an assistance
animal described in subsection (1) of this section results in
injuries from which the animal recovers and returns to service,
or if the animal is stolen but is recovered and returns to
service, the measure of economic damages shall include, but need
not be limited to, the veterinary medical expenses, costs of
temporary replacement assistance services, whether provided by
another assistance animal or a person, and any other costs and
expenses incurred by the physically impaired person or owner as a
result of the theft of or injury to the animal. - }
{ + (3) If, as a result of a theft, injury or disabling
described in subsection (2) of this section, the assistance
animal does not return to the service of the person with a
physical impairment or owner as an assistance animal, the measure
of economic damages includes, but need not be limited to:
(a) The replacement value of an equally trained assistance
animal, without any differentiation for the age or the experience
of the animal;
(b) Costs of temporary replacement assistance services provided
by another assistance animal or a person;
(c) Lost wages or earned income; and
(d) Any other costs and expenses incurred by the person with a
physical impairment or owner as a result of the theft, injury or
disabling of the animal.
(4) If the assistance animal returns to the service of the
person with a physical impairment or owner as an assistance
animal following a theft, injury or disabling described in
subsection (2) of this section, the measure of economic damages
includes, but need not be limited to:
(a) Veterinary medical expenses;
(b) Costs of temporary replacement assistance services provided
by another assistance animal or a person;
(c) Costs of retraining the animal;
(d) Lost wages or earned income; and
(e) Any other costs and expenses incurred by the person with a
physical impairment or owner as a result of the theft, injury or
disabling of the animal. + }
{ - (4) - } { + (5) + } { - No cause of action arises - }
{ + A cause of action does not arise + }under this section if
the { - physically impaired - } person { + with a physical
impairment + }, owner or the person having custody or supervision
of the assistance animal was committing a criminal or civil
trespass at the time of the theft { - of or attack on - }
{ + , injury or disabling of + } the assistance animal.
{ - (5) - } { + (6) + } The court shall award reasonable
attorney fees to the prevailing plaintiff in an action under this
section. The court may award reasonable attorney fees and expert
witness fees incurred by a defendant who prevails in the action
if the court determines that the plaintiff had no objectively
reasonable basis for asserting a claim or no objectively
reasonable basis for appealing an adverse decision of a trial
court.
SECTION 7. ORS 609.095 is amended to read:
609.095. (1) A dog is a public nuisance if { - it - } { +
the dog does any of the following + }:
(a) Chases persons or vehicles on premises other than premises
from which the keeper of the dog may lawfully exclude
others { + . + } { - ; - }
(b) Damages or destroys property of persons other than the
keeper of the dog { + . + } { - ; - }
(c) Scatters garbage on premises other than premises from which
the keeper of the dog may lawfully exclude others { + . + }
{ - ; - }
(d) Trespasses on private property of persons other than the
keeper of the dog { + . + } { - ; - }
(e) Disturbs any person by frequent or prolonged
noises { + . + } { - ; - }
(f) Is a female in heat and running at large { + . + } { - ;
or - }
(g) Is a potentially dangerous dog, but is not a dangerous dog
as defined in ORS 609.098.
{ + (h) Without provocation, attempts to injure, disables,
attempts to disable, interferes with the work of or jeopardizes
the safety of an assistance animal on premises other than
premises from which the keeper of the dog may lawfully exclude
others. As used in this paragraph, 'assistance animal' and
'disables ' have the meanings given those terms in section 1 of
this 2007 Act. + }
(2) The keeper of a dog in a county, precinct or city that is
subject to ORS 609.030 and 609.035 to 609.110 maintains a public
nuisance if the dog commits an act described under subsection (1)
of this section. Maintaining a dog that is a public nuisance is a
violation.
(3) A keeper of a dog maintains a public nuisance if the keeper
fails to comply with reasonable restrictions imposed under ORS
609.990 or if a keeper fails to provide acceptable proof of
compliance to the court on or before the 10th day after issuance
of the order imposing the restrictions. If the court finds the
proof submitted by the keeper unacceptable, the court shall send
notice of that finding to the keeper no later than five days
after the proof is received.
(4) Any person who has cause to believe a keeper is maintaining
a dog that is a public nuisance may complain, either orally or in
writing, to the county, precinct or city. The receipt of any
complaint is sufficient cause for the county, precinct or city to
investigate the matter and determine whether the keeper of the
dog is in violation of subsection (2) or (3) of this section.
SECTION 8. ORS 609.990 is amended to read:
609.990. (1) Violation of ORS 609.060 (2), 609.100 or 609.169
is a Class B violation.
(2) Maintaining a public nuisance in violation of ORS 609.095
(2) or (3) is { - punishable by a fine of not more than
$250 - } { + 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 { + section 1
or 2 of this 2007 Act or + }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 - } { +
a + } dog as a result of the keeper's violation of { + section 1
or 2 of this 2007 Act or + } 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 - } { + if + } a keeper { - for a violation of - }
{ + violates + } ORS 609.060 (2), 609.095, 609.100, 609.169 or
609.405, { + or if the dog is subject to disposition by the
court under section 1 (4) or 2 (2) of this 2007 Act or ORS
167.320 (5), + } 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 { + or if the dog is
subject to disposition by the court under section 1 (4) or 2 (2)
of this 2007 Act or ORS 167.320 (5) + }, 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.
SECTION 9. { + The amendments to ORS 346.687 by section 6 of
this 2007 Act apply to civil actions that are initially filed on
or after the effective date of this 2007 Act. + }
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