1997-09193-Ordinance No. 97-011 Recorded 3/19/19979"7-09193
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CI
An Ordinance Amending Deschutes
County Code Chapter 2.50, Board of
Supervisors, and Title 6, Animals,
Declaring an Emergency and Prescribing
an Effective Date of January 1, 1997.
*
* C
ORDINANCE NO. 97-011
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. Amendment to Chapter 6.12. Deschutes County Code Chapter 6.12, Livestock Kills, is
hereby amended as set forth in Exhibit A attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in strikeout.
Section 2. Amendment to Chapter 6.08. Deschutes County Code Sections 6.08.060, Animals at Large,
and 6.08.090, Infractions, is hereby amended as set forth in Exhibit B attached hereto and by this reference
incorporated herein, with new language underlined and language to be deleted in strikeout.
Section 3. Amendment to Chapter 2.50. Deschutes County Code Chapter 2.50, Animals, is hereby
amended by the addition of Section 2.50.025, Lack of quorum due to vacancy, and Section 2.50.080, Remand,
as set forth in Exhibit C attached hereto and by this reference incorporated herein.
Section 4. Severahility. The provisions of this ordinance are severable. If any section, sentence,
clause or phrase of this ordinance is adjudged to be invalid by a court of competent jurisdiction, that decision
shall not affect the validity of the remaining portions of this ordinance.
Section 5. Codification. County Legal Counsel shall have the authority to format the provisions
contained herein in a manner that will integrate them into the County Code consistent with the Deschutes
County Form and Style Manual for Board Documents. Such codification shall include the authority tp make
such changes, to make changes in numbering systems and to make such numbering changes consistent with
interrelated code sections. In addition, as part of codification of these ordinances, County Legal Counsel may
insert appropriate legislative history reference. Any legislative history references included herein are not
adopted as part of the substance of this ordinance, but are included for administrative convenience and as to
reference. They may be changed to correct errors and to conform to proper style without action of the Board of
County Commissioners.
1 - ORDINANCE 97-011
TAIC^ORLMM
V A i -l' , 11)97
CH�D
°'�� I
MAR ' 1991
U1 6-4'233 1
Section 6. Emergency. This ordinance being necessary for the immediate preservation of the peace,
health and safety, an emergency is declared to exist, and this ordinance takes effect as of January 1, 1997.
DATED this q day of , 1997.
BOARD OF COUNTY COMMISSIONERS
OF DESC1 UTES COUNTY, OREGON
NANCY POPE SCHLANGEN, Chair
h
ATTEST: ROBERT L. NIPPER, Commissidndr
S
Recording Secretary LINDA L. SWEA , Commissioner
2 - ORDINANCE 97-011
EXHIBIT A 0156-2338
to Ordinance No. 97-011
Chapter6.12. LivestockKills.
6.12.010.
Definitions.
6.12.012.
Definition -Animal control
officer.
6.12.015.
Definition -Board.
6.12.018.
Definition -Chasing.
6.12.019.
Definition -Injury, injures or
injuring.
6.12.020.
Definition -Livestock.
6.12.030.
Killing, wounding or injuring
livestock -Nuisance.
6.12.040.
Harboring of livestock killing
dogs prohibited.
6.12.050.
Killing, wounding or injuring
livestock -Evidence.
6.12.060.
Hearing.
6.12.070.
Killing, wounding or injuring
of livestock -Disputable
presumption.
6.12.080.
Owner of livestock -Damage
claims.
6.12.090.
Damage claims hearing.
6.12.100.
Damage claims -Collection.
6.12.110.
Civil right of action.
6.12.010. Definitions.
As used in this chapter, the words and
phrases are defined as set forth in 6.12.015-020.
(Ord. 95-031 § 1, 1995)
6.12.012. Definition -Animal control
officer.
"Animal control officer" means the
Deschutes County Animal Control Officer or any
Deschutes County Sheriffs Deputy performing
the functions of the Deschutes County Animal
Control Officer. (Ord. 97-011 § 1, 199 7)
6.12.015. Definition -Board.
"Board" means the board of supervisors,
as defined under Deschutes County Code, chapter
2.50. (Ord. 95-014 § 1, 1995; Ord. 90-019 § 1,
1990)
1 - EXHIBIT A to Ordinance 97-011
6.12.018. Definition -Chasing.
"Chasing" means causing livestock to
move from a place or remain in a place
involuntarily.
6.12.019. Definition -Injury, injures or
iniurin2.
"Injury, iniures or iniurinR7 means
abrasion or laceration of skin or hide, fracture of
bones. impairment of normal gait. and aborting of
fetus.
6.12.020. Definition -Livestock.
"Livestock" means horses, mules,
jackasses, cattle, llamas, sheep, goats, swine,
domesticated fowl and any fur -bearing animal
bred and maintained commercially or otherwise,
within pens, cages and hutches. (Ord. 90-019 §
1, 1990)
6.12.030. Killing, wounding or injuring
livestock -Nuisance.
A. Except as provided in subsection
(C) of this section, any dog, whether licensed or
not, that, while off the premises of its owner or
keeper kills, wounds, or injures any livestock not
belonging to the owner or keeper of such dog, is a
public nuisance and may be killed immediately
by any person. However, nothing in this section
applies to any dog acting under the direction of
its owner or keeper, or the agents or employees of
such owner or keeper.
B. If any dog, not under the control
of its owner or keeper, is found chasing or
feeding upon the warm carcass of livestock not
the property of such owner or keeper it shall be
deemed prima facie, as engaged in killing,
wounding or injuring livestock.
C. No person shall kill any dog for
killing, wounding or chasing chickens upon a
public place, highway or within the corporate
limits of any city. (Ord. 95-031 § 1, 1995; Ord.
90-019 § 1, 1990)
6.12.040. Harboring of livestock killing
dogs prohibited.
A. No person shall own, harbor, or
keep any dog with knowledge that it has killed or
wounded any livestock.
B. No person shall be liable for
harboring or keeping such dog with knowledge
that it has killed or wounded chickens, unless the
owner fails to pay full damages for the chickens
killed or wounded within three days after receipt
of a demand for such damages from the owner.
C. Violation of this section shall be
a class A violation. (Ord. 95-031 § 1, 1995; Ord.
90-019 § 1, 1990)
6.12.050. Killing, wounding or injuring
livestock -Evidence.
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 pursuant
to subsection A 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 board shall order administration of
tests by a licensed veterinarian. (Ord. 95-031 § 1,
1995; Ord. 90-019 § 1, 1990)
6.12.060. Hearing.
—2A. If a do is impounded pursuant
to DCC 6.12.050, the owner or keeper of the dog
shall be entitled to a hearing as follows:
1. The owner or keeper of a dog
shall be given served with actual notice of the
hearing not less than three (3) days prior to the
hearing -ate. If the owner or keeper of the dog
cannot be found, notice shall be given by mailing
a certified or registered letter to the owner's or
keeper's last known address at least five (5) days
before the date of the hearing, or, if no last known
address is known to the county, by publication at
least five (5) days before the date of the hearing
2 - EXHIBIT A to Ordinance 97-011
0156-2339
2. The owner shall be afforded the
opportunity to present evidence to the board
during such hearing. Other individuals may
present evidence at the hearing. The owner or
keeper of the dog shall have a final opportunity to
rebut any evidence submitted by others and shall
be entitled to cross examine witnesses.
3. The hearing conducted by the
board pursuant to this section shall be informal
and open to the public. All relevant evidence
shall be considered by the board.
4. The board may establish
reasonable parameters for the conduct of the
hearing to ensure an orderly and complete
presentation of the evidence. The board, on
reasonable grounds, shall continue the hearing to
allow the owner or keeper of a dog sufficient
opportunity to prepare a defense.
STB. After completion of any tests as
are administered pursuant to Section 6.12.050(B)
of this chapter, the board shall convene a hearing
to determine whether the dog has been engaged
in killing, wounding, injuring or chasing
livestock. If the board determines 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. In such cases, if
the dog was impounded upon receipt of evidence
from a complainant, the complainant sha11 may
be required to pay the costs of keeping and
testing of the dog during the impounding
C. Notwithstanding subsection B,
at the dog owner's request at the time of the
hearing a dog found to have chased livestock
may be released if the board finds by a
preponderance of the evidence that:
1. The dog has not previously
engaged in chasing livestock; and
2. The livestock suffered no
iniury. This shall be established based upon a
written report signed by a veterinarian approved
by the livestock owner, who at the dog owner `s
expense examined the livestock immediately
after the chasing incident and again two weeks
later for signs of any injury; and
3. A responsible person, who may
be the dog owner, has agreed in writing to
accent irrevocable ownership and custody of the
dog in a location and area approved by the
board; and
4. The dog owner has tendered
payment of a $500 fee as a penalty, payable to
the Deschutes County Dog Fund to be used
exclusively for the activities set forth in this
chapter; and
5. The dog owner agrees to pay for
and have an identification chip implanted in the
dog or the dogs lip tattooed with the word
"chaser" prior to the dog being released. The
license records of the dog and the dog's license
shall be clearly marked "livestock chaser" and
data regarding the chip or tattoo shall be
retained by the county.
If at the time of the hearing, the board
finds that the do cg ould potentially qualify to be
released under this subsection C except that two
weeks time has not passed to allow a second
examination of the livestock by a veterinarian,
the owner may request a continuance to allow
for the second examination to occur, during
which time the dog shall be boarded at a private
kennel at the expense of the dog owner. The
board may require the posting of a bond to
assure compliance with this chapter.
D. In lieu of payment of the $500
fee as a penalty under DCC 6.12.060(C)(4), the
board may consider a petition of indigence and
all other relevant circumstances and allow credit
for community service at a rate of $10 per hour
for each hour of community service performed.
E E. Notwithstanding section
6.16.010 of this title, a dog impounded pursuant
to dos subsection A or C of this section shall not
be released until a determination is made by the
board pursuant to this section. (Ord. 97-011 § 1,
1997; Ord. 95-031 § 1, 1995; Ord. 90-019 § 1,
1990)
3 - EXHIBIT A to Ordinance 97-011
®-1�6-��
6.12.070. Killing, wounding or injuring
of livestock -Disputable
presumption.
A disputable presumption shall arise that
a dog has been engaged in killing, wounding,
injuring or chasing livestock within the meaning
of Section 6.12.050 of this chapter if:
A. The dog is found chasing
livestock not the property of the owner or keeper
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 indicates ingestion 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. (Ord.
95-031 § 1, 1995; Ord. 90-019 § 1, 1990)
6.12.080. Owner of livestock -Damage
claims.
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 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 or 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. (Ord. 95-031 § 1, 1995; Ord.
90-019 § 1, 1990)
01
�y'
6.12.090. Damage claims hearing.
All claims presented as provided by
Section 6.12.070 of this chapter shall be heard
promptly. If the board determines that any
livestock 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 caused by a dog owned or controlled by the
claimant or his agent. (Ord. 95-031 § 1, 1995;
Ord. 95-014 § 2, 1995; Ord. 90-019 § 1, 1990)
6.12.100. Damage claims -Collection.
In each case where a claim against the
dog fund has been paid by the board, the 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.
The county legal counsel shall proceed promptly,
in a lawful way, to collect it. Any money so
collected shall be paid over immediately to the
county treasurer and credited to the Dog Fund.
(Ord. 95-031 § 1, 1995; Ord. 90-019 § 1, 1990)
6.12.110. Civil right of action.
Nothing in this chapter shall be construed
to prohibit a livestock owner from pursuing civil
redress for the iniury or death of livestock
through any other available means, including, but
not limited to, a civil court action for damages.
4 - EXHIBIT A to Ordinance 97-011
EXHIBIT By "�`
2,A2
to Ordinance 97-011
6.08.060. Animals at large.
A. Any dog or- livesteel found at large is a
public nuisance.
B. Any livestock in a livestock control
district found at large is a public nuisance.
C. The owner or keeper of an animal that is
a public nuisance under this section shall be
liable under Section 6.08.090 of this chapter.
ED.An owner or keeper of a dog or livestock
shall be liable for a violation of this section only
if such public nuisance resulted from the owner
or keeper's negligent conduct. (Ord. 95-031 § 1,
1995; Ord. 90-019 § 1, 1990)
6.08.090. Infractions.
A. Except as provided herein, violation of
any provision of this chapter is a Class B
infraction.
B. Violation of section 6.08.060 is a Class A
infraction subject to a $250 fine.
C. Violation of section 6.08.070 or 6.08.080
is a Class A infraction. (Ord. 95-031 § 1, 1995;
Ord. 90-019 § 1, 1990)
I - EXHIBIT B TO ORDINANCE 97-011
EXHIBIT C
to Ordinance 97-011
Chapter 2.50. BOARD OF SUPERVISORS
2.50.010.
Board name.
2.50.020.
Board membership.
2.50.025.
Lack of quorum due to vacancy.
2.50.030.
Compensation -Expense
reimbursement.
2.50.040.
Meetings, attendance and
quorum.
2.50.050.
Powers and duties.
2.50.060.
Conflicts of interest.
2.50.070.
Appeal.
2.50.080.
Remand.
2.50.010. Board name.
The name of the board shall be the Deschutes
County board of supervisors, hereinafter in this
chapter called "the board." (Ord. 95-013 § 1,
1995)
2.50.020. Board membership.
A. The membership of the board shall
consist of five residents of the county. At least
two members shall be directly or indirectly
connected with the livestock industry.
B. Members shall be appointed by the Board
of Commissioners for a term of two years, except
that each membership may be terminated by a
majority vote of the Board of Commissioners.
C. Appointments shall be made on a
staggered basis, with each beginning on July 1 of
the year of appointment, incumbents to serve
until regularly replaced.
D. At the expiration of the term of any
member, the Board of Commissioners shall
appoint a new member or may reappoint a
member for a term of two years. If a vacancy
occurs, the appointing body shall appoint a new
member for the unexpired term. (Ord. 95-013 § 1,
1995)
2.50.025. Lack of quorum due to vacancv.
If the board ceases for any reason to have a
quorum of three members due to vacancy,
Board of County Commissioners shall act as the
board until a quorum is appointed.
2.50.030. Compensation -Expense
reimbursement.
No board member shall receive
compensation, but shall be reimbursed for
authorized expenses. (Ord. 95-013 § 1, 1995)
1 - EXHIBIT C TO ORDINANCE 97-011
0156-2343
2.50.040. Meetings, attendance and
quorum.
A. The board shall convene a hearing
promptly:
1. Upon notice of a damage claim filed
under Deschutes County Code 6.12.070;
2. After completion of any tests administered
pursuant to Deschutes County Code 6.12.040(B),
to determine whether a dog has been engaged in
killing, wounding or chasing livestock.
B. Involved dog owners and livestock
owners shall be given reasonable notice of
hearings.
C. Members absent three consecutive
hearings may be asked to resign, enabling the
Board of County Commissioners to appoint a
replacement.
D. A majority of the board shall constitute a
quorum. (Ord. 95-013 § 1, 1995)
2.50.050. Powers and duties.
As provided in Oregon Revised Statutes
609.030(2), the Board of County Commissioners
vests in the board the following responsibilities:
A. To conduct hearings to determine
whether an impounded dog has been engaged in
killing, wounding, injuring or chasing livestock
in accordance with Deschutes County Code
6.12.050-060.
B. To conduct damage claims hearings in
accordance with Deschutes County Code
6.12.080. (Ord. 95-013 § 1, 1995)
2.50.060. Conflicts of interest.
A member of the board shall not participate
in any board proceeding or action in which any of
the following have a direct, substantial financial
interest: the member or his spouse, brother, sister,
child, parent, father-in-law, mother-in-law, or any
business with which he is negotiating for or has
an arrangement or understanding concerning
prospective investment or employment. Any
actual or potential interest shall be disclosed at
the meeting of the board where the matter is
being considered. (Ord. 95-013 § 1, 1995)
OI U -2344
2.50.070. Appeal.
The decision of the board shall be the final
decision of the County, except in the case of
remand after appeal or review by a court. (Ord.
95-013 § 1, 1995)
2.50.080. Remand.
If a decision of the board is remanded after
appeal or review by a court, the Board of County
Commissioners shall conduct a new hearing
under the law in effect at the time of the new
hearing. For the new hearing under this section,
the term board shall mean Board of County
Commissioners.
2 - EXHIBIT C TO ORDINANCE 97-011