2012-1795-Ordinance No. 2012-015 Recorded 10/5/2012i
REVIEWED DESCHUTES COUNTY OFFICIAL RECORDS Cf ~}01~~+~~~
NANCY BLANKENSHIP, COUNTY CLERK 1►d L +
4GALCOUNSEL COMMISSIONERS' JOURNAL 10/05/2012 03;06;55 PM
I II IIII III~IIIII~I IIII III
i -i
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code Chapter 6.12 Pertaining to Dogs Alleged to * ORDINANCE NO. 2012-015
Have Chased, Injured or Killed Livestock, and
Declaring and Emergency.
WHEREAS, certain portions of Deschutes County Code ("DCC") Chapter 6.12 do not
expressly comply with applicable provisions of Oregon Revised Statute ("ORS") Chapter 609
regarding how the Deschutes County Board of Supervisors, ("Dog Board"), adjudicates matters in
which dogs are alleged to have chased, injured or killed livestock; and
WHEREAS, certain portions of Deschutes County Code ("DCC") Chapter 6.12 do not fully
and clearly set out applicable procedures in Dog Board cases; and
WHEREAS, it is appropriate that certain portions of Deschutes County Code ("DCC") Chapter
6.12 be revised to allow more equitable resolution of certain Dog Board cases in which dogs are
alleged to have chased, injured or killed domesticated fowl; and
WHEREAS, it is appropriate that Deschutes County's obligation to compensate owners of
livestock killed or injured by a dog be capped at a reasonable amount, while preserving the right of
livestock owners to pursue legal action against the dog owner; and
WHEREAS it is appropriate that DCC Chapter 6.12 expressly set forth procedures for the
County's collection of costs and penalties imposed upon by dog owners by the Dog Board, including
the procedures for imposing liens to collect amounts due; and
WHEREAS, with the changes shown in Exhibit A, DCC Chapter 6.12 will expressly comply
with applicable provisions of ORS Chapter 609, will clearly set forth applicable procedures in Dog
Board cases, will allow the Dog Board to more equitably resolve Dog Board cases in which dogs are
alleged to have chased, injured or killed domesticated fowl; will place a reasonable cap on Deschutes
County's obligation to compensate livestock owners; and will provide the County with express
procedures for collecting amounts owed by dog owners; and
WHEREAS, the Board of County Commissioners considered this matter after a duly noticed
public hearing on October 3, 2012 and concluded that the proposed changes are consistent with the
County's Comprehensive Plan and that the public will benefit from the proposed changes to the Code;
now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
PAGE 1 OF 2 - ORDINANCE NO. 2012-015
Section 1. AMENDING. DCC Chapter 6.12, Livestock Kills, is amended to read as described
in Exhibit "A", attached and incorporated by reference herein, with new language underlined and
deleted language set forth in strikethfaug .
Section 2. EMERGENCY. This Ordinance being necessary for the public peace, health and
safety, an emergency is declared to exist and this Ordinance takes effect on its passage.
Dated this of , 2012 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DeBONE, Chair
044,_, UUI't--
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary TA MY NEY, Comm's Toner
Date of 1St Reading:; ~ day of , 2012.
Date of 2"d Reading: 3x~ day of 2012.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Anthony DeBone c/
Alan Unger
Tammy Baney ` Effective date: M~ day of DgdqA-, 2012.
PAGE 2 OF 2 - ORDINANCE NO. 2012-015
Chapter 6.12. LIVESTOCK KILLS
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.
6.12.025. Definition-Domesticated Fowl.
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.
6.12.065 Payment of Costs and Penalties; Liens
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.
6.12.120 Microchip Identification of Dog
6.12.130 Release of Doi Found To Have Harmed Domesticated Fowl
6.12.010. Definitions.
As used in DCC 6.12, the words and phrases are defined as set forth in DCC 6.12.01-52 through DCC
6.12.0205.
(Ord. 2012-015 §1, 2012; 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, 1997)
6.12.015. Definition-Board.
"Board" means the board of supervisors, as defined under DCC 2.50.
(Ord. 95-014 § 1, 1995; Ord. 90-019 § 1, 1990)
6.12.018. Definition-Chasing.
"Chasing" means causing livestock to move from a place or remain in a place involuntarily.
(Ord. 97-011 § 1, 1997)
6.12.019. Definition-Injury, Injures or Injuring.
"Injury, injures or injuring" means abrasion or laceration of skin or hide, fracture of bones, impairment of
normal gait, and aborting of fetus.
(Ord. 97-011 §1, 1997)
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6.12.020. Definition-Livestock.
"Livestock" means ratitites, psittacines. horses, mules, jackasses, cattle, llamas, sheep, goats, swine,
domesticated fowl, and any fur-bearing animal bred and maintained commercially or otherwise; within
apens, cages orand hutches.
(Ord. 2012-015 § 1, 2012; Ord. 90-019 § 1, 1990)
6.12.025. Definition-Domesticated Fowl.
"Domesticated Fowl" means chickens, geese, ducks, peafowl, guinea fowl and turkevs.
(Ord. 2012-01.5 § 1, 2012)
6.12.030. Killing, Wounding or Injuring Livestock-Nuisance.
A. Except as provided in DCC 6.12.030(C), 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 DCC
6.12.030 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 for parposes of this section 6.12.030..
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. 2Q.1,.2_-015 1 2012, 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 except as permitted by the Board. a court of competent jurisdiction, or pursuant to adoption or
relocation of the dog as approved by the Counly or its designee.
B. Notwithstanding the foregoing, Nno person shall be liable for harboring or keeping such dog with
knowledge that it has killed or wounded J+ieei+s domesticated fowl, unless the owner fails to pay full
damages for the eh-iekens domesticated fowl killed or wounded within three days after receipt of a
demand for such damages from the owner.
C. Violation of DCC 6.12.040 shall be a class A violation.
(Ord. 2012-015 §1, 2012; Ord. 95-031 §1, 1995; Ord. 90-019 §1, 1990)
6.12.050. Killing, Wounding, or-Injuring or Chasing Livestock-Evidence.
A. Upon # ice- obserying a dog engaged in killing, wounding, injuring or chasing livestock or upon
receipt from a complainant of a written complaint supported by evidence that a dog has been so
engaged, the dog control officer or other law enforcement officer shall impound the dog.
1. The written complaint referenced in subsection (A), above, shall be made on a form prepared by the
Deschutes Countv Sheriffs Office.
2. Such form shall clearly state that:
a. The complaint is made upon declaration of the complainant of the truth of the statements
contained therein, and
b. If the dog is ultimately determined to have not engaged in chasing, killing, injuring or
wounding livestock, the complainant may be liable for the impoundment fee and/or the costs
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Page 2 of 7 - EXHIBIT A TO ORDINANCE 2012-015
of keeping and testing the dog pursuant to DCC 6.12.060(B)...
B. If there is reason to believe that reasonable testing of a dog impounded pursuant to DCC 6.12.050(A),
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 bed hall- County may order administration of tests by a licensed veterinarian.
C_I he decision whether to.order any such testing shall be wholly within the discretion_ of the County, and
the County's..: failure to order such testing shall not be considered as evidence by the Board.
(Ord. 2(1.12.-(11._S ' 1 , 2012; Ord. 95-031 §1, 1995; Ord. 90-019 §1, 1990)
6.12.060. Hearing.
A. If a dog is impounded pursuant to DCC 6.12.050, the owner or keeper of the dog shall be entitled to a
hearing as follows:
1. At the time the dog is impounded, or as soon as practicable thereafter, the County shall provide the
dog's owner or keeper notice of the right to request a hearing before the Board.
2. Notice of the right to request a hearing shall be provided in a manner reasonably calculated, under
all the circumstances, to apprise the owner or keeper of the specific behavior and incident alleged
and the possible penalties, and to provide the owner or keeper with a fair opportunity for making the
hearing request.
3. A dooTS owner or keeper shall cause a hearing; request to be delivered to the County not later than
the 14"' day after notice is provided under subsection (A)(1), above.
4. If the owner or keeper does not make a timely request for hearing-, the owner or keeper may be
conclusively presumed to have admitted the matter alleged and the Count}, may immediately take
action under subsection (C), below.
5. If the dog's owner of keeper timely request hearing, the Board shall schedule a hearing for the first
reasonably available date.
--a. The owner or keeper of a dog shall be rop vided-sei-vim with aetual notice of the hearing not less
than three days prior to the hearing.
b. 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 days before the
date of the hearing, or, if no last known address is known to the County, by publication at least
five days before the date of the hearing.
c. If the County has ordered that the dog be tested under DCC 6.12.050(B), the hearing shall be
convened after completion of those tests.
2-6. The owner shall be afforded the opportunity to present evidence to the Bboard 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.
37. The hearing conducted by the bBoard pursuant to DCC 6.12.060 shall be informal and open to the
public.
8. All relevant evidence shall be considered by the bBoard.
9. The bBoard may establish reasonable parameters for the conduct of the hearing to ensure an orderly
and complete presentation of the evidence. The bBoard, on reasonable grounds, shall continue the
hearing to allow the owner or keeper of a dog sufficient opportunity to prepare a defense.
10. The person presiding at the hearing shall ensure that the record developed at the hearing shows a
full and fair inquiry into the facts necessary to determine the matter alleged.
11. A determination made by the Board shall be supported by reliable, probative and substantial
evidence.
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B. 6.12.050(B),
engaged a hearing to deteftnine v0heflher- the dog has been b , injufing of ehasin
llivestoek,
OI3. If after hearii_, the bBoard determines that the dog has not been se engaged in killing`w~undin;.
injuring,-or chasing _livestock„ the dog shall be released to its owner. -In such cases, if the dog was
impounded upon receipt of evidene e f eii a complaint from a complainant, the complainant may be
required to pay the impoundment fee and/or the costs of keeping and testing of the dog during its-the
impoundmen6ag.
CD.If, after hearing, the bBoard determines a tef a Ad! an f°aif eating that a dog has engaged in killing,
wounding, injuring or chasing livestock, the bBoard shall take action in accordance with the following
guidelines:
1. If the dog has engaged in chasing livestock and has not previously killed, wounded, injured or
chased livestock:
a. The bBoard shall take reasonable measures to prevent a recurrence. Reasonable measures
include, but are not limited to, requiring that the dog owner take specific measures to
adequately confine the dog and provide a notarized written pledge that the owner will prevent
the dog from chasing livestock again; and
b. The bBoard may impose a civil penalty of not more than $500.
2. If the dog has engaged in chasing livestock and has previously killed, wounded, injured or chased
livestock, or if the dog has engaged in wounding or injuring livestock and has not previously killed,
wounded, injured or chased livestock, the Bboard shall impose a civil penalty of not less than $250
and not more than $1,000.
3. In addition to imposing the civil penalty, the board may:
a. Require the dog owner to surrender the dog for adoption by a new owner approved by the
bBoard; or
b. Require the owner to remove the dog to a location where, in the opinion of the bBoard, the dog
does not present a threat to livestock; or require that the dog be put to death in a humane
manner.
4. Before requiring that a dog be put to death under this subparagraph, the bBoard shall make specific
findings on the record that other measures are not available, are not adequate to remedy the problem
or are otherwise unsuitable.
5. If the dog has engaged in wounding or injuring livestock and has previously killed, wounded,
injured or chased livestock, or if the dog has engaged in killing livestock and has not previously
killed livestock, the Bboard shall impose a civil penalty of not less than $500 and not more than
$1,000.
6. In addition to imposing the civil penalty, the bBoard shall:
a. Require the dog owner to remove the dog to a location where, in the opinion of the bBoard, the
dog does not present a threat to livestock; or
b. Require that the dog be put to death in a humane manner.
7. If the dog has engaged in killing livestock and the dog has previously killed livestock, the bBoard
shall impose a civil penalty of not less than $500 and not more than $1,000.
8. In addition to imposing the civil penalty, the bBoard shall require that the dog be put to death in a
humane manner.
9. In establishing the history of a dog for purposes of this section, or the history of an owner for
purposes of ORS 609.163, thea bBoard shall consider all known determinations involving the dog
or owner by any court, or by a governing body, official or agency of any local or state government,
without regard to where or when the incident occurred.
b
have ehased livesteek may be released ifthe boafd finds by a pfepender-anee of the evidenee that:
09/~ 2012)
Page 4 of 7 - EXHIBIT A TO ORDINANCE 2012-015
2. The livesteek suff-efed no if~uf-y. '"is shall be established based upon a wfitten fepof~-
,
livesteek immediately aftef the g ineident and again two weeks later- f6f signs of any i
afid
, whe may be the dog , has agreed in wfiting to aeeept irfevoca
DE.Notwithstanding_an civil penalty imposed upon a dog's keeper or owner Linder this section., the owner
or keeper of a.dog that is determined to have chased injured, _wounded _or killed livestock shall be
responsible forma -ing_the impoundment fees the cost of im lantiacya microchip pursuant to 6.12.120,
and all costs of keeping and testin the dog during the impounding.
FE. In lieu of payment of the $500 f~e as a apenalty under DCC 6.12.060(C)(4), the -bBoard 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._. However, credit for communit}_
service _.shall Dot be allowed with regard to-payment._of the. impoundment fee, the costs of microchip
implantation, or the costs of keeping and testing the do
GF. Notwithstanding DCC 6.16.010, a dog impounded pursuant to DCC 6.16.060(A) or DCC 6.16.060(C)
shall not be released until a determination is made by the bBoard pursuant to DCC 6.12.060.
G. The County shall notify the dog's owner or keeper and the livestock owner of its determination and of
any civil penalties of other measures it~osed, by deliverina or_mailin2a copy ~ of the Board's written
decision to the clod s owner or keeper and the livestock o~~ner
(Ord. "0.:1?-0.1._5, 1§ , 2012; Ord. 2002-036, §1; Ord. 97-011 §1, 1997; Ord. 95-031 §1, 1995; Ord. 90-019 §1,
1990;)
DCC 6.1.2.065. Payment of Costs and Penalties; Liens
A. When the Board assesses any _civil penalty, costs and/or fees against a complainant or a dog's owner or
keeper under. DCC 1.6__1.2.060, if the full amount of the financial _obligation is not paid within 21 days
after deliverer or mailing of the Board's determination the County may record_ the obligation with the
county clerk of any county of this state.
I_. The County Clerk shall thereupon record in the County Clerk Lien Record the name of the person
incurring the obligation.
2.__. The COUnty_Clerk shall not record an onliaation while a_reouest for Board of County Commissioner
reconsideration or a etp ition for 'u1 dicial review is pendi!ig.
3. Immediately upon recejpt, Deschutes County Legal Counsel shall provide_ the County Clerk with a
cof any reconsideration or petition for judicitil_review.
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B. In addition to any other remedy Lovided by, laws recording an obiii4ation in the County Clerk Lien
Record pursuant to this section has the effect provided for in ORS 205.125 -and 205.126, and can be
enforced as rovided in ORS 205.125 and ORS 205.126.
C. When _a civil _penalty is assessed against a dog's owner under this section, the county shall suppl_the
State Depa_rtment_of Agriculture ("Department" with information id~enti_fvin6.the dog owner on forms
provided b-y the Ue artment for this purvose.
_(Ord. ?Q.1.2.-{ _1.:. 1 2012
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 DCC 6.12.050 i£
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.
A. The owner of any livestock killed, wounded, chased or injured by any dog may, within ten 10 _days
after the killing, wounding, chasing or injuring occurred, or became known to him, present to the
bBoard 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.
B. The livestock owner's_claim shall be supported by the affidavit of at least one disinterested person to all
material facts contained in it. The affidavit shall be submitted to the_Board _a_tthe same time as the
verified statement.
(Ord. 2012-015 §1, 2012; Ord. 95-031 §1, 1995; Ord. 90-019 §1, 1990)
6.12.090. Damage Claims Hearing.
A. All claims presented as provided by DCC 6.12.080 shall be heard promptly.
B If the bBoard determines that any livestock has been damaged by being injured, chased, wounded or
killed, the Board may award the livestock owner compensation for such damage in an amount not to
exceed a total of $1.00.00.
C The Board shall state on the record the basis for its award and shall it shall file and enter- a .-eeor a of the
value of the livestock and order a warrant drawn for the amount of damages awardedthUS fOtifid, OF-any
pei4joti thefeef that it , to be paid by the County Treasurer out of the dog fund.
D If ithe Board determines the eensider-s t1w claim unjust, it shall disallow it and enter that fact upon its
record.
E. claim for damages 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. 2012-015 §1, 2012; Ord. 95-031 §1, 1995; Ord. 95-014 §2, 1995; Ord. 90-019 §1, 1990)
6.12.100. Damage Claims-Collection.
A. each case where a claim against the dog fund has been paid by the Countbeard, the County shall be
subrogated to all the rights of the owner of the livestock killed, wounded, chased or injured against the
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owner of the dog for damages, and proceed pfew4Wt , in a lawful
way, to collect any amount paidit.
Any money so collected shall be paid over immediately to the County Treasurer and credited to the dog
fund.
(Ord. 2012-015 §1, 2012; Ord. 95-031 §1, 1995; Ord. 90-019 §1, 1990)
6.12.110. Civil Right of Action.
Nothing in DCC 6.12 shall be construed to prohibit a livestock owner from pursuing civil redress for the
injury or death of livestock through any other available means, including, but not limited to, a civil court
action for damages.
(Ord. 97-011 § 1, 1997)
6.12.120 Microchip Identification of Dog
A. When a dog is determined to have chased, injured, wounded or killed any livestock under DCC
6.12.060, the County shall require that a microchip be implanted into any such dog that is not put to
death. Implantation shall be done prior to release, relocation or adoption of the dog.
B. The dog's owner or keeper shall be responsible for paving the reasonable costs of such implementation.
C. The County shall forward the microchip information to the State Department of Agriculture.
(Ord. 2012-)15 S 1.2012)
6.12.130 Release of Dog Found to Have Harmed Domesticated Fowl
A. Notwithstanding DCC 6.12.060(C), a dog found to have injured, wounded or killed domesticated fowl
may be released back to its owner or keeper if the Board finds by a preponderance of the evidence that:
1. The livestock owner did not make reasonable efforts, under all of the circumstances, to protect the
fowl from predation;
2. The dog's owner or keeper made reasonable efforts, under all of the circumstances, to maintain the
dog on the owner's or keeper's property;
3. The dog has not previously engaged in chasing, injuring, wounding or killing any livestock; and
4. The dog's owner or keeper will take necessary measures to prevent a reoccurrence.
B. This section shall not exempt the dog's owner or keeper from paving a civil penalty, taking necessary
measures to prevent a reoccurrence, or satisfying any other obligations reasonably imposed upon the
owner or keeper under DCC Chapter 6.12, which obligations ma by be imposed as a condition to release
of the dog.
C. In addition to any other penalties, fees or obligations imposed upon a dog owner under this subsection,
the Board may order that the dog owner pay reasonable compensation to the livestock owner for the
domesticated fowl injured, wounded or killed, and may make payment of such compensation a
condition to release of the dog.
Ord. 2 1 ?-015 1, 2012)
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