Chapter 6.04
DOG CONTROL

Sections:

6.04.001    Purpose.

6.04.005    Definitions.

6.04.010    Rabies vaccination required.

6.04.015    County dog license.

6.04.020    Kennel license.

6.04.025    Dog identification tags.

6.04.030    Dog control division of the general fund.

6.04.035    Off-premises control.

6.04.040    Impoundment of dogs.

6.04.045    Proof of county violations and defenses.

6.04.050    Prohibited conduct.

6.04.052    Biting dogs – Dangerous dogs.

6.04.055    Notice of county violations (citations).

6.04.060    Admission of county violation.

6.04.065    Regulations for wolf/dog hybrids.

6.04.070    Livestock dogs.

6.04.075    Livestock at large.

6.04.080    Livestock claims.

6.04.085    Enforcement.

6.04.090    Severability clause.

6.04.095    Citation – Penalty.

6.04.001 Purpose.

It is hereby declared that Crook County is a dog control district pursuant to ORS 609.030. In order to protect the health, safety, and welfare of the residents and citizens of Crook County and to provide for control of dogs and protection of dogs located therein, Crook County enacts the following provisions, which may be referred to and pleaded as the “dog control ordinance.” (Ord. 271 § 1 (Exh. A), 2014; Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.005 Definitions.

For the purpose of this section, general definitions of the following are provided:

(1) “Adequate fence” means a continuous barrier consisting of natural barriers, structures, masonry, rails, poles, planks, wire, or the combination thereof, installed and maintained in a condition so as to form a continuous guard and defense against the ingress or egress of livestock into or from the lands enclosed by the barrier. Such natural barriers shall include hedges, ditches, rivers, streams, ponds, or lakes.

(2) “Aggressive” describes the behavior of a dog which has an avenue of escape yet crosses neutral territory to chase, attack, or bite a person or animal.

(3) “Altered” means being incapable of reproduction and certified as such by a licensed veterinarian.

(4) “Animal” means any nonhuman vertebrate with the exclusion of livestock as defined herein.

(5) “Animal control deputy” or “animal control officer” shall mean any Crook County sheriff’s deputy performing the functions of the animal control officer.

(6) “Assistance animal” means any animal trained to do work or perform tasks for the benefit of an individual as defined in ORS 659A.143.

(7) “Dangerous dog” means a dog that:

(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) Acts as a potentially dangerous dog as defined in this section, after having previously committed an act as a potentially dangerous dog that resulted in the keeper being found to have violated ORS 609.095; or

(c) Is used as a weapon in the commission of a crime.

(8) “Dog” means any member of the canine family, including wolf hybrid, which is domesticated, or which is kept or maintained in captivity by a keeper, and so determined by a licensed veterinarian.

(9) “Dog 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.

(10) “Euthanized” means put to death in a humane manner by a licensed veterinarian or a certified euthanasia technician.

(11) Keeper. All adults in a household with a dog are keepers of that dog. In addition to any other keeper, the person that obtains the license for the dog shall be responsible for the actions or behavior of the dog as provided within this chapter. A keeper is 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.

(12) “Kennel” means an enclosure of sound structural strength in good repair designed for and capable of containing dogs. The structure must be enclosed and able to prevent the entrance of other dogs at large. The structure must protect the dog from the elements and provide for the humane confinement of the dog.

(13) “Livestock” means ratites, psittacines, 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.

(14) “Livestock dog” means any dog kept as a livestock dog, used in the performance of ranching and farming to help and assist the owner or ranch hand with the movement of livestock animals.

(15) “Menaces” means lunging, growling, snarling, or other behavior by a dog that would cause a reasonable person to fear for the person’s safety.

(16) “Microchip” is a radio frequency identification device which has an identification number programmed into it; the dog can then be identified by means of a unique identification number.

(17) “Minimum care” means care sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the owner or keeper, includes, but is not limited to, the following requirements:

(a) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;

(b) Open or adequate access to potable water in sufficient quantity to satisfy the animal’s needs. Access to snow or ice is not adequate access to potable water;

(c) For a domestic animal other than livestock or a dog engaged in herding or protecting livestock, access to a barn, dog house or other enclosed structure, shelter sufficient to protect the animal from wind, rain, snow, or sun and that has adequate bedding to protect against cold and dampness;

(d) Reasonable care from a veterinarian to relieve distress from injury, neglect, or disease;

(e) For a domestic animal, continuous access to an area:

(i) With adequate space for exercise necessary for the health of the animal;

(ii) With air temperature suitable for the animal;

(iii) Kept reasonably clean and free from excess waste or other contaminants that could affect the animals.

(18) “Muzzle” means a device constructed of strong soft material or a metal muzzle that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.

(19) “Night period” means those hours between 10:00 p.m. and 7:00 a.m.

(20) “Open range,” ORS 607.005(6), means that livestock may lawfully be permitted to run at large.

(21) “Owner” means any person having a right of property in an animal or who harbors an animal or who has it in the care of the person, or acts as its custodian, or who knowingly permits an animal to remain on or about any premises occupied by the person. “Owner” does not include veterinarians, pet shop owners, or kennel operators who for a period of not more than 90 days maintain on their property dogs owned by other persons.

(22) “Permit” means to engage in conduct that is intentional, deliberate, careless, inadvertent, or negligent in relationship to an animal.

(23) “Person” means any natural person, association, partnership, firm, or corporation.

(24) “Physical injury” means any injury whether or not caused by actual physical contact with a dog or animal; this includes but is not limited to a dog or animal bite, any abrasion, puncture, or laceration of skin or hide, impairment of normal gait, or aborting of a fetus while pertaining to any type of injury, physical pain, or indications of physical impairment.

(25) “Potentially dangerous dog” means any dog that:

(a) Without provocation and while not on premises from which the keeper may lawfully exclude others, menaces a person;

(b) Without provocation and while not on premises from which the keeper may lawfully exclude others, 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.

(26) “Secure enclosure” means a fenced pen, kennel, or structure which remains securely closed, and which has secure sides which are a minimum of five feet high. The enclosure shall be designed in a manner which prevents the dog from menacing any public way, sidewalk, or adjoining property, and must be located so as not to interfere with the public’s legal access to the keeper’s property. The structure must be in compliance with the jurisdiction’s building codes and protect the dog from the elements and provide for the humane confinement of the dog.

(27) “Serious physical injury” has the meaning given that term in ORS 161.015.

(28) “Shelter” means a structure with three sides and a roof with a barrier between the ground and the animal; said shelter must be adequate to maintain shelter from the environmental elements with regards to weather-related events. The structure must be suitable for the age and species of the animal to maintain the animal in a state of good health. (Ord. 271 § 1 (Exh. A), 2014; Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.010 Rabies vaccination required.

(1) Any dog residing in the county for more than 30 days that either (a) is over six months of age or (b) has a set of permanent canine teeth is required to be vaccinated for rabies. The inoculation shall be kept current and shall be administered by a licensed veterinarian or a licensed veterinary technician who is under the supervision of a veterinarian licensed to practice in the state of Oregon. If the owner or keeper does not want to vaccinate a wolf/dog hybrid, the owner or keeper must present a written statement signed by a licensed veterinarian stating that the rabies vaccine will be harmful for medical reasons and should not be administered to the animal.

(2) Failure to keep rabies vaccination current is subject to citation with a fine up to $250.00; the first offense being no less than $50.00, the second offense being no less than $100.00, and any additional offense subject to the maximum penalty of $250.00. For the purposes of this section, each day that the violation has not been corrected is subject to a new violation.

(3) Enforcement of Rabies Control. Rabies control shall be enforced by the Crook County sheriff’s office in cooperation with the Crook County health officer and in accordance with the provisions of ORS 433.340 through 433.390. (Ord. 271 § 1 (Exh. A), 2014; Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009)

6.04.015 County dog license.

(1) The Crook County court shall periodically establish separate license fees for fertile dogs, neutered or spayed dogs, multiple-year license fees, license fees for dogs owned by individuals aged 62 and older, license fees for dogs that are considered kennel inventory, livestock dogs, replacement license fees, and administrative fees. The county court shall also establish effective dates for dog license fees.

(2) Any dog in the county more than 30 days, over six months of age or having a set of permanent canine teeth is required to have a current county dog license pursuant to ORS 609.100.

(3) No license shall be issued for any dog unless proof of current rabies vaccination is provided to Crook County, an authorized licensing agent, or humane society before purchase. County dog licenses are valid for one to three calendar years depending upon the type of license that is purchased. The term of the license must not exceed the expiration date of the rabies vaccination by more than 30 days.

(4) Proof of a dog being altered must be submitted at the time of licensing if the owner or keeper is applying for a reduced licensing fee. Proof can be in the form of a certificate from a veterinary clinic, or a bill or invoice for the service that describes the dog for which the license is being purchased.

(5) A dog license is not transferable to another dog. The dog license number will be assigned to the dog and shall remain with the dog upon transfer to another keeper for the duration of the license period.

(6) A dog displaying a current license from jurisdictions outside Crook County, but within the state of Oregon, shall not require licensing under this section until the current license expires. The keeper of any dog licensed outside the state of Oregon must register the dog with Crook County within 30 days of moving into the county pursuant to ORS 609.100(6).

(7) Dog licenses may be sold in outpost locations by non-county personnel when authorized to do so by a properly executed memorandum of understanding (MOU) with Crook County.

(8) Failure to maintain a current county dog license subjects the owner or keeper to a fine of up to $250.00; with the first offense being no less than $50.00, the second offense being no less than $100.00, and any additional offense subject to the maximum penalty of $250.00.

(9) Law enforcement dogs as defined by ORS shall be subject to the licensing requirement of this section.

(10) Notwithstanding ORS 609.015 or 609.100, Crook County shall not charge a fee to license a dog used as an assistance animal as defined in ORS 659A.143. However, assistance animals will be provided with a county dog license and tag at no charge pursuant to ORS 609.100(4). (Ord. 271 § 1 (Exh. A), 2014; Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009. Formerly 6.04.020)

6.04.020 Kennel license.

(1) Keepers of five or more dogs on their establishment or premises must obtain a kennel license from the county. A holder of a county kennel license may be subject to yearly inspection by an animal control deputy. Kennel licenses are valid for one to three years from date of issuance. Livestock dogs are exempt from this section.

(2) Requirements for a Kennel License.

(a) The keeper must submit an application to the Crook County sheriff’s office; and

(b) Every dog covered by the kennel license must be vaccinated as provided by CCC 6.04.010; and

(c) At least minimum care conditions must exist on the property, as determined by the animal control deputy after an inspection of the premises. (Ord. 271 § 1 (Exh. A), 2014; Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009. Formerly 6.04.025)

6.04.025 Dog identification tags.

Every purchaser of a county dog license will be provided with a suitable identification tag. The tag must be on a collar and kept on the dog at all times when the animal is not in the immediate possession of the keeper. (Ord. 271 § 1 (Exh. A), 2014; Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009. Formerly 6.04.030)

6.04.030 Dog control division of the general fund.

All funds derived under this chapter shall be turned over to the county treasurer, who will deposit them in the dog license fund to be expended as provided for by law. At the end of a fiscal year any amount of money in the fund determined by the county court to be in excess of the requirements of the dog license fund may be placed in the general fund of the county. Any third party authorized by the county to collect fines or fees applicable to this chapter must immediately pay such sums to the county treasurer, with the exception that an impound facility may retain fees related to the cost of care for an animal if authorized by an agreement to do so. (Ord. 271 § 1 (Exh. A), 2014; Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009. Formerly 6.04.040)

6.04.035 Off-premises control.

Any dog not contained within the owner or keeper’s property must be controlled by an electronic device, mechanical means, or hand or voice command to immediately restrict the actions and movement of a dog by the person responsible for the dog. (Ord. 271 § 1 (Exh. A), 2014; Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009. Formerly 6.04.050)

6.04.040 Impoundment of dogs.

(1) The Crook County sheriff’s office deputy or an animal control deputy, dog control officer, or peace officer may impound a dog upon a reasonable belief that the dog is the subject to a violation of any section of this chapter, with the exception of failing to license a dog. When a deputy sheriff’s only contact is for the sole reason of the dog not having a valid license the said dog will not be impounded, but the keeper may be issued a citation for not having a valid dog license. Impoundment may be initiated by immediately delivering the dog to an authorized impoundment facility.

(2) A person who has apprehended a dog that is in violation of the dog control ordinance while off of the keeper’s premises may hold the dog, for the purpose of delivering the dog to a deputy or peace officer at an authorized impoundment facility.

(3) Any impounded dog, which by reason of injury, disease, or other cause is suffering extreme pain or is dangerous to keep impounded may be promptly and humanely euthanized. The animal control deputy or the director or manager of an authorized impoundment facility may request a veterinarian to certify the condition of the animal in writing before the animal is euthanized.

(4) Unless otherwise provided in this chapter, dogs impounded will be held for the following minimum times, unless sooner reclaimed by their owner:

(a) Unlicensed dogs and dogs whose owners are unknown shall be held for five consecutive days, not including the day of impoundment, Sundays, or federal holidays.

(b) Licensed dogs and dogs for which owners are known shall be held for five consecutive days, not including Sundays or federal holidays, from the date of notification of impoundment. If notification is by mail, the date of mailing shall be considered the date of notification.

(5) Release of Impounded Dogs. Unless otherwise ordered by the Crook County circuit court, a dog may not be released until final disposition of any violation alleging that the dog has menaced, bitten, injured, or killed a person or domestic animal. Otherwise an impounded dog may be released to its owner prior to final disposition of a violation after payment of the following applicable fees and charges:

(a) Impound fee;

(b) Daily board fee, to accrue the day following impoundment;

(c) License fees;

(d) Any fines, fees, or costs imposed against the dog owner pursuant to this chapter;

(e) Any other expenses.

(6) If a dog owner has been cited for a violation or multiple violations of this chapter, and the circuit court finds that no violation(s) occurred, then impoundment and board fees shall not be assessed until the first business day following issuance of that finding.

(7) If an owner fails to reclaim a dog as provided in this chapter, the dog will be deemed surrendered to the county without compensation paid to the owner. An owner that fails to reclaim a dog will be civilly liable to the county for all penalties, fines, fees, costs, and expenses authorized by this chapter and which may be collected in the same manner as any other debt allowed by law.

(8) In the event any dog is impounded with symptoms of an infectious or contagious disease or injury, the county may hire a licensed veterinarian to treat the dog. The dog owner shall be liable to the county for the expenses of veterinarian care. In the event that a licensed veterinarian is of the opinion that the dog cannot be treated or that the dog poses a threat to public health or safety, the dog may be immediately euthanized without compensation paid to the owner.

(9) If an impounded animal is released for adoption, adoption fees will be assessed by the impound facility.

(10) The county shall have the authority to develop and enforce adoption policies and procedures. (Ord. 271 § 1 (Exh. A), 2014; Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009. Formerly 6.04.055)

6.04.045 Proof of county violations and defenses.

(1) All county violations under this section shall be established by a preponderance of the evidence.

(2) A rebuttable presumption exists that a dog has been engaged in killing, injuring, or chasing livestock if:

(a) The dog is found chasing livestock not on the property of the 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 of the anatomy or covering of the anatomy of livestock by the dog; or

(d) Portions of the anatomy or covering of the anatomy of livestock are found on the teeth of the dog, unless the dog is regularly used for the purpose of herding sheep.

(3) A dog that is not “at large” that bites or causes physical injury to a person may not be considered a “dangerous dog” if the injured person, at the point of injury, was:

(a) Wrongfully assaulting the dog or the dog’s keeper; or

(b) Trespassing upon premises occupied by the dog’s keeper after provoking the dog; or

(c) Negligently placing him or herself in circumstances that would reasonably cause a dog to bite.

(4) A dog that is not “at large” that bites, injures, or kills another animal may not be considered a “dangerous dog” if, at the time of the incident:

(a) The dog was clearly provoked by the other animal;

(b) The other animal was a dog or animal “at large”;

(c) The other animal was trespassing upon premises occupied by the dog’s keeper.

(5) A dog is not considered a “dangerous dog” if it is used for law enforcement purposes, is on duty, under the control of a law enforcement officer, and acting pursuant to the instruction of the law enforcement officer. (Ord. 271 § 1 (Exh. A), 2014; Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009. Formerly 6.04.060)

6.04.050 Prohibited conduct.

(1) It is unlawful for a keeper to fail to prevent a dog from being a public nuisance. For purposes of this section “a public nuisance” means the dog(s):

(a) Chase(s) vehicles on premises other than those that the keeper of the dog may lawfully exclude others from;

(b) Damage(s) or destroy(s) property of persons other than the keeper of the dog;

(c) Scatter(s) garbage on premises other than those that the keeper of the dog may lawfully exclude others from;

(d) Trespasses on private property;

(e) Is a potentially dangerous dog as defined in CCC 6.04.005(25);

(f) Is a dangerous dog as defined in CCC 6.04.005(7);

(g) Is at large as defined in CCC 6.04.005(9);

(h) Chases, threatens, or bites a person or pet on premises other than those that the keeper of the dog may lawfully exclude others from;

(i) Either individually or in concert, create(s) a disturbing dog noise or continuous annoyance.

(i) For the purpose of this section, “disturbing dog noise” means, but is not limited to: barking, whining, howling, or similar sounds that occur for more than 45 minutes or more than 20 minutes during the night period on at least three different days within a 10-day period that have a tendency to disturb a reasonable person located off the keeper’s property.

(ii) For the purpose of this section, “continuous annoyance” means, but is not limited to, the activities of a dog(s) that disturbs a reasonable person by frequent or prolonged noise that may be heard beyond the boundary of the dog keeper’s property.

(j) Any dog that continues to bark, whine, howl, or makes prolonged noise that is a disturbance beyond the boundaries of the keeper’s property will be held to the “three strike rule.”

(i) First Occurrence – Strike One. Keeper would be given a documented warning advising the keeper of the violation;

(ii) Second Occurrence within 30 Days – Strike Two. Keeper would receive a citation for the violation and a documented report submitted to the circuit court;

(iii) Third Occurrence within 30 Days – Strike Three. Keeper would receive another citation and keeper’s dog may be impounded and lodged at an approved facility;

(iv) If any violations of continuous annoyance occur after a 30-day period during the three-strike rule timeframe, the process would start over with strike one.

(2) It is unlawful for a keeper to:

(a) Leave an animal unattended for more than 24 consecutive hours without minimum care;

(b) Physically mistreat an animal by abuse or neglect;

(c) Permit an animal to be confined within or on a motor vehicle at any location, such as to endanger the health or well-being of the animal. This is including but not limited to dangerous or extreme temperatures and the lack of food or water.

(3) A deputy sheriff or animal control deputy is authorized to remove an animal from a motor vehicle at any location, public or private, when the deputy reasonably believes it is in imminent danger of death or serious injury. An animal that is removed from a motor vehicle shall be delivered to an authorized impoundment facility after proper veterinary treatment. A deputy who removes an animal must leave written notice of the removal and delivery location of the animal in a conspicuous, secure location on or within the vehicle. A report will be forwarded to the district attorney’s office for review. Any fees incurred for the treatment of any animal that was subject to neglect shall be the responsibility of the owner or keeper of that animal.

(4) A deputy sheriff or animal control deputy acting lawfully and in good faith shall not be held criminally liable for entering a residence, structure, or vehicle to rescue or seize an animal.

(5) It is unlawful for any person to:

(a) Harbor a dangerous dog or animal;

(b) Fail to produce an animal for quarantine or inspection, as it relates to quarantine, to a law enforcement officer or health department employee;

(c) Remove or attempt to remove an animal from impoundment without the proper authority from an authorized impoundment facility, the sheriff’s office, the district attorney, or the circuit court;

(d) Place food, poisons, or other injurious ingredients in an area that is reasonably likely to be accessible to animals, except as provided for by law or with the authority of the circuit court.

(e) Fail to comply with any requirement of this chapter.

(6) If the circuit court determines that a dog is a dangerous dog, it will determine the sentence for the dog or the dog’s keeper based upon the facts established at the hearing. The sentence may include any combination of restrictions, euthanasia, fines, restrictions, and community service. (Ord. 271 § 1 (Exh. A), 2014)

6.04.052 Biting dogs – Dangerous dogs.1

(1) Reporting Biting Dogs.

(a) The owner of a dog that bites a person or domestic animal shall immediately notify the Crook County sheriff’s office of the time and circumstances of the bite along with a description of the biting dog, its rabies inoculation status, the owner’s name and address, and if known the name and address of the person who was bitten or the person that owns a bitten domestic animal.

(b) Any person who is bitten or owns a domestic animal bitten by a dog shall immediately notify the Crook County sheriff’s office of the time and circumstances of the bite along with his/her name and address, a description of the biting dog, and if known the name and address of the dog owner.

(c) Crook County environmental health shall also be notified of the incident for purposes of mandatory reporting.

(2) Quarantine of Biting Dogs.

(a) When a dog is suspected of having bitten a person or domestic animal, the dog may be impounded. A dog suspected of biting a person will be quarantined at the owner’s expense for a period of at least 10 days following the bite, unless the owner presents proof of valid rabies vaccination through the Humane Society or a veterinarian, but for no less than the time specified in CCC 6.04.040. All wolf hybrids must be quarantined regardless of vaccination.

(b) When a dog is quarantined at the premises of the owner, the dog shall not be permitted to leave the confines of a prescribed quarantine area whether the dog’s release is willful or through a failure to exercise proper care or control.

(3) Dangerous Dogs.

(a) Classification of Dog as a Dangerous Dog. A dog may be classified by the circuit court as a dangerous dog when it has been found to have engaged in any of the behaviors listed in CCC 6.04.005(7).

(b) Notice of Classification – Hearing.

(i) Prior to a dog being classified as dangerous, the owner shall have a right to a hearing before the circuit court. The animal control officer shall send a dangerous dog notice to the dog owner by certified mail or personal service. If sent by mail the date of mailing will be considered the date of service. The notice shall inform the owner of:

(A) A description of the alleged incident and specific behavior that supports classification of the dog as dangerous;

(B) The regulations that may be imposed following a dangerous dog classification, including the requirement of a dangerous dog certificate;

(C) An opportunity to request a hearing;

(D) Information that the dog owner must request a hearing within seven days from the date of service by delivering a written request to the Crook County sheriff’s office;

(E) Information that if the dog owner does not make a timely request for hearing, the dog owner shall be deemed to have waived his/her right to a hearing. Thereafter, following proof of sufficient evidence that the dog is dangerous, the circuit court may so classify the dog and impose regulations consistent with this chapter.

(ii) Following a timely request for a hearing, the circuit court will set the date and time of the hearing and notify the dog owner. A hearing on classification of a dangerous dog may be consolidated with a hearing on any underlying violation.

(iii) When a dog has been classified as dangerous, the dog shall be microchip identified at the expense of the owner, as provided in ORS 609.168. In addition, the circuit court may impose the following regulations, and order that:

(A) The dog is kept in a secure enclosure;

(B) The dog owner obtains and maintains proof of public liability insurance;

(C) The dog owner not permit the dog to be off the owner’s premises unless the dog is muzzled and restrained by an adequate leash and under the control of a competent person;

(D) The owner successfully completes a pet ownership program approved by the animal control officer;

(E) The dog successfully completes obedience training certified by the American Temperament Testing Society or other similar program approved by the animal control officer;

(F) The dog be spayed or neutered;

(G) Prior to entry of an order requiring euthanasia, the circuit court shall consider the factors set out in ORS 609.093 in making findings to support the decision. The circuit court shall also consider the dog and the dog owner’s violation history to include all known determinations by any circuit court, governing body, official, or agency of any local or state government without regard to where or when the incident occurred. (Ord. 271 § 1 (Exh. A), 2014; Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009. Formerly 6.04.065)

6.04.055 Notice of county violations (citations).

(1) Whenever an animal control deputy has reasonable grounds to believe that an animal or the keeper is in violation of this chapter, the deputy shall be authorized to issue the keeper a citation, seize the animal, or both.

(2) The citation shall be served on the owner or keeper of the animal by personal service or in a manner consistent with state law.

(3) The citation shall contain the following information:

(a) The name and address, if known, of the person in violation of this chapter, and a description of the animal, if applicable;

(b) The county code or ORS section allegedly violated, with a brief descriptive statement as to the nature of the violation;

(c) A statement explaining that all fines are due within 30 days of the circuit court appearance or other time set by the circuit court. (Ord. 271 § 1 (Exh. A), 2014; Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009. Formerly 6.04.070)

6.04.060 Admission of county violation.

A party issued a notice of a county violation may admit to the violation and submit the fine to the county in lieu of a hearing. The party may attach an explanation of circumstances with the payment of the fine. (Ord. 271 § 1 (Exh. A), 2014; Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009. Formerly 6.04.075)

6.04.065 Regulations for wolf/dog hybrids.

(1) A wolf/dog hybrid found to have bitten or physically injured a person or animal is subject to testing provided for by state laws regarding wild or exotic animals.

(2) When not on a strong, secure leash, wolf/dog hybrids must be confined in an enclosure or kennel that meets the requirements of subsection (4) of this section at all times. The secure enclosure or kennel must not interfere with legal access to the keeper’s property. A wolf/dog hybrid may not be chained or tethered as a method of confinement.

(3) Secure enclosures or kennels which will be used to confine a wolf/dog hybrid must be inspected by the animal control deputy or designee prior to use. The animal control deputy will issue a permit allowing occupancy of the enclosure or kennel by a wolf/dog hybrid, if the standards of subsection (4) of this section are met.

(4) Enclosure or kennel used to confine a wolf/dog hybrid must meet the following requirements:

(a) It must provide sufficient space to allow freedom of movement; to keep the animals clean, dry, and safe from injury, and to provide access to clean water and food;

(b) It must have a floor constructed of concrete or have a heavy buried wire barrier that is sufficient to prevent animals from digging out;

(c) It must be of sufficient height or be covered in order to prevent escape;

(d) Outdoor facilities shall have an additional perimeter fence surrounding the enclosure that provides a minimum of three feet between the fence and enclosure. The perimeter fence must be constructed to prevent entry from the public. (Ord. 271 § 1 (Exh. A), 2014; Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009. Formerly 6.04.080)

6.04.070 Livestock dogs.

(1) A livestock dog is required to have a county license. This license is available at a reduced rate after presenting proof of rabies vaccination in compliance with CCC 6.04.010. Additionally, an IRS tax schedule “F” form may be required in order to prove the working status of the dog.

(2) This section does not limit the application of CCC 6.04.045 to the owner or keeper of a livestock dog.

(3) Ranch licenses can be obtained at the rates set forth in the county fee schedule. (Ord. 271 § 1 (Exh. A), 2014; Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009. Formerly 6.04.085)

6.04.075 Livestock at large.

For purposes of this chapter, the owner or keeper of any livestock defined in CCC 6.04.005(13) that are at large on land not designated “open range” is liable for damage to the property of others. (Ord. 271 § 1 (Exh. A), 2014; Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009. Formerly 6.04.090)

6.04.080 Livestock claims.

(1) Killing, Wounding, or Injuring Livestock – Nuisance. Except as provided in this chapter, 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. However, nothing in this chapter applies to any dog acting under the direction of its owner or keeper, or the agents or employees of such owner or keeper.

(2) Enforcement of Violations Involving Livestock. When a dog is determined to be a public nuisance under this chapter for menacing, biting, injuring, or killing livestock, in addition to all other provisions and regulations of this chapter, ORS 609.125 through 609.190 shall apply. (Ord. 271 § 1 (Exh. A), 2014)

6.04.085 Enforcement.

(1) Authority. Pursuant to ORS 609.030(5), a county governing body may provide for appointment of a dog control officer and otherwise provide for administration and enforcement of a dog control program.

(2) Transfer of Jurisdiction. Upon passage of the ordinance codified in this chapter, the Crook County circuit court shall have jurisdiction to enforce all county and state laws relating to control of dogs within the county.

(3) Appearance by County Counsel. The Crook County legal counsel shall be responsible for providing legal advice and guidance and appear on behalf of Crook County in all legal proceedings to enforce the dog control ordinance.

(4) Enforcement Authority. The Crook County sheriff shall be vested with full authority to make arrests and otherwise enforce and administer the provisions of this chapter, to do all things authorized by law to reduce the damage inflicted by dogs upon domestic animals and livestock, and to investigate claims against the dog control fund.

(5) Enforcement Officers. Any peace officer, including any animal control officers as designated by the Crook County sheriff, shall have the power to cite owners or keepers of dogs, or impound dogs for violation of this chapter, which power shall be in addition to any powers otherwise conferred upon him/her under Oregon state law.

(6) Jurisdiction. The circuit court of the state of Oregon for Crook County shall have jurisdiction to enforce the provisions of this chapter.

(7) Failure of Defendant to Appear. If the defendant fails to comply with this chapter or fails to appear at any time fixed by the circuit court, a warrant for his/her arrest may be issued.

(8) Continuing Violation. A continuing violation of this chapter shall constitute a nuisance and each day a person is determined to be in violation of this chapter shall be deemed a separate offense.

(9) Fines Additional to Licensing and Maintenance Charges. The penalties described in this chapter shall be in addition to any charges assessed against the owner or the keeper of any animal under this chapter for the licensing, impoundment, and maintenance of the animal.

(10) Restitution. In addition to penalties otherwise provided, the circuit court shall, upon conviction, have the authority to require the defendant to pay to the victim or the owner of the victim a sum for restitution. (Ord. 271 § 1 (Exh. A), 2014)

6.04.090 Severability clause.

Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared invalid, that declaration shall not affect the validity of any other section, subsection, paragraph, sentence, clause or phrase; if this chapter or any portion thereof should be held to be invalid on one ground, but valid upon another ground, it shall be construed that the valid ground is the one upon which the ordinance or portion thereof was enacted. (Ord. 271 § 1 (Exh. A), 2014; Ord. 232 § 1 (Exh. A), 2010; Ord. 211 § 1 (Exh. A), 2009. Formerly 6.04.100)

6.04.095 Citation – Penalty.

(1) The penalty for violation of any provision of this chapter which results in a citation shall be a fine of not more than $500.00.

(2) Each day any person is determined to be in violation of this chapter shall be deemed a separate offense.

(3) In addition to any fine imposed pursuant to subsection (1) of this section, the circuit court may order the impoundment and destruction of any dog found to be dangerous, or found to have killed, injured, or chased livestock.

(4) Any person who has been convicted of a violation of this chapter and who is found by the circuit court to have been formerly convicted of any violation of this chapter or prior dog control ordinances of the county within two years preceding the date of the alleged violation may be punished by a fine of not more than $1,000. (Ord. 271 § 1 (Exh. A), 2014)


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Code reviser’s note: Ordinance 271 adds this section as CCC 6.04.050. It has been editorially renumbered to avoid duplication.