75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2100
House Bill 2852
Sponsored by Representative BERGER
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.
Requires keeper of pit bull to maintain liability insurance.
Makes violation punishable by maximum fine of $180. Directs court
to order keeper found in violation to prove compliance within
period established by court. Makes failure to prove compliance
with order punishable by maximum fine of $720 per day.
Creates crime of maintaining potentially dangerous dog. Makes
first offense punishable by maximum of 30 days' imprisonment,
$1,250 fine, or both. Makes second or subsequent offense
punishable by maximum of six months' imprisonment, $2,500 fine,
or both.
Changes elements for crime of maintaining dangerous dog. Makes
most violations punishable by maximum of one year's imprisonment,
$6,250 fine, or both. Makes punishable by maximum of five years'
imprisonment, $125,000 fine, or both, if dog kills person or for
second or subsequent offense resulting in serious physical
injury.
Eliminates potentially dangerous dog behavior from public
nuisance statute. Adds menacing behavior to public nuisance
statute.
A BILL FOR AN ACT
Relating to dogs; creating new provisions; and amending ORS
609.035, 609.090, 609.093, 609.095, 609.098, 609.115 and
609.990.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section:
(a) 'Keeper' has the meaning given that term in ORS 609.035.
(b) 'Pit bull' means a dog that:
(A) Is registered or otherwise listed as an American pit bull
terrier, Staffordshire bull terrier or American Staffordshire
terrier with a dog breed club or league, dog fanciers
association, breed registry or similar organization; or
(B) Has appearance and physical characteristics that
substantially conform to the breed standards of the United Kennel
Club for an American pit bull terrier or of the American Kennel
Club for a Staffordshire bull terrier or American Staffordshire
terrier, as those standards existed on January 1, 2009.
(2) The keeper of a pit bull shall maintain in effect insurance
in the amount of $1 million that provides coverage for any
economic or noneconomic damages resulting from physical injury or
damage to personal or real property caused by the pit bull.
(3) If a court finds a person guilty of violating subsection
(2) of this section, the court shall order the person to provide
the local dog control district, or, if no local district exists,
provide the court, with proof of compliance with subsection (2)
of this section within a period established by the court, not to
exceed 30 days. If the person complies with the court order by
ceasing to be the keeper of a pit bull, proof of compliance shall
include details regarding the disposition made of the dog,
including the name and address of any new keeper.
(4)(a) Violation of subsection (2) of this section is a Class C
violation.
(b) Failure to provide proof of compliance with a court order
issued under subsection (3) of this section is a Class A
violation. Each day that the person fails to provide proof of
compliance with an order issued under subsection (3) of this
section after expiration of the period established by the court
is a separate violation. + }
SECTION 2. { + (1) As used in this section:
(a) 'Keeper' has the meaning given that term in ORS 609.035.
(b) 'Physical injury' has the meaning given that term in ORS
161.015.
(c) 'Potentially dangerous dog' means a dog that:
(A) Without provocation and while not on premises from which
the keeper may lawfully exclude others, menaces a person;
(B) Without provocation, inflicts physical injury on a person
that is less severe than a serious physical injury; or
(C) Without provocation and while not on premises from which
the keeper may lawfully exclude others, inflicts physical injury
or serious physical injury on a domestic animal as defined in ORS
167.310.
(d) 'Potentially dangerous dog' does not mean a law enforcement
animal as defined in ORS 167.310.
(e) 'Serious physical injury' has the meaning given that term
in ORS 161.015.
(2) A person commits the crime of maintaining a potentially
dangerous dog if the person is the keeper of a dog and the
person:
(a) With criminal negligence, fails to prevent the dog from
engaging in an act described in subsection (1)(c)(A) of this
section.
(b) Fails to prevent the dog from committing an act described
in subsections (1)(c)(B) or (C) of this section.
(3) Maintaining a potentially dangerous dog is punishable as
provided in section 3 of this 2009 Act. + }
SECTION 3. { + (1) Maintaining a potentially dangerous dog in
violation of section 2 of this 2009 Act:
(a) Is a Class C misdemeanor for a first offense.
(b) Is a Class B misdemeanor for a second or subsequent
offense, whether or not involving the same dog.
(2) If a keeper violates section 2 of this 2009 Act, the court
may order the potentially dangerous dog killed in a humane
manner. In determining whether to have the dog killed, the court
shall give consideration to, and issue written findings
regarding, the following:
(a) The circumstances and severity of the behavior;
(b) The ability and inclination of the keeper to comply with
reasonable restrictions on the keeping of the dog; and
(c) Any other factors that the court may deem relevant.
(3)(a) If a keeper violates section 2 of this 2009 Act and the
court does not order the potentially dangerous dog killed, the
court shall impose reasonable restrictions on the keeping of the
potentially dangerous dog to ensure the safety or health of the
public. The keeper must pay the cost of complying with reasonable
restrictions. The reasonable restrictions shall include, at a
minimum, that:
(A) The dog be confined in a secure enclosure having features
designed to prevent the escape of the dog.
(B) The dog be on a leash and under the control of an adult
person whenever outside the secure enclosure.
(C) The keeper post conspicuous warning signs on the secure
enclosure stating that the building or enclosure contains a
potentially dangerous dog.
(D) The dog be implanted with an identifying microchip.
(E) The keeper report to the local dog control district, or, if
no local dog control district exists, to the court, any change of
location of the dog, change of keeper, escape or death of the
dog.
(b) Reasonable restrictions imposed under this subsection may
also include, but need not be limited to, requirements that:
(A) The dog be sterilized.
(B) The dog be muzzled whenever outside the secure enclosure
where normally confined.
(C) The keeper give written notice to a veterinarian, dog
groomer, humane society worker, dog trainer, dog handler or other
person that the dog is a potentially dangerous dog before
presenting the dog to the person for the receipt of care or
services.
(4) Maintaining a dangerous dog in violation of ORS 609.098:
(a) Except as provided in paragraph (b) of this subsection, is
a Class A misdemeanor.
(b) Is a Class C felony:
(A) If a dog kills a person; or
(B) For a second or subsequent offense that results from a dog
inflicting serious physical injury on a person.
(5) If a keeper violates ORS 609.098, the court shall order the
dangerous dog killed in a humane manner.
(6) In addition to any fine or sentence imposed under this
section, a court may order a person who violates ORS 609.098 or
section 2 of this 2009 Act 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 609.098 or section 2 of this 2009
Act. The court may also order the person to pay the cost of
keeping the dog in impoundment.
(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 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 in impoundment.
(8) If a court orders a dog killed under 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 4. ORS 609.035 is amended to read:
609.035. As used in ORS 609.035 to 609.110 and 609.990:
(1) 'Dog control board' means a group of persons whose duties
include, but need not be limited to, fulfilling the duties of a
dog control district board of supervisors as described in ORS
609.030.
(2) 'Dog control officer' means a person whose duties include,
but need not be limited to, enforcing the dog control laws for a
dog control district.
(3) 'Keeper' means a person who owns, possesses, controls or
otherwise has charge of a dog, other than:
(a) A licensed business primarily intended to obtain a profit
from the kenneling of dogs;
(b) A humane society or other nonprofit animal shelter;
(c) A facility impounding dogs on behalf of a city or county;
or
(d) A veterinary facility.
(4) 'Menaces' means lunging, growling, snarling or other
behavior by a dog that would cause a reasonable person to fear
for the person's safety.
{ - (5) 'Potentially dangerous dog' means a dog that: - }
{ - (a) Without provocation and while not on premises from
which the keeper may lawfully exclude others, menaces a
person; - }
{ - (b) Without provocation, inflicts physical injury on a
person that is less severe than a serious physical injury; or - }
{ - (c) Without provocation and while not on premises from
which the keeper may lawfully exclude others, inflicts physical
injury on or kills a domestic animal as defined in ORS
167.310. - }
{ - (6) - } { + (5) + } 'Running at large' means that a dog
is off or outside of the premises from which the keeper of the
dog may lawfully exclude others, or is not in the company of and
under the control of its keeper, except if the dog is:
(a) Being used to legally hunt, chase or tree wildlife while
under the supervision of the keeper;
(b) Being used to control or protect livestock or for other
activities related to agriculture; or
(c) Within any part of a vehicle.
{ - (7) 'Serious physical injury' has the meaning given that
term in ORS 161.015. - }
SECTION 5. ORS 609.090 is amended to read:
609.090. (1) A law enforcement officer or dog control officer
may cite a keeper, impound a dog, or both if:
(a) The dog is found running at large in violation of ORS
609.060;
(b) The dog is a public nuisance as described by ORS 609.095;
or
(c) The officer has probable cause to believe that the dog is a
{ + potentially dangerous dog as defined in section 2 of this
2009 Act or a + } dangerous dog as defined in ORS 609.098.
(2) All dogs impounded under this section and ORS 609.030 shall
be held in an adequate and sanitary pound to be provided by the
county governing body from the general fund or out of funds
obtained from dog licenses and from the redemption of dogs so
impounded. However, in lieu of the establishment of a dog pound,
the county governing body may contract for the care of the dogs.
Unless claimed by its keeper, a dog shall be impounded for at
least three days if the dog is without a license or
identification tag and for at least five days if it has a license
or identification tag. A reasonable effort shall be made to
notify the keeper of a dog before the dog is removed from
impoundment.
(3) Unless the dog control board or county governing body
provides otherwise, if the keeper appears and redeems the dog,
the keeper shall pay a sum of not less than $10 for the first
impoundment and not less than $20 for each subsequent impoundment
and also pay the expense of keeping the dog during the time it
was impounded. If the dog is unlicensed the keeper shall also
purchase a license and pay the applicable penalty for failure to
have a license. If the keeper is not the owner of the dog, the
keeper may request that a license purchased by the keeper under
this subsection be issued in the name of the dog owner.
(4) In addition to any payment required pursuant to subsection
(3) of this section, a dog control board or county governing body
may require as a condition for redeeming the dog that the keeper
agree to reasonable restrictions on the keeping of the dog. The
keeper must pay the cost of complying with the reasonable
restrictions. As used in this subsection, 'reasonable
restrictions' may include, but is not limited to, sterilization.
(5) A keeper of a dog maintains a public nuisance if the keeper
fails to comply with reasonable restrictions imposed under
subsection (4) of this section or if a keeper fails to provide
acceptable proof of compliance to the dog control board or county
governing body on or before the 10th day after issuance of the
order imposing the restrictions. If the board or governing body
finds the proof submitted by the keeper unacceptable, the board
or governing body shall send notice of that finding to the keeper
no later than five days after the proof is received.
(6) If no keeper appears to redeem a dog within the allotted
time, the dog may be killed in a humane manner. The dog control
board or county governing body may release the dog to a
responsible person upon receiving assurance that the person will
properly care for the dog and upon payment of a sum established
by the county governing body plus cost of keep during its
impounding, and purchase of a license if required. The person
shall thereafter be the keeper of the dog for purposes of ORS
609.035 to 609.110.
(7) If the keeper of a dog is not charged with violating ORS
609.095 (2) or (3) or ORS 609.098 { + or section 2 of this 2009
Act + }, and the dog control board or county governing body finds
that the dog has menaced or chased a person when on premises
other than the premises from which the keeper may lawfully
exclude others or has bitten a person, the dog control board or
county governing body may order that the dog be killed in a
humane manner. Before ordering that the dog be killed, the board
or governing body shall consider the factors described in ORS
609.093 and issue written findings on those factors.
Notwithstanding ORS 34.030, if the disposition order issued by
the board or governing body provides that the dog is to be
killed, a petition by the keeper for a writ of review must be
filed no later than the 10th day after the dog control board or
county governing body sends notice of the order to the keeper.
Notwithstanding ORS 19.270, 19.330 and 34.070, the order for the
killing of the dog may not be carried out during the period that
the order is subject to review or appeal. If the dog is not
killed, the board or governing body may impose reasonable
restrictions on the keeping of the dog. The keeper must pay the
cost of complying with the reasonable restrictions.
(8) If the keeper of a dog is charged with violating ORS
609.095 (2) or (3) { - or 609.098 - } , upon conviction of the
keeper the court may determine the disposition of the dog as
provided under ORS 609.990. { + If the keeper of a dog is
charged with violating ORS 609.098 or section 2 of this 2009 Act,
upon conviction of the keeper the court shall determine the
disposition of the dog as provided under section 3 of this 2009
Act. + }
(9) Notwithstanding subsections (2), (3), (6), (7) and (8) of
this section, any dog impounded for biting a person shall be held
for at least 10 days before redemption or destruction to
determine if the dog is rabid.
(10) Notwithstanding subsections (2) and (3) of this section,
if the keeper is charged with violating ORS 609.098 { + or
section 2 of this 2009 Act + }, the dog shall be kept in
impoundment pending resolution of the charges. A court may order
the keeper to post a deposit with the dog control board or county
governing body to cover the cost of keeping the dog in
impoundment. If the keeper is convicted of violating ORS
609.098 { + or section 2 of this 2009 Act + }, the court may
order the deposit forfeited to the board or governing body.
(11) A dog control board or county governing body may impose
lesser fees or penalties under subsections (3) and (6) of this
section for certain senior citizens under certain circumstances.
SECTION 6. ORS 609.093 is amended to read:
609.093. In determining whether a dog should be killed as
provided under ORS 609.090 (7) { - or 609.990 (6) - } , a dog
control board { - , - } { + or + } county governing body
{ - or court - } shall consider the following factors:
(1) If the dog has bitten a person, the circumstances and
severity of the bite;
(2) Whether the keeper has a history of maintaining dogs that
are a public nuisance;
(3) The impact of keeper actions on the behavior of the dog;
(4) The ability and inclination of the keeper to prevent the
dog from chasing or menacing another person on premises other
than the premises from which the keeper may lawfully exclude
others or from biting another person;
(5) Whether the dog can be relocated to a secure facility;
(6) The effect that a transfer of the keeping of the dog to
another person would have on ensuring the health and safety of
the public;
(7) Behavior by the dog before or since the biting, chasing or
menacing; and
(8) Any other factors that the board { - , - } { + or + }
governing body { - or court - } may deem relevant.
SECTION 7. ORS 609.095 is amended to read:
609.095. (1) A dog is a public nuisance if it:
(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. - } { + Menaces a
person on premises other than premises from which the keeper may
lawfully exclude others. + }
(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 section 3 of this 2009 Act + } 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 609.098 is amended to read:
609.098. (1) As used in this section { - , - } { + :
(a) + } 'Dangerous dog' means a dog that:
{ - (a) - } { + (A) + } Without provocation and in an
aggressive manner inflicts serious physical injury, as defined in
ORS 161.015, on a person or kills a person;
{ - (b) - } { + (B) + } Acts as a potentially dangerous
dog, as defined in
{ - ORS 609.035 - } { + section 2 of this 2009 Act + }, after
having previously { + :
(i) + } Committed an act as a potentially dangerous dog that
resulted in the keeper being found to have violated ORS 609.095
{ + (2007 Edition) or section 2 of this 2009 Act or an
ordinance of a dog control district + }; or
{ - (c) Is used as a weapon in the commission of a crime. - }
{ + (ii) Been found under ORS 609.095 or an ordinance of a
dog control district to be a public nuisance for chasing or
menacing persons on premises other than premises from which the
keeper of the dog may lawfully exclude others; or
(C) Kills a domestic animal as defined in ORS 167.310.
(b) 'Dangerous dog' does not mean a law enforcement animal as
defined in ORS 167.310. + }
(2) A person commits the crime of maintaining a dangerous dog
if the person is the keeper of a dog and the person { - , - }
{ + :
(a) + } With criminal negligence, fails to prevent the dog from
engaging in an act described in subsection (1) { + (a) + } of
this section { - . - } { + ; or
(b) Uses the dog as a weapon in the commission of a crime. + }
(3) Maintaining a dangerous dog is punishable as described in
{ - ORS 609.990 - } { + section 3 of this 2009 Act + }.
SECTION 9. ORS 609.115 is amended to read:
609.115. (1) As used in this section { - , - } { + :
(a) + } 'Keeper' { + has the meaning given that term in ORS
609.035; + } and
{ + (b) + } ' Potentially dangerous dog' { - have the
meanings given those terms in ORS 609.035 - } { + has the
meaning given that term in section 2 of this 2009 Act + }.
(2) Except as provided in subsection (3) of this section, if a
court has determined under { - ORS 609.990 - } { + section 3
of this 2009 Act + }that a dog is a potentially dangerous dog,
and subsequent to that determination the dog causes physical
injury to a person or damage to real or personal property, the
keeper of the dog is strictly liable to the injured person or
property owner for any economic damages resulting from the injury
or property damage.
(3) Subsection (2) of this section does not apply if a physical
injury is to a person provoking the dog or assaulting the dog's
keeper or to a person who trespasses upon premises from which the
keeper may lawfully exclude others.
SECTION 10. 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.
{ - (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) - } { + (3) + } Violation of ORS 609.405
constitutes a Class C misdemeanor.
{ - (5) - } { + (4) + } 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) - } { + (5) + } 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. - }
SECTION 11. { + Sections 2 and 3 of this 2009 Act and the
amendments to ORS 609.035, 609.090, 609.093, 609.095, 609.098,
609.115 and 609.990 by sections 4 to 10 of this 2009 Act apply to
offenses committed on or after the effective date of this 2009
Act. + }
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