2023-353-Ordinance No. 2023-022 Recorded 11/6/2023REVIEWED
/4-
LEGAL COUNSEL
Recorded in Deschutes County CJ2023-353
Steve Dennison; County Clerk
commissioners' Journal 11 /06/2023 11:52:26 AM
2023-353
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 6.12, Livestock Kills,
of the Deschutes County Code.
ORDINANCE NO. 2023-022
WHEREAS, the Deschutes County Code (DCC) contains rules and regulations duly enacted through
ordinance by Deschutes County and the Deschutes County Board of Commissioners; and
WHEREAS, from time -to -time the need arises to make amendments, including new enactments to the
DCC; and
WHEREAS, staff from the Sheriff's Office have identified a need to amend DCC 6.12 to further define
domesticated fowl as livestock; and
WHEREAS, the Board of County Commissioners of Deschutes County considered this matter at a duly
noticed Board meeting on October 18, 2023, and determined that DCC 6.12 should be amended; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 6.12 is amended to read as described in Exhibit "A," attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
stl4ke4hfoug .
Section 2. ADOPTION. This Ordinance takes effect 90 days after second reading.
PAGE 1 OF 2 - ORDINANCE NO.2023-022
Dated this ) of NUK- , 2023
ATTEST:
o ,
Recording Secretary
Date of 1 st Reading: 18th day of October, 2023.
Date of 2nd Reading: 1" day of November, 2023.
Commissioner
Patti Adair
Phil Chang
Anthony DeBone
Effective date: 1st day of February, 2024.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
-Az� e�qz'
PHIL CHANG, Com issioner
Yes No
�1
Record of Adoption Vote
Abstained FXCused
PAGE 2 OF 2 - ORDINANCE NO.2023-022
EXHIBIT A
(To Ordinance 2023-022)
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, Injuring Or Chasing 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 DoR Found To Have Harmed Domesticated Fowl
As used in DCC 6.12, the words and phrases are defined as set forth in DCC 6.12.012 through DCC
6.12.025.
HISTORY
Adopted by Ord. 95-031 §1 on 511711995
Amended by Ord. 2012-015 §1 on 101312012
6 12 012 Definition; Animal Control Officer
"Animal control officer" means the Deschutes County Animal Control Officer or any Deschutes County
Sheriff's Deputy performing the functions of the Deschutes County Animal Control Officer.
HISTORY
Adopted by Ord. 97-011 §1 on 311911997
6.12.015 Definition; Board
"Board" means the board of supervisors, as defined under DCC 2.50.
HISTORY
Adopted by Ord. 90-019 §1 on 61611990
Amended by Ord. 95-014 §1 on 312911995
6.12.018 ®efinitiory Chasing
"Chasing" means causing livestock to move from a place or remain in a place involuntarily.
HISTORY
Adopted by Ord. 97-011 §1 on 311911997
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.
HISTORY
Adopted by Ord. 97-011 §1 on 311911997
6.12.020 Definition; Livestock
"Livestock" means ratitites, psittacines, horses, mules, jackasses, cattle, llamas, alpacas, sheep, goats,
and swine. For purposes of this section 6.12 of the Deschutes CountV Code, "Livestock" also includes;
domesticated fowl, and any fur -bearing animal bred and maintained commercially provided that the
domesticated fowl or fur -bearing animal bred and maintained commercially is located wholly on private
Drooertv that is not also the Dremises of subiect d0R(s) owner or keeper. ^r et r...;�o
HISTORY
Adopted by Ord. 90-019 §1 on 61611990
Amended by Ord. 2012-015 §1 on 101312012
Amended by Ord. 2020-005 §1 on 11112021
Amended by Ord. 2023-022 §1 on 111112023
6.12.025 Definition; Domesticated Fowl
"Domesticated Fowl" means chickens, geese, ducks, peafowl, guinea fowl and turkeys.
HISTORY
Adopted by Ord. 2012-015 §1 on 101312012
6.12.030 billing, 18foundin�Or lniurin 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 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 purposes 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.
D. Violation of DCC 6.12.030 shall be a class B violation.
HISTORY
Adopted by Ord. 90-019 §1 on 61611990
Amended by Ord. 95-031 §1 on 511711995
Amended by Ord. 2012-015 §1 on 101312012
Amended by Ord. 2020-005 §1 on 11112021
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 County or its designee.
Notwithstanding the foregoing, no person shall be liable for harboring or keeping such dog with
knowledge that it has killed or wounded domesticated fowl, unless the owner fails to pay full
damages for the 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 B violation.
HISTORY
Adopted by Ord. 90-019 §1 on 61611990
Amended by Ord. 95-031 §1 on 511711995
Amended by Ord. 2012-015 §1 on 101312012
Amended by Ord. 2020-005 §1 on 11112021
A. Upon observing 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 County Sheriff's 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
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 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 County may order administration of tests by a
licensed veterinarian.
C. The 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.
HISTORY
Adopted by Ord. 90-019 §1 on 61611990
Amended by Ord. 95-031 §1 on 511711995
Amended by Ord. 2012-015 §1 on 101312012
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 dog's owner or keeper shall cause a hearing request to be delivered to the County not
later than the 14th 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 County 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 provided with 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.
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.
7. The hearing conducted by the Board pursuant to DCC 6.12.060 shall be informal and
open to the public.
8. All relevant evidence shall be considered by the Board.
9. 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.
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.
B. If, after hearing, the Board determines that the dog has not engaged in killing, wounding,
injuring or chasing livestock, the dog shall be released to its owner. In such cases, if the dog was
impounded upon receipt of 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
impoundment.
C. If, after hearing, the Board determines that a dog has engaged in killing, wounding, injuring or
chasing livestock, the Board 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 Board 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 Board may impose a civil penalty of not more than $500.
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 Board 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 anew owner
approved by the Board; or
Require the owner to remove the dog to a location where, in the opinion of the
Board, 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 Board 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 Board 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 Board shall:
a. Require the dog owner to remove the dog to a location where, in the opinion of
the Board, 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
Board 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 Board 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, the Board 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.
D. Notwithstanding any civil penalty imposed upon a dog's keeper or owner under this section, the
owner or keeper of a dog that is determined to have chased, injured, wounded or killed livestock
shall be responsible for paying the impoundment fee, the cost of implanting a microchip
pursuant to 6.12.120, and all costs of keeping and testing the dog during the impounding.
E. In lieu of payment of a penalty under DCC 6.12.060(C), 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. However, credit for community
service shall not be allowed with regard to payment of the impoundment fee, the costs of
microchip implantation, or the costs of keeping and testing the dog.
F. 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 Board 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 or other measures imposed, by delivering or mailing a copy of the
Board's written decision to the dog's owner or keeper and the livestock owner.
HISTORY
Adopted by Ord. 90-019 §1 on 61611990
Amended by Ord. 95-031 §1 on 511711995
Amended by Ord. 97-011 §1 on 311911997
Amended by Ord. 2002-036 §1 on 1111312002
Amended by Ord. 2012-015 §1 on 101312012
A. When the Board assesses any civil penalty, costs and/or fees against a complainant or a dog's
owner or keeper under DCC 16.12.060, if the full amount of the financial obligation is not paid
within 21 days after delivery or mailing of the Board's determination the County may record the
obligation with the county clerk of any county of this state.
1. 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 obligation while a request for Board of County
Commissioner reconsideration or a petition for judicial review is pending.
3. Immediately upon receipt, Deschutes County Legal Counsel shall provide the County
Clerk with a copy of any reconsideration or petition for judicial review.
B. In addition to any other remedy provided by law, recording an obligation 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 provided 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 supply
the State Department of Agriculture ("Department") with information identifying the dog owner
on forms provided by the Department for this purpose.
HISTORY
Adopted by Ord. 2012-015 §1 on 101312012
3 On
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 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.
HISTORY
Adopted by Ord. 90-019 §1 on 61611990
Amended by Ord. 95-013 §1 on 312911995
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 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.
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 at the
same time as the verified statement.
HISTORY
Adopted by Ord. 90-019 §1 on 61611990
Amended by Ord. 95-031 §1 on 511711995
Amended by Ord. 2012-015 §1 on 101312012
A. All claims presented as provided by DCC 6.12.080 shall be heard promptly.
B. If the Board 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 $100.00.
C. The Board shall state on the record the basis for its award, and shall order a warrant drawn for
the amount of damages awarded, to be paid by the County Treasurer out of the dog fund.
D. If the Board determines the claim unjust, it shall disallow it and enter that fact upon its record.
E. No 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.
HISTORY
Adopted by Ord. 90-019 §1 on 61611990
Amended by Ord. 95-014 §2 on 312911995
Amended by Ord. 95-031 §1 on 511711995
Amended by Ord. 2012-015 §1 on 101312012
A. In each case where a claim against the dog fund has been paid by the County, 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, and may proceed in a lawful way to collect any
amount paid.
B. Any money so collected shall be paid over immediately to the County Treasurer and credited to
the dog fund.
HISTORY
Adopted by Ord. 90-019 §1 on 61611990
Amended by Ord. 95-031 §1 on 511711995
Amended by Ord. 2012-015 §1 on 101312012
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.
HISTORY
Adopted by Ord. 97-011 §1 on 311911997
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 paying the reasonable costs of such
implementation.
C. The County shall forward the microchip information to the State Department of Agriculture.
HISTORY
Adopted by Ord. 2012-015 §1 on 101312012
A. Notwithstanding DCC 6.12.060(C), a dog found to have 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 paying 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 may 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 killed, and may make payment of such compensation
a condition to release of the dog.
HISTORY
Adopted by Ord. 2012-015 §1 on 101312012
Amended by Ord. 2014-019 §1 on 613012014
�vTES CO
BOARD OF
COMMISSIONERS
MEETING DATE: November 1, 2023
SUBJECT: Second Reading and Adoption of Ordinance No. 2023-022 amending Deschutes
County Code section 6.12
RECOMMENDED ACTIONS:
1. Move second reading of Ordinance No. 2023-022 by title only.
2. Move adoption of Ordinance No. 2023-022.
BACKGROUND AND POLICY IMPLICATIONS:
Following a public hearing on October 18t", the Board deliberated and approved first reading
of Ordinance No. 2023-022. The amendment to DCC 6.12 clarifies the required conditions for
chickens to be treated as "livestock" for purposes of county code.
BUDGET IMPACTS:
None
ATTENDANCE:
Legal