1986-06789-Ordinance No. 86-037 Recorded 4/9/1986REVIEWED
86- 6789 LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
71
An Ordinance Amending Ordi- * ',
nance No. 203.1, Relating To
Dog Control, As Amended, Re-
vising References To Dog
Control Board, Repealing Sec- * �'
tion 8, And Declaring An Emer-*
gency.
ORDINANCE NO. 86-037 "
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Section 3 of Ordinance No. 203.1 is amended to
read as rollouts:
"3. All dogs taken up and impounded under this ordi-
nance shall be held in an adequate and sanitary facil-
ity as required by the laws of the State of Oregon.
Any dog so impounded shall be held for at least 5 days
from the date of such impounding before being destroyed
or otherwise disposed of if it has a license, and for
at least 3 days if it does not have a license. How-
ever, in the case of any dog impounded for biting a
person, the dog shall be impounded for at least 10 days
before redemption or destruction to determine if the
dog is rabid."
Section 2. Section 4 of Ordinance No. 203.1 is amended to
read as follows:
114. If the dog is impounded, the impounding officer
shall make reasonable effort to identify the owner of
the dog and shall notify the owner of the dog of the
fact of impounding and the alleged reasons therefor.
He shall also subsequently give notice of the time and
place the matter will be heard by the Administrative
Law Judge. If no owner can be ascertained while the
dog is impounded, the dog shall be killed in a humane
manner. The provisions of this ordinance are subject
to, and superseded by, any existing and applicable law
of the State of Oregon providing for rabies control."
Section 3. Section 5 of Ordinance No. 203.1 is amended to
read as follows:
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VOL
115. (A) The evidence supporting the allegation
that the dog is a nuisance shall be presented
to the Administrative Law Judge at the hear-
ing provided for in section 4. The owner of
the dog shall be allowed to present evidence.
(B) If the Administrative Law Judge deter-
mines the dog is not a nuisance as defined in
section 1 he shall direct the release of the
dog to the owner or any responsible person
who will properly care for the dog and not
allow it to become a nuisance, upon payment
of fees and costs prescribed in section 7 of
this ordinance.
(C) If the Administrative Law Judge deter-
mines the dog is a nuisance as defined in
section 1, paragraph (A), of this ordinance,
and if the Administrative Law Judge deter-
mines the attack was vicious, he may order
the dog to be killed in a humane manner."
71 PACE M
Section 4. Section 6 of Ordinance No. 203.1 is amended to
read as follows:
116. (A) The owner of a dog ordered destroyed by
the Administrative Law Judge under Section
5(c) of this ordinance may appeal such order
to the Deschutes County Board of Commis-
sioners. Notice of appeal shall be in writ-
ing and delivered to the Board of County
Commissioners within three days of the order
of the Administrative Law Judge.
(B) Upon receipt of such notice the Board of
County Commissioners shall set a time, to be
within ten days after the order of the Ad-
ministrative Law Judge. The Administrative
Law Judge, the complainant and the owner of
the dog shall be notified of the time and
place for the review. The Board of County
Commissioners may affirm, modify or reverse
the order of the Administrative Law Judge."
Section 5. Section 8 of Ordinance No. 203.1 is repealed.
Section 6. Section 9 of Ordinance No. 203.1 is renumbered
Section 8.
Section 7. Section 10 of Ordinance No. 203.1 is renumbered
Section 9 and is amended to read as follows:
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V0� �.i p,a�66
11
9. (A) Upon finding a dog engaged in killing,
wounding, injuring or chasing livestock or
upon receipt from a complainant of evidence
that a dog has been so engaged, the dog
control officer or other law enforcement
officer shall impound the dog.
(B) If there is reason to believe that
reasonable testing of a dog impounded pur-
suant to subsection (A) of this section,
including but not limited to a fecal examina-
tion or examination of the teeth of the dog,
will provide substantial further evidence as
to whether the dog has been engaged in kill-
ing, wounding, injuring or chasing livestock,
the Board of County Commissioners shall order
administration of tests by a licensed veter-
inarian.
(C) (1) After completion of such tests as
are administered pursuant to subsection (B)
of this section, the Board of County Commis-
sioners shall determine whether the dog has
been engaged in killing, wounding, injuring
or chasing livestock. If the Board deter-
mines that the dog has been so engaged, the
dog shall be killed in a humane manner and
costs of keeping and testing of the dog
during the impoundment shall be paid by the
owner of the dog. If the Board determines
that the dog has not been so engaged, the dog
shall be released to its owner and, if the
dog had been impounded upon receipt of evi-
dence from a complainant, the complainant
shall pay the costs of keeping and testing of
the dog during the impoundment.
(2) Notwithstanding section 2 of this
ordinance, a dog impounded pursuant to sub-
section (A) of this section shall not be
released until a determination is made by the
Board pursuant to this subsection."
Section 8. Section 11 of Ordinance No. 203.1 is renumbered
Section 10 and is amended to read as follows:
"10. A disputable presumption shall arise that a dog
has been engaged in killing, wounding, or injuring or
chasing livestock within the meaning of sections 8 and
9 of this ordinance if:
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(A) The dog is found chasing livestock not
the property of the owner of the dog in an
area where freshly damaged livestock are
found;
(B) The dog is found feeding upon a warm
carcass of a livestock animal;
(C) An examination of the dog's feces indi-
cates ingestion by the dog of portions or
covering of the anatomy of livestock; or
(D) Portions of the anatomy or covering of
the anatomy of livestock is found on the
teeth of the dog, unless the dog is regularly
used for the purpose of herding sheep."
Section 9. Section 12 of Ordinance No. 203.1 is renumbered
Section 11.
Section 10. Section 13 of Ordinance No. 203.1 is renumbered
Section 12 and is amended to read as follows:
"12. The owner of any livestock killed, wounded,
chased or injured by any dog may, within 10 days after
the killing, wounding, chasing or injuring occurred or
became known to him, present to the Board of County
Commissioners a verified statement containing a full
account of the incident, stating in detail the amount
of damage claimed on account thereof, and the name and
address of the owner of keeper of the dog, if known.
The claim shall be supported by the affidavit of at
least one disinterested person to all material facts
contained in it."
Section 11. Section 14 of Ordinance No. 203.1 is renumbered
Section 13 and is amended to read as follows:
"13. All claims presented as provided by section 12 of
this ordinance shall be heard at the first regular
session of the Board of County Commissioners after
their presentation, or as soon thereafter as may be
practicable. If the Board determines that any live-
stock has been damaged by being injured, chased,
wounded or killed, it shall file and enter a record of
the value of the livestock and order a warrant drawn
for the amount of damages thus found, or any portion
thereof that it considers just, to be paid by the
County Treasurer out of the dog fund. If it considers
the claim unjust, it shall disallow it and enter that
fact upon its record. No claim shall be allowed where
it appears that the injury or damage complained of was
4 - ORDINANCE NO. 86-037
V01 71 fAGE608
caused by a dog owned or controlled by the claimant or
his agent."
Section 12. Section 15 of Ordinance No. 203.1 is renumbered
Section 14 and is amended to read as follows:
"14. In each case where a claim against the dog fund
has been paid by the Board of County Commissioners,
Deschutes County shall be subrogated to all the rights
of the owner of the livestock killed, wounded, chased
or injured against the owner of the dog for damages.
County Legal Counsel shall proceed promptly, in any
lawful manner, to collect such damages. Any money so
collected shall be paid over immediately to the County
Treasurer and credited to the dog fund."
Section 13. Section 16 of Ordinance No. 203.1 is renumbered
Section 15.
Section 14. Section 17 of Ordinance No. 203.1 is renumbered
Section 16.
Section 15. This Ordinance being necessary for the imme-
diate preservation of the public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect
on its passage.
DATED this 7 Nu day of April, 1986.
ATTEST:
MIME ------- - Nmoez
R Mel . .,�.--
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BOARD OF COUNTY COMMISSIONERS
OF DESCHUnS COUNT.:�01 OREGON
LO19/BRISTOW PRANTE, Chairman
LAURE E A. TLPTLEI Commissioner
D117K MAUDLIN, C mmissioner